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STATE OF SABAH
PUBLIC ENTERTAINMENTS
ORDINANCE, 1958
(Sabah No. 23 of 1958)
An Ordinance to provide for the better control of theatres and places of public amusement and theatrical performances.
[1st January, 1961.]
ENACTED BY the Governor of the Colony of North Borneo with the advice and consent of the Legislative Council as follow:
Short title and commencement.
This Ordinance may be cited as the Public Entertainments Ordinance, 1958, and shall come into operation on such date as the Governor may, by notification in the Gazette, appoint.
2. Interpretation.
In this Ordinance“cinematograph
exhibition” means any exhibition of pictures or other optical effects presented by
means of a cinematograph, a videotape-player, a record-player, a disk-player or a diskette-player,
a laser disk-player or any other similar apparatus and includes the production of any music, speech, noise or other sound whatsoever which accompanies such exhibition;
“grievous hurt” has the same meaning as in the Penal Codet;
“licensing authority”t means in respect of the area of any local authority then such local authority and in respect of any other area then any person whom the Yang di-Pertua Negeritt may, by notification in the Gazette, appoint to issue licences under this Ordinance within any specified area or district;
“place of public amusement” means any place, enclosure, building, vessel, tent, booth or other erection, covered or otherwise, whether permanent or temporary, where any public amusement is carried on and to which the public have access either free or on payment of money or on any other consideration and includes an amusement park;
“public amusement” means any game, diversion or entertainment of any kind whatsoever provided for the public in which members of the public may take part;
“theatre” means any place, enclosure, building, vessel, tent, booth or other erection, covered or otherwise, whether permanent or temporary, where a theatrical performance is performed or presented and to which the public have access either free or on payment of money or any other consideration;
“theatrical performance” means any game, diversion or entertainment of any kind whatsoever provided for the public in which members of the public may not take part and includes a cinematograph exhibition.
3. Offence to open or keep open a theatre or place of public amusement without a licence. Any person who without or otherwise than in conformity with the conditions of a licence granted under sub-section (1) of section 5 opens or keeps open any theatre or place of public amusement shall be guilty of an offence against this Ordinance.
4. Offence to carry on or assist in carrying on theatrical performance without a licence.
(1) Any person who without or otherwise than in conformity with the conditions of a licence granted under sub-section (1) of section 6 carries on or assists in carrying on any theatrical performance shall be guilty of an offence against this Ordinance.
(2) No person shall be deemed to carry on to assist in carrying on any theatrical performance within the meaning of subsection (1) by reason only of his acting or performing in such theatrical performance.
5. Licence to open a theatre or place of public amusement.
(1) The licensing authority may, on receipt of an application and on payment of the prescribed fee, grant to any person a licence to open a theatre or place of public amusement on such conditions as may be specified in the licence. Such conditions shall include—
(a) in all licences granted under this subsectionfile
(i) a condition specifying the hours during which the theatre or place of public amusement may be kept open; and
(ii) a condition that the licensee shall comply with all requirements of any written law applicable to any theatrical performance carried on, or any public amusement provided in, the theatre or place of amusement for which the licence is issued; and
(b) in any licence for a theatre or place of public amusement which is in any enclosed space or building (i
a condition relating to the maximum number of persons to be admitted at any time;
(ii) a condition relating to the arrangement of doors, exits and emergency exits;
(iii) a condition relating to the precautions to be observed in cases of fire or in sudden emergency;
(iv) a condition relating to the accommodation to be provided for the audience and the performers; and
(v) a condition relating to the ventilation and sanitation to be provided.
(2) The conditions to be inserted under the provisions of subparagraphs (ii), (iii) and (iv) of paragraph (b) of subsection (1) shall be such as the officer-in-charge of police district may require and no licence shall be issued in respect of any theatre or place of public amusement until the officer-in-charge of police district shall have certified to the licensing authority that the building complies with such conditions.
(3) The licensing authority may refuse a licence under subsection (1) in any case in which there is reason to believe that the theatre or place of public amusement in respect of which it is sought will be conducted in contravention of any of the conditions of the licence applied for or in a manner likely to lead to a breach of the peace or to cause obstruction, annoyance or injury to the residents of the locality in which the theatre or place of public amusement is situate.
6. Licence to carry on a theatrical performance.
(1) The licensing authority may, on receipt of an application and on payment of the prescribed fee grant to any person a licence to carry on a theatrical performance on such conditions as may be specified in the licence.
(2) The licensing authority shall not grant a licence under subsection (1) in respect of any theatrical performance until the officer-in-charge of police district has certified in writing that in the case of any cinematograph exhibition authority has been granted under the provisions of the Films (Censorship) Act, 1952 and that in all other cases there is no objection to the programme as declared or advertised. If the officer-in-charge of police district shall require any additional fire precautions in respect of any theatrical performance then such conditions as he requires shall be specified in the licence.
(3) The licensing authority may refuse a licence under subsection (1) in any case in which he has reason to believe that the theatrical performance in respect of which it is sought will be carried on in contravention of any of the conditions of the licence applied for or in a manner likely to lead to a breach of the peace or to cause obstruction, annoyance or injury to the residents of the locality in which it is proposed to carry on or if such theatrical performance is in the opinion of the licensing authority indecent, immoral or in any other way improper or is likely to endanger human life or to cause grievous hurt to any person.
(4) The Licensing authority shall refuse a licence in respect of any film as defined in the Films (Censorship) Act, 1952 which has not been authorised for exhibition under the provisions of that Act.
