(1)No person shall give an exhibition, demonstration or performance of hypnotism on any living person at or in connection with an entertainment to which the public are admitted, whether on payment or otherwise, at any place [F1, unless—
(a)the controlling authority have authorised that exhibition, demonstration or performance under this section, or
(b)the place is in Scotland and a licence mentioned in section 1 of this Act is in force in relation to it.]
[F2(1A)The foregoing subsection shall not apply to an exhibition, demonstration or performance of hypnotism that takes place in the course of a performance of a play (within the meaning of the Theatres Act 1968) given [F3 at premises in Scotland in respect of which a licence under that Act is in force].]
(2)Any authorisation under this section may be made subject to any conditions.
(3)If a person gives any exhibition, demonstration or performance of hypnotism in contravention of this section, or in contravention of any conditions attached to an authorisation under this section, he shall be liable on summary conviction to a fine not exceeding [F4level 3 on the standard scale].
[F5(3A)A function conferred by this section on a licensing authority is, for the purposes of section 7 of the Licensing Act 2003 (exercise and delegation by licensing authority of licensing functions), to be treated as a licensing function within the meaning of that Act.]
[F6(4)In this section—
“ controlling authority ” means—
(a)in relation to a place in England and Wales, the licensing authority in whose area the place, or the greater or greatest part of it, is situated, and
(b)in relation to a place in Scotland, the authority having power to grant licences of the kind mentioned in section 1 in that area, and
“ licensing authority ” has the meaning given by the Licensing Act 2003. ]
Extent Information
E1This version of this provision extends to England and Wales only; a separate version has been created for Scotland only.
Textual Amendments
F1Words in s. 2(1) substituted (24.11.2005) by Licensing Act 2003 (c. 17), s. 201(2), Sch. 6 para. 27(a) (with ss. 2(3), 15(2), 195); S.I. 2005/3056, art. 2(2)
F2S. 2(1A) inserted by Theatres Act 1968 (c. 54), Sch. 2
F3Words in s. 2(1A) substituted (24.11.2005) by Licensing Act 2003 (c. 17), s. 201(2), Sch. 6 para. 27(b) (with ss. 2(3), 15(2), 195); S.I. 2005/3056, art. 2(2)
F4Words substituted by virtue of (E.W.) Criminal Justice Act 1982 (c. 48, SIF 39:1), ss. 38, 46 and (S.) Criminal Procedure (Scotland) Act 1975 (c. 21, SIF 39:1) ss. 289F, 289G
F5S. 2(3A) inserted (24.11.2005) by Licensing Act 2003 (c. 17), s. 201(2), Sch. 6 para. 27(c) (with ss. 2(3), 15(2), 195); S.I. 2005/3056, art. 2(2)
F6S. 2(4) substituted for s. 2(4)(a)(b) (24.11.2005) by Licensing Act 2003 (c. 17), s. 201(2), Sch. 6 para. 27(d) (with ss. 2(3), 15(2), 195); S.I. 2005/3056, art. 2(2)
(1)No person shall give an exhibition, demonstration or performance of hypnotism on any living person at or in connection with an entertainment to which the public are admitted, whether on payment or otherwise, at any place [F1, unless—
(a)the controlling authority have authorised that exhibition, demonstration or performance under this section, or
(b)the place is in Scotland and a licence mentioned in section 1 of this Act is in force in relation to it.]
[F8(1A)The foregoing subsection shall not apply to an exhibition, demonstration or performance of hypnotism that takes place in the course of a performance of a play (within the meaning of the Theatres Act 1968) given [F3at premises in Scotland in respect of which a licence under that Act is in force.]]
(2)Any authorisation under this section may be made subject to any conditions.
(3)If a person gives any exhibition, demonstration or performance of hypnotism in contravention of this section, or in contravention of any conditions attached to an authorisation under this section, he shall be liable on summary conviction to a fine not exceeding [F9level 3 on the standard scale].
[F5(3A)A function conferred by this section on a licensing authority is, for the purposes of section 7 of the Licensing Act 2003 (exercise and delegation by licensing authority of licensing functions), to be treated as a licensing function within the meaning of that Act.]
[F6(4)In this section—
“controlling authority” means—
(a)in relation to a place in England and Wales, the licensing authority in whose area the place, or the greater or greatest part of it, is situated, and
(b)in relation to a place in Scotland, the authority having power to grant licences of the kind mentioned in section 1 in that area, and
“licensing authority” has the meaning given by the Licensing Act 2003.]]
Extent Information
E2This version of this provision extends to Scotland only; a separate version has been created for England and Wales only.
Textual Amendments
F1Words in s. 2(1) substituted (24.11.2005) by Licensing Act 2003 (c. 17), s. 201(2), Sch. 6 para. 27(a) (with ss. 2(3), 15(2), 195); S.I. 2005/3056, art. 2(2)
F3Words in s. 2(1A) substituted (24.11.2005) by Licensing Act 2003 (c. 17), s. 201(2), Sch. 6 para. 27(b) (with ss. 2(3), 15(2), 195); S.I. 2005/3056, art. 2(2)
F5S. 2(3A) inserted (24.11.2005) by Licensing Act 2003 (c. 17), s. 201(2), Sch. 6 para. 27(c) (with ss. 2(3), 15(2), 195); S.I. 2005/3056, art. 2(2)
F6S. 2(4) substituted for s. 2(4)(a)(b) (24.11.2005) by Licensing Act 2003 (c. 17), s. 201(2), Sch. 6 para. 27(d) (with ss. 2(3), 15(2), 195); S.I. 2005/3056, art. 2(2)
F7 S. 2(4) substituted (E.W.) by Local Government (Miscellaneous Provisions) Act 1982 (c. 30, SIF 81:1) , s. 1 , Sch. 2 para. 1
F8S. 2(1A) inserted by Theatres Act 1968 (c. 54), Sch. 2
F9Words substituted by virtue of (E.W.) Criminal Justice Act 1982 (c. 48, SIF 39:1), ss. 38, 46 and (S.) Criminal Procedure (Scotland) Act 1975 (c. 21, SIF 39:1) ss. 289F, 289G