THE SHOW MUST GO ON! But Does It Risk Arrest? Coronavirus And The Theatre

Published date27 July 2021
Subject MatterMedia, Telecoms, IT, Entertainment, Coronavirus (COVID-19), Media & Entertainment Law, Operational Impacts and Strategy
Law FirmBCL Solicitors LLP
AuthorMs Suzanne Gallagher

Lord Lloyd Webber says his theatre production will open as planned in late June, regardless of coronavirus restrictions, and that he is prepared to be arrested for that decision. But is this really the risk he is taking? Suzanne Gallagher looks at the risks for those in indoor entertainment of breaching coronavirus restrictions.

Peer pressures

In a recent interview with the Daily Telegraph, Lord Lloyd Webber insisted that his show must go on. In the face of debate about delaying a move to Stage 4 of the Spring 2021 Roadmap out of lockdown, he implied that his West End show, Cinderella, scheduled to be performed at the Gillian Lynne Theatre from June 25, would go ahead regardless of any such delay.

Lord Lloyd Webber's comments were made at a time of rising infection rates across England and localised outbreaks of the Covid-19 Delta variant across London. He is quoted as saying he is prepared to be arrested for opening the theatre, and that the licence for the theatre could be at risk.

The Gillian Lynne Theatre is a venue with a capacity for 1,024. Under Stage 3 of the Roadmap, in place since 17th May, indoor events are subject to a capacity cap of 1,000 people or 50% of a venue's capacity, whichever is lower. If Stage 3 is extended, and Cinderella has an audience above 50%, Lord Lloyd Webber and his company would be in breach of its licence. What would be the consequences of putting on this show?

A licence to thrill

Under the Licencing Act 2003 ('the Act)'), it is an offence to carry on or attempt to carry on a "licensable activity on or from any premises otherwise than under and in accordance with an authorisation". "Licensable activity" includes "regulated entertainment", and regulated entertainment includes the performance of a play before more than 500 people.

If COVID-19 restrictions on large gatherings are extended into July, the licensing authority (Camden Council) will not license the planned performances of Cinderella. If the show must go on, and Cinderella is performed in front of a packed audience, an offence under the Act would be committed.

It is interesting to note that the Act exempts actors and other performers. A person does not commit the offence where their only involvement is their performance in the play. It is an offence targeting those who organise ('carry on, attempt to carry on or knowingly allow') the licensable activity to take place, otherwise than in accordance with a licence.

Assisting and encouraging

Potentially, others may...

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