Theatre - Definition - Law Dictionary Home Dictionary Definition theatre

Definition :

Theatre, a place kept for the public performance of stage-plays (see STAGE-PLAY), which expression includes 'every tragedy, comedy, farce, opera, burletta, interlude, pantomine, or other entertain-ment of the stage.' By the Theatres Act, 1843 (6 & 7 Vict. c. 68), such a place may not be had or kept without a licence from the Lord Chanberlain of the Household of the sovereign in the metropolis, and from the justices of the peace elsewhere, s. 2 of the Act enacting that:-

2. It shall not be lawful for any person to have or keep any house or other place of public resort in Great Britain, for the public performance of stage plays, without authority by virtue of letters-patent from Her Majesty, her heirs and successors, or predecessors, or without licence from the Lord Chamberlain of Her Majesty's household for the time being, or from the justices of the peace as hereinafter provided; and every person who shall offend against this enactment shall be liable to forfeit such sum as shall be awarded by the Court in which or the justices by whom he shall be convicted, not exceeding twenty pounds for every day on which such house or place shall have been so kept open by him for the purpose aforesaid, without legal authority.

Hiring, without control, is not within this enactment [eg. V. Strugnell, (1865) LR 1 QB 93], but allowing the public to enter, for payment to be devoted to charitable purposes, the house of the owner and occupier, is within it, Shelley v. Bethell, (1883) 12 QBD 11.

The licensing power of the justices is transferred to the County Councils by the Local Government Act, 1888.

By s. 12 of the Act a copy of every new stage-play intended to be acted in any theatre must be sent to the Lord Chamberlain seven days at least paying beforehand, and if he disallow the same, or any part thereof, the same may not be acted contrary to the disallowance, under pain (s. 15) of the penalty not exceeding 50l. and absolute avoidance of the licence of the theatre. See Chitty's Statutes, tit. 'Public Entertainment.'

A picture house is not a theatre for the purpose of building restrictions applicable to a theatre, Richie v. Scottish Cinema and Variety Theatres Ltd., 1929 SC 350.

The Theatre and Employers Registration Act, 1925 (15 & 16 Geo. 5, c. 50), and the Amendment Act, 1929 (18 & 19 Geo. 5, c. 46), have for object to prevent persons of no substance from engaging companies and then abandoning them; all theatrical employers are to be registered. But the Act does not apply to a person or his agent who has a licence under the Theatres Act, 1843. As to cinematograph exhibitions and theatres, see CINEMATOGRAPH and Loc. Gov. Act, 1933 (22 & 23 Geo. 5, c. 51).

It includes any premises intended principally or wholly for the presentation of moving pictures, dramatic performances or stage entertainments. [Weekly Holidays Act, 1942, s. 2 (e)]

Theatre, is any edifice used for the performance of dramatic or operatic or other representations, plays or performance, Delite Talkies v. Jabalpur Corpora-tion, AIR 1966 MP 298: 1966 MP LJ 687: 1966 Jab LJ 1127.