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Legal Eagle

The Public

Q: Strobe lighting warnings

We wish to use a short strobe lighting effect for the opening song of our forthcoming pantomime. Can you inform me what notification/warnings need to be made to the public?

A: It is very important that you get this right because stroboscopic ('strobe') lighting may cause viewers to have an epileptic attack or otherwise damage their health. Special care should be taken by epilepsy sufferers and also if the strobe effect is operated at frequencies faster than five cycles per second, when its potentially harmful effect is increased.

The Association of British Theatre Technicians publishes a code of practice for the theatre industry in relation to management of places of public entertainment. The code deals with strobe lighting among a multitude of other matters. Of itself the code has no statutory effect but it is published under the joint auspices of the ABTT, the District Surveyor's Association and the Association of London Environmental Health Managers with the assistance of the Fire Brigade. It is therefore likely to have very strong persuasive effect on any judicial body having to consider a claim by someone whose health is impaired by the effect of strobe lighting if the requirements of the code are not satisfied. Furthermore, the code is often adopted, with or without amendment, by local authorities as standard conditions for licensing theatre use, so you should check the conditions attaching to the theatre licence of the venue where your pantomime is being presented.

The code requires that where strobe lighting may be viewed directly by members of the public, it shall be synchronised and locked off to operate at a fixed frequency of less than five cycles per second. However in the case of theatrical productions, the code states that this requirement may be relaxed for purely momentary effects. Warning notices must be displayed, stating that strobe lights operate as part of the effects on the premises. These notices should be displayed at the main entrance or within the foyer, for members of the public to read before entering the auditorium.

At least seven days advance notice should be given to the appropriate licensing authority (i.e. the local council which licenses the premises for use as a theatre) detailing the exact proposal, including the date and time of any proposed rehearsal. Strobe lighting is only to be used where the desired effect cannot be achieved by using other safer means. The council's inspecting officer will need to see all the effects demonstrated in the same manner as they are to be used, so that they can be assessed and, if satisfactory, approved by the issue of a certificate.

You have enquired only about warning the public but for your own legal protection it is also desirable that the cast, backstage staff and front of house staff at the theatre should be similarly warned, perhaps by being handed a written notification, if there is any chance of their not seeing the public notices at the front entrance of the theatre. Warning should also be given to anyone else who may be exposed to the strobe lighting when in operation, or when being tested, such as contractors, cleaners and casual visitors.

The code sets out only the minimum recommended practice. It may not be sufficient to avoid liability where, for example, a claimant alleges that his or her view of a warning notice in the foyer was blocked by the crush of people encountered on arrival at the theatre. Perhaps a short verbal loudspeaker announcement immediately prior to curtain-up may be the most effective additional protection.

First published May 2002