CHAPTER
384
THEATRES AND CINEMAS |
ARRANGEMENT OF
SECTIONS |
PART I
PRELIMINARY |
SECTION |
|
|
PART II
LICENSING OF PREMISES |
Licensing of premises for performance of plays
and showing of films. |
Enforcement of section 3. |
PART III
REGULATION OF PLAYS AND FILMS |
Establishment of Plays and Films Control Board. |
Plays and films to be approved. |
Prohibition of presentation of obscene plays or
films. |
|
Saving for certain performances and exhibitions
in private dwellings. |
PART IV
MISCELLANEOUS |
|
Powers of entry and inspection. |
|
SCHEDULES |
FIRST SCHEDULE - Provisions with Respect to Licences. |
SECOND SCHEDULE - The Plays and Films Control Board. |
CHAPTER 384 |
THEATRES AND
CINEMAS |
An Act to
control theatres and cinemas and the public performance and exhibition of plays
and films. | 17 of 1975
7 of 1980
25 of 1995 |
[Assent 12th
September, 1975]
[Commencement 15th July, 1976] |
PART I
PRELIMINARY |
1. This Act may be cited as the Theatres and Cinemas
Act. | Short title. |
2. In this Act- | Interpretation. |
"Board"
has the meaning assigned thereto in section 5; |
"film"
means any record, however made, of a sequence of visual images which is capable
of being used as a means of showing that sequence as a moving picture; |
"Minister"
means the Minister responsible for Theatres, Cinemas and Films; |
"play"
means- |
(a) any
dramatic piece, whether involving improvisation or not, which is given wholly
or in part by one or more persons actually present and performing, and in which
the whole or a major proportion of what is done by the person or persons
performing, whether by way of speech, singing or acting, involves the playing
of a role; and |
(b) any ballet
given wholly or in part by one or more persons actually present and performing,
whether or not it falls within paragraph (a) of this definition; |
"premises"
includes any place; |
"prescribed"
means prescribed by regulations made under section 12; |
"public
performance or exhibition" means- |
(a) a
performance of a play, or, as the case may be, an exhibition of a film, in a
public place; or |
(b) a
performance of a play, or, as the case may be, an exhibition of a film, which
the public, or any section thereof, are permitted to attend, whether on payment
or otherwise; |
"public
place" has the same meaning as in section 4 of the Penal
Code. |
PART II
LICENSING OF PREMISES |
3. (1) Subject to the following provisions of this Act,
no premises shall be used for the purpose of any public performance or exhibition
except under and in accordance with the terms of a licence granted under this
Act by the Board. | Licensing of premises for performance of plays and
showing of films. |
(2) The provisions
of the
First Schedule shall have effect with respect to licences under this Act. |
4. (1) If a public performance or exhibition is given
at any premises in respect of which a licence under this Act is not in force- | Enforcement of section 3. |
(a) any person
concerned in the organisation or management of that performance or exhibition;
and |
(b) any other
person who, knowing or having reasonable cause to suspect that such a
performance or exhibition would be given at those premises without such a
licence being in force in respect thereof- |
(i) allowed
the premises to be used for the giving of that performance or exhibition; or |
(ii) let
the premises, or otherwise made the premises available, to any person by whom
the premises were used for the giving of that performance or exhibition, |
shall be
guilty of an offence. |
(2) If, while a
licence under this Act is in force in respect of any premises, any of the
terms, conditions or restrictions on or subject to which the licence is held is
contravened or not complied with- |
(a) the holder
of the licence; and |
(b) any other
person who, knowing or having reasonable cause to suspect that the premises
would be used otherwise than in accordance with those terms, conditions and
restrictions- |
(i) allowed
the premises to be so used; or |
(ii) let
the premises, or otherwise made the premises available, to any person by whom
the premises were so used, |
shall be
guilty of an offence: |
Provided that,
where the holder of the licence is charged with an offence under this
subsection, it shall be a defence to prove that the contravention or failure to
comply took place without his consent or connivance and that he exercised all
due diligence to prevent it. |
(3) A person
guilty of an offence under subsection (1) or (2) shall be liable on summary
conviction to a fine not exceeding two thousand dollars or to imprisonment for
a term not exceeding six months, or both. |
(4) If the holder
of a licence under this Act is convicted of an offence under subsection (2),
then, subject to section 10, the Board may revoke the licence: |
Provided that the
licence shall not be revoked under this subsection by virtue of the holder's
conviction as aforesaid unless either- |
(a) the time
for bringing an appeal against the conviction has expired without such an
appeal having been brought; or |
(b) such an
appeal has been brought and abandoned or finally determined otherwise than by
the quashing of the conviction. |
PART III
REGULATION OF PLAYS AND FILMS |
5. (1) There shall be established for the purpose of
this Act a Board to be called The Bahamas Plays and Films Control Board which
shall have in New Providence and the rest of The Bahamas the powers conferred
by this Act on a Board; and is hereafter in this Act referred to as the Board. | Establishment of Plays and Films Control Board. |
(2)
Notwithstanding the provisions of subsection (1), the Minister may from time to