(5) Notwithstanding the provisions of any other written law, the fees paid for licences granted under this section -
(a) where the licensing authority is a local authority, shall be payable to the local authority and all of such fees shall be paid into the revenue of the local authority; and
(b) where the licensing authority is not a local authority, shall be payable to the licensing authority and all of such fees shall be paid into the general revenue of Sabah.
7. Cancellation of licence.
(1) The licensing authority may at any time cancel-
(a) any licence granted under the provisions of this Ordinance if there has been a breach of any of the conditions subject to which it was granted or any act by the licensee, as such, in contravention of any written law;
(b) any licence granted under subsection (1) of section 5-
(i) if there has been any breach of the peace, obstruction, annoyance or injury to the residents in the locality in which the theatre or place of public amusement to which the licence refers is situate, caused or brought about by the manner in which the theatre or place of public amusement was conducted; or
(ii) if in the opinion of the officer-charge of police district, in the case of any public amusement carried on in a place of public amusement to which the licence refers such public amusement is of indecent, immoral or improper nature, or is likely to endanger human life or to cause grievous hurt to any person; and
(c) any licence granted under subsection (1) of section 6 if there has been any breach of the peace, obstruction, annoyance or injury to the residents of the locality in which the theatrical performance to which the licence refers has been carried on or, if in the opinion of the officer-in-charge of police district such theatrical performance, not being a cinematograph exhibition, has been carried on in an indecent, immoral or improper manner or in a manner likely to endanger human life or to cause grievous hurt to any person.
(2) Upon the cancellation under paragraph (b) of sub-section (1) of a licence granted in respect of a place of public amusement being an amusement park, the licences of all theatres and places of public amusement situated therein shall be deemed to be cancelled.
(3) Where the licensing authority is a local authority it may delegate to the Chairman or any officer of the local authority its powers under the provisions of this section either generally or for any particular occasion.
8. Appeal.
(1) Where an application for a licence under subsection (1) of section 6 has been refused upon the grounds that the officer-in-charge of police district has refused his certificate under the provisions of subsection (2) of section 6 the applicant may appeal against such refusal -
(a) where the officer-in-charge of police district certifies that his refusal is on the grounds of public security, to the Chief Minister; or
(b) where the officer-in-charge of police district certifies that his refusal is on the grounds that the application is in relation to a cinematograph exhibition for which no authority has been granted under the Films (Censorship) Act, 1952, to the appellate authority under such Act;
(c) where the refusal is on any other grounds, to the Minister of Local Government and Housing.
(2) Where an application for a licence under subsection (1) of section 5 or subsection (1) of section 6 is refused upon any other grounds or any licence is cancelled under the provisions of section 7 the applicant or the licensee respectively may appeal against such refusal or cancellation -
(a) where the licensing authority is a local authority, to the Minister of Local Government and Housing; or
(b) where the licensing authority is not a local authority, to the Chief Minister.
(3) The decision of any appellate authority under this section shall be final.
9. Power of entry.
(1) Any police officer not below the rank of sergeant may at all reasonable times enter any theatre or place of public amusement or place where any theatrical performance is being carried on in order to see whether the provisions of this Ordinance or the conditions of any licence granted under this ordinance are being complied with.
(2) Any person preventing or obstructing the entry of any police officer under subsection (1) shall be guilty of an offence against this Ordinance.
10. Power to close any theatre, place of public amusement or to stop theatrical performance.
Any police officer not below the rank of Assistant Superintendent or any police officer not below
the rank of sergeant acting under the orders in writing of any police officer not below the rank of
Assistant Superintendent, may forthwith take any steps he may deem necessary -
(a) to close any theatre or place of public amusement which he is satisfied is kept open without, or in contravention of any conditions of, a licence under subsection (1) of section 5; or
(b) to stop any theatrical performance which he is satisfied is carried on without, or in contravention of any conditions of, a licence under subsection (1) of section 6.
11. Penalty.
Any person who commits any offence against this Ordinance or fails to comply with any of the conditions of any licence granted under this Ordinance shall be liable to a fine of five thousand ringgit.
12. Rules.
(1) The Minister of Local Government and Housing may make rules* for carrying out the purposes of this Ordinance, and in particular may by such rules provide for all or any of the following matters, that is to say -
(a) the form of licences to be granted under this Ordinance and the fees to be paid for such licences;
(b) the conduct of theatres or places of public amusement in a decent and orderly manner and for securing the decent and orderly behaviour of all persons visiting such theatres or places of public amusement;
(c) the prevention of gambling in theatres or places of public amusement;
(d) prohibiting the playing of any game or class of game or the use of any particular kind of apparatus in theatres or places of public amusement;
(e) for conforming with the requirements of any conditions of licences; and
(fl the prohibition, restriction or regulation of smoking and the advertisements of cigarettes in theatre or places of public amusement.
(2) Such rules may provide that the breach or contravention of any rule is an offence against such rule and may provide a penalty not exceeding one thousand ringgit for the commission of any such offence.
13. Saving of powers of local authority.
Nothing in this Ordinance contained shall in any way affect any power conferred upon a local authority by any written law to make by-laws for the control and supervision of theatres or places of public amusement which are not inconsistent with the provisions of this Ordinance.
14. Exemption.
(1) This Ordinance shall not apply to horse-racing or athletic meetings.
(2) The Yang di-Pertua Negeri may by notification in the Gazette exempt from all or any of the provisions of this Ordinance any public amusement or theatrical performance.
15. Repeal.
The Theatres and Places of Public Amusement Ordinance is repealed:
Provided that -
(a) the Theatres and Places of Public Amusement Rules, shall be deemed to have been validly made under the provisions of the repealed Ordinance and shall remain in force as if made under section 12 of this Ordinance; and
(b) all fees collected under Part I of such Rules since their enactment shall be deemed to have been validly collected.
