The Stage

Smoke and mirrors

Published Monday 24 September 2007 at 13:00

I write on behalf of the Theatre Safety Committee - the cross-industry body which monitors developments and disseminates information relating to health and safety in the theatre industry - with reference to your article on the smoking ban (September 6, page 5). The article suggests that a licence or permission is required from the environmental health officers of the relevant local authority in order for smoking to take place on stage without contravening the law. This is not correct.

The legislation which applies to England contains an exemption allowing a performer to smoke where the artistic integrity of the performance makes it appropriate for him or her to do so. The exemption is, in effect, the permission. There is no requirement for any further permission or licence to be obtained. Relying on the exemption incorrectly could result in prosecution, but whether it has been properly applied is ultimately a matter for the courts - not a local authority environmental health officer - to decide.

A theatre or producer may, of course, wish to inform the relevant local authority that there is to be smoking in a production as a matter of good relations but, again, there is no legal obligation to do this.

The exemption for smoking on stage has been fought for long and hard: a number of industry bodies, particularly the Society of London Theatre, the Theatrical Management Association, Equity and the National Operatic and Dramatic Association, have spent considerable amounts of time and money campaigning for it. It would be extremely unfortunate if, due to a misconception spread by the industry’s press, an extra layer of bureaucracy were to creep in, thereby eroding the benefit of the exemption.

Louise Norman

Secretary

Theatre Safety Committee

c/o The Legal Officer

SOLT/TMA

Rose Street

London