time appoint other Boards as he may think necessary. |
(3) The provisions
of the
Second Schedule shall have effect with respect to the constitution of the Board
and otherwise in relation thereto. |
6. (1) Subject to the following provisions of this Act,
no public performance or exhibition shall be given otherwise than in
circumstances approved by the Board pursuant to regulations made under
subsection (2). | Plays and films to be approved. |
(2) The Minister
shall by regulations make provision for the grant or refusal by the Board of
approval under subsection (1), and such regulations may contain different
provision for such grant or refusal under different circumstances. |
(3) If a public
performance or exhibition is given in contravention of subsection (1)- |
(a) any person
concerned in the organisation or management of that performance or exhibition;
and |
(b) any other
person who, knowing or having reasonable cause to suspect that such a
performance or exhibition would be given as aforesaid- |
(i) allowed
any premises to be used for the giving of that performance or exhibition; or |
(ii) let
premises, or otherwise made premises available, to any person by whom the said
premises were used for the giving of that performance or exhibition, |
shall be
guilty of an offence and liable on summary conviction to a fine not exceeding
two thousand dollars or to imprisonment for a term not exceeding six months, or
both. |
7. (1) Subject to sections 8 and 9, if an obscene
performance of a play or an exhibition of an obscene film is given, whether in
public or private, any person who (whether for gain or not) presented or
directed that performance or presented that exhibition shall be guilty of an
offence and liable- | Prohibition of presentation of obscene plays or films. |
(a) on summary
conviction, to a fine not exceeding two thousand dollars or to imprisonment for
a term not exceeding six months; |
(b) on
conviction on information, to a fine not exceeding five thousand dollars or to
imprisonment for a term not exceeding three years, or both. |
(2) A prosecution
on information for an offence under this section shall not be commenced more
than two years after the commission of the offence. |
(3) No person
shall be proceeded against in respect of a performance of a play or the
exhibition of a film or anything said or done in the course of such a
performance or exhibition- |
(a) for an
offence at common law where it is of the essence of the offence that the
performance or exhibition or, as the case may be, what was said or done, was
obscene, indecent, offensive, disgusting or injurious to morality; or |
(b) for an offence
under section 4 of, and paragraph 6 of the Second Schedule to, the Vagrancy Act consisting of exposing to
view in a public place an indecent exhibition. |
and no
person shall be proceeded against for an offence at common law of conspiring to
corrupt public morals, or to do any act contrary to public morals or decency in
respect of an agreement to present or give a performance of a play or an
exhibition of a film, or to cause anything to be said or done in the course of
such a performance or exhibition. |
(4) For the
purpose of this section a performance of a play or an exhibition of a film
shall be deemed to be obscene if, taken as a whole, its effect was such as to
tend to deprave and corrupt persons who were likely, having regard to all
relevant circumstances, to attend or see it. |
8. (1) A person shall not be convicted of an offence
under section 7 if it is proved that the giving of the performance or
exhibition in question was justified as being for the public good on the ground
that it was in the interest of drama, ballet or any other art, or of literature
or learning. | Defence of public good. |
(2) It is hereby
declared that the opinion of experts as to the artistic, literary or other
merits of a performance of a play or of a film may be admitted in any
proceedings for an offence under section 7 either to establish or to negative
the said ground. |
9. Nothing in section 7 or 8 shall apply in relation to
a performance of a play or an exhibition of a film on a domestic occasion in a
private dwelling. | Saving for certain performances and exhibitions in
private dwellings. |
PART IV
MISCELLANEOUS |
10. (1) Any of the following persons, that is to say- | Appeals. |
(a) an
applicant for an approval under section 6 whose application is refused; |
(b) an
applicant for the grant, renewal or transfer of a licence under this Act in
respect of any premises whose application is refused; |
(c) an
applicant for the variation of any terms, conditions or restrictions on or
subject to which any such licence is held whose application is refused; |
(d) a holder of
any such licence whose licence is revoked by the Board under subsection (4) of
section 4, or who is aggrieved by any term, condition or restriction or subject
to which the licence is held, |
may, at any
time before the expiration of the period of twenty-one days beginning with the
relevant date, appeal to the Minister and the Minister may make such order as
he thinks fit, and that order shall be final. |
In this subsection
"the relevant date" means the date on which the person in question is
notified of the refusal of his application, the revocation of his licence or
the imposition of the term, condition or restriction by which he is aggrieved,
as the case may be. |
(2) Where a
licence under this Act is revoked under subsection (4) of section 4 or an
application for the renewal of such a licence is refused, the licence shall be
