Public Entertainments Ordinance 1958

Any person who without or otherwise than in conformity with the conditions of a licence granted under subsection (1) of section 6 carries on or assists in carrying on any theatrical performance shall be guilty of an offence against this Ordinance.

No person shall be deemed to carry on or 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.

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Licence to open a theatre or place of public amusement.

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—

The conditions to be inserted under the provisions of paragraph (a) of

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subsection (1) shall be such that the officer-in-charge of police district may require and the conditions to inserted under the provisions of paragraph (b) of subsection (1) shall be such as the local authority and any other relevant authority shall have certified to the licensing authority that the building complies with such subsection.

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.

Licence to carry on a theatrical performance.

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.

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, l952 * [Act 35.] 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.

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.

* ―Films (Censorship) Act 1952‖ substituted for ―Cinematograph Films (Censorship) Act 1952‖ by virtue of Act

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The licensing authority shall refuse a licence in respect of any film as defined in the Films (Censorship) Act, 1952* [Act 35.] which has not been authorised for exhibition under the provisions of that Act.

Notwithstanding the provisions of any other written law, the fees paid for licences granted under this section –

The licensing authority may at any time cancel-

Upon the cancellation under paragraph (b) of subsection (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.

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.

Service of notice of revocation of a licence shall be effected by-

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

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under the provisions of subsection (2) of section 6 the applicant may appeal against such refusal –

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 –

Any appeal made under section 5 and section 6 of this Ordinance shall be made within thirty (30) days of the decision by stating the reason or grounds of appeal and every notice of appeal shall be accompanied with an appeal fee of Ringgit Malaysia fifty only.

There shall be no appeal on any compound imposed under this Ordinance.

The decision of any appellate authority under this section shall be final.

* ―Films (Censorship) Act 1952‖ substituted for ―Cinematograph Films (Censorship) Act 1952‖ by virtue of Act

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Power of entry.

Any police officer not below the rank of sergeant or Licensing Authority or any authorised officer 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.

Any person preventing or obstructing the entry of any police officer under subsection (1) shall be guilty of an offence against this Ordinance.

Power to close any theatre, place of public amusement or to stop theatrical performance.

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

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.

Power to prosecute.

All items, tools, instruments, machineries, equipments or other things whatsoever liable to seizure under this Ordinance shall be liable to forfeiture.

Power of entry and investigation.

any person reasonably suspected to have committed an offence against this Ordinance or any rules made thereunder; or

any person who refuses to give his name, identity card number and address when requested or if there is reason to doubt the accuracy of the name and address given.

Any person arrested under this section shall be taken to a police station within twenty-four hours and a report made thereof.

Search list.

The licensing authority or any authorised officer shall request the person from whom the things or documents were seized to acknowledge the search list. If any person refused to acknowledge the search list, the licensing authority or any authorised officer shall make comments on the search list of such refusal.

Court to order release or forfeiture of things seized.

All things forfeited shall be delivered to the licensing authority or the police as the case may be, and shall be disposed of in accordance with the directions of the licensing

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authority or the police officer

Things seized in respect of which there is no prosecution deemed to be forfeited if not claimed within one month.

If there be no prosecution with regard to any thing seized under this Ordinance, such things shall be taken and deemed to be forfeited at the expiration of one calendar month from the date of seizure unless a claim thereto is made before that date in the manner hereinafter set forth.

Any person asserting that he is the owner of any thing seized under this

Ordinance and that it is not liable to forfeiture shall, either personally or by his agent authorized in writing, give written notice to the licensing authority or any authorised officer that he claims the same.

On receipt of a notice under subsection (2), the licensing authority may direct that such things be released on bond and that the manner be referred to a Court.

The Court shall issue a summons requiring the person asserting that he is the owner of the things seized from whom they were seized to appear before him and upon their appearance or default to appear, after due service of the summons being proved, the Court shall proceed to examine the claim and on proof that an offence against this Ordinance or any rules made thereunder has been committed and that such things were the subject matter of or were used in the commission of such offence, shall order the same to be forfeited or, in the absence of such proof, shall order its release.

Obstruction.

Any payment of the compound shall be made to the licensing authority within seven days of the receipt of the compound notice. Upon receipt of the payment under subsection (1), no further proceeding shall be taken against such person in respect of such offence and any thing seized in connection with the offence shall be deemed to be forfeited.

Any monies paid to the licensing authority pursuant to this section shall be paid into and form part of the fund constituted under any law relating to local authority and if the compound is made by the police under this section, such monies shall be paid into and form part of the Federal Consolidated Fund.

General penalty.

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 –

 Theatres and places of Public Amusement Rules (G.N.S. 176/1949 as amended by G.N.S. 200/1960) at page 664 of Volume V at the 1953 Revised Edition. Public Entertainment (Prohibition on Smoking and

Cigarettes Advertisement) Rules 1973.

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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 Ringgit Malaysia fifty thousand or a term of imprisonment not exceeding one year or to both fine and imprisonment for the commission of any such offence.

Saving of powers of local authority.

This Ordinance shall not apply to horse-racing or athletic meetings.

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.

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Repeal.

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

all fees collected under Part I of such Rules since their enactment shall be deemed to have been validly collected.