THE LICENSING LAWS
SIR,—No doubt a too detailed consideration of special cases makes for bad law, but something might be . done during the current debates on the new Licensing Laws to make the lot of those who wish to serve drinks at theatrical performances which do not happen to be taking place in a theatre a little easier.
We have here a large seventeenth-century tithe barn in which we propose next summer to present a Festival of Ballet and Opera. Sincc we are nine miles from the nearest big town we wish to serve our audience with dinner and drinks. What are the legal problems?
The first thing to decide is whether it would he necessary to obtain a licence under the Theatres Act 1843. If the entertainment were purely ballet, would it he classified as music and dancing? If it were, no licence would be necessary since music and dancing licences are not required in this Rural District.
An application to the County Council brought the information that if the ballets were to be performed
on the floor of the barn and not on a stage, it seemed likely that the entertainment could be classified as 'music and dancing,' and no licence under the Theatres Act 1843 would be necessary. If, on the other hand, the dancers performed on a stage, then we would be presenting a stage play and the theatre licence would be needed. Likewise if we presented an opera. Among the conditions attached to the grant- ing of 'occasional' theatre licences in the County of Gloucester (excluding the Borough of Cheltenham) is one which states that the 'Licensee shall undertake not to apply for an excise licence in respect of the disposal or consumption of beer, spirits, wine or other intoxicating liquor on the premises at any time during which the said premises are open to the public for the performance of stage plays. Also the sale of contraceptives on any premises licensed in pursuance of the Theatres Act 1843 either from automatic. machines or otherwise is prohibited.'
Consequently it appears that if we let our dancers perform on the floor of the barn and have our audience looking down on them from above (not at all an impossible arrangement in this building), we would be free to apply for a drink licence and, 1 sup- pose, to install rows of contraceptive slot machines, But let us dare to put our dancers on a stage and all these delights are denied us. However, if I erect a marquee adjacent to my barn, 1 am free to apply to the Justices for an excise licence to sell liquor in it, irrespective of where the dancers are dancing.
Really, sir, I ask you. . . .—Yours faithfully,
A. N. CURRER-RRIGGS
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