deemed to remain in force- |
(a) during, any
period within which an appeal under this section may be brought and, if such an
appeal is brought within the period for doing so, until the determination or
abandonment of the appeal; and |
(b) where an
appeal under this section relating to such a refusal as aforesaid is
successful, until the licence is renewed by the Minister. |
(3) In the case of
an appeal in relation to an application of which, in accordance with
subparagraph (1) of paragraph 2 of the First Schedule, notice
was required to be given to the Commissioner of Police, notice of the appeal
shall be given to the Commissioner as well as to any other person to whom it is
required to be given apart from this subsection. |
11. (1) If a magistrate is satisfied by information on
oath that there are reasonable grounds for suspecting, as regards any premises
specified in the information- | Powers of entry and inspection. |
(a) that an
offence under subsection (1) of section 3 is being or will be committed in
respect of those premises; or |
(b) that a
performance of a play or an exhibition of a film is to be given at those
premises, and that an offence under section 6 or 7 is likely to be committed in
respect of that performance or exhibition, |
the
magistrate may issue a warrant under his hand empowering any police officer at
any time within fourteen days from the date of the warrant to enter the
premises and- |
(i) in a case
falling within paragraph (a) of this subsection, to inspect the premises; |
(ii) in a case
falling within paragraph (b) of this subsection, to attend any performance of a
play or any exhibition of a film which may be given there. |
(2) Any police
officer may, at all reasonable times enter any premises in respect of which a
licence under this Act is in force at which he has reason to believe that a
performance of a play or an exhibition of a film is being or is about to be
given and inspect them with a view to seeing whether the terms, conditions or
restrictions on or subject to which the licence is held are complied with. |
12. (1) The Minister may by regulations make provision
for all or any of the following matters- | Regulations |
(a) the
fire-fighting equipment to be maintained, and other precautions to be taken for
the prevention of fire, on licensed premises; |
(b) the
regulation of seating arrangements, the prevention of obstruction in gangways,
corridors and exits, and the employment of supervisory staff, in licensed
premises during such time as members of the public are thereon; |
(c) the
control, storage and use of any inflammable substance on licensed premises; |
(d) the
preservation of order on licensed premises; |
(e) restricting
and controlling the exhibition in cinemas and theatres of advertisements; and |
(f) any other
matter or thing authorised or required by this Act to be prescribed. |
(2) In this
section "licensed premises" means premises in respect of which a
licence under this Act is in force. |
FIRST SCHEDULE (Section 3(2)) |
PROVISIONS WITH
RESPECT TO LICENCES |
1. (1) The
Board may grant to any applicant and from time to time renew a licence under
this Act for the use of any premises specified therein for any purpose referred
to in subsection (1) of section 3 on such terms and conditions and subject to
such restrictions as may be so specified. | Grant, renewal and transfer of licences. |
(2) Subject to
subparagraph (3) of this paragraph, paragraph 4 of this Schedule and subsection
(2) of section 10; a licence granted under this Act shall, unless previously
cancelled under paragraph 5 of this Schedule or revoked under subsection (4) of
section 4, remain in force for one year or for such shorter period specified in
the licence as the Board may think fit. |
(3) The Board may
grant a licence under this Act in respect of such one or more particular
occasions only as may be specified in the licence. |
(4) Where a
licence has been granted under this Act to any person, then the Board may, if
it thinks fit, transfer that licence to any other person on the application of
that person or the holder of the licence. |
2. (1) An
applicant for the grant or transfer of a licence under this Act in respect of
any premises shall give to the Board and to the Commissioner of Police not less
than twenty-one days notice of his intention to make the application and
furnish such particulars and give such other notices as may be prescribed. | Notice in respect of applications for grant, renewal
or transfer of licences. |
(2) An applicant
for the renewal of a licence under this Act in respect of any premises shall
give to the Board not less than twenty-eight days notice of his intention to
make the application. |
(3) In relation to
such a licence under this Act as is authorised by subparagraph (3) of paragraph
1 of this Schedule- |
(a) subparagraphs
(1) and (2) of this paragraph shall have effect as if for the reference to
twenty-one or, as the case may be, twenty-eight days notice there were
substituted a reference to fourteen days notice; and |
(b) the said
subparagraph (1) shall have effect as if the requirement as to notice to the
Commissioner of Police were omitted. |
3. (1) The
person making an application for the grant, renewal or transfer of a licence
under this Act shall on doing so pay to the Treasurer such fee as may be
prescribed, except that no fee shall be payable under this paragraph on an
application for the grant or transfer of a licence under this Act in respect of
one or more particular occasions if the Board is satisfied as regards that
occasion or each of those occasions that the play or plays to be performed or
the film or films to be exhibited are of an educational or other like character
or are to be performed or exhibited for a charitable or other like purpose. | Fees. |
(2) Upon the
grant, renewal or transfer of a licence under this Act there shall be paid to
the Treasurer such fee as may be prescribed. |
4. In the
event of the death of the holder of a licence under this Act in respect of any
premises, that licence shall be deemed to have been granted to his personal
representatives in respect of those premises and shall, unless previously
transferred to some other person or cancelled or revoked, remain in force until
the end of the period of three months beginning with the death and shall then
expire, so, however, that the Board may from time to time, on the application
of those representatives, extend or further extend the said period of three
months if it is satisfied that the extension is necessary for the purpose of
winding up the deceased's estate and that no other circumstances make it
undesirable. | Transmission of licence on death of holder. |
5. The
Board upon receiving from the holder of a licence under this Act which is for
the time being in force, a written request in that behalf accompanied by the
licence, may cancel the licence. | Cancellation of licence. |
6. (1)
Where an application is made to the Board for the grant of a licence under this
Act in respect of premises which are to be, or are in the course of being,
constructed, extended or altered and the Board is satisfied that the premises
would, if completed in accordance with plans deposited in accordance with the
requirements of the Board, be such that it would grant the licence, the Board
may grant the licence subject to a condition that it shall be of no effect
until confirmed by it. | Provisional grant of licences. |
(2) The Board
shall confirm any licence granted by virtue of subparagraph (1) of this
paragraph if and when it is satisfied that the premises have been completed in
accordance with the plans aforesaid, or in accordance with those plans as
modified with its approval, and that the licence is held by a fit and proper
person. |
7. The
holder of a licence under this Act in respect of any premises may at any time
apply to the Board for such variations of the terms, conditions or restrictions
on or subject to which the licence is held as may be specified in the
application; and, subject to section 10, on any such application the Board may
make such variations (whether specified in the application or not) in any of
those terms, conditions or restrictions as it thinks appropriate, or may refuse
the application. | Variation of terms of licence. |
SECOND SCHEDULE (Section 5(3)) |
THE PLAYS AND
FILMS CONTROL BOARD |
1. The
Board shall consist of- | Constitution of Board. |
(a) a chairman
appointed by the Minister; |
(b) the
Permanent Secretary to the Minister, or a person appointed by him as his
representative; |
(c) the
Commissioner of Police, or a person appointed by him as his representative; |
(d) four other
persons selected, from time to time, by the chairman, being members of a panel
of not more than fifteen persons appointed by the Minister, for the purpose of
constituting the Board. |
2. Any
member of the Board (other than the Permanent Secretary to the Minister or the
Commissioner of Police) shall, subject to the provisions of this Schedule, hold
office for such period, not exceeding three
years as the Minister may determine, and shall be eligible for reappointment. | Tenure of office of members. |
3. The
Minister may appoint any person to act in the place of the chairman or any
other member of the Board in case of the absence or inability of the chairman or
that member to act. | Acting appointments. |
4. (1) Any
member of the Board other than the chairman may at any time resign his office
by instrument in writing addressed to the chairman, who shall forthwith cause
it to be forwarded to the Minister and, from the date of the receipt by the
chairman of such instrument, that member shall cease to be a member of the
Board. | Resignations. |
(2) The chairman
may at any time resign his office by instrument in writing addressed to the
Minister and, from the date of the receipt by the Minister of such instrument,
the chairman shall cease to be chairman or a member of the Board. |
5. The
Minister may, if he thinks it expedient so to do, at any time revoke the
appointment of the chairman or any other member of the Board. | Revocation of appointments. |
6. The
names of the members of the Board as first constituted and every change in the
membership thereof shall be published in the Gazette. | Publication of membership. |
7. (1) The
chairman of the Board shall convene meetings of the Board at such times as may
be necessary or expedient for the transaction of its business and such meetings
shall be held at such places and times and on such days as the chairman may
determine. | Procedure of Board. |
(2) A quorum of
the Board shall be five. |
(3) Subject to the
provisions of this Schedule the Board may regulate its own proceedings. |
8. The
Board may appoint and employ, at such remuneration and on such terms and
conditions as it thinks fit, but subject to the prior approval of the Minister
in each case, a secretary and such other officers, servants and agents as it
thinks necessary for the proper discharge of its functions: | Officers, servants and agents. |
Provided that
nothing in this paragraph shall prevent the assigning to the Board, to act as
such an officer, servant or agent of the Board, of any public officer. |