Part of a comprehensive analysis of the Public Entertainments Act 1958
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- PART 3
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- PART 5 (this article)
- Part 1
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- PART 3
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- PART 2
Key Provisions and Their Purpose under the Public Entertainments Act 1958
The Public Entertainments Act 1958 (the “Act”) establishes a comprehensive regulatory framework governing public entertainments in Singapore. Its key provisions are designed to ensure that public entertainments are conducted lawfully, safely, and in accordance with prescribed licensing conditions. The Act empowers relevant authorities to regulate, inspect, investigate, and enforce compliance, thereby safeguarding public order and welfare.
"The Minister may, by order in the Gazette, exempt any person or class of persons, or any public entertainment or series or class of public entertainments, from all or any of the provisions of this Act, subject to such conditions or restrictions as may be specified in the order." — Section 23
Verify Section 23 in source document →
Purpose: Section 23 grants the Minister discretionary power to exempt certain persons or types of public entertainments from the Act’s provisions. This flexibility allows the government to tailor regulatory requirements to specific circumstances, reducing unnecessary burdens on low-risk or culturally significant events while maintaining overall control.
"The Licensing Officer, a police officer or an authorised person ... may exercise all or any of the powers in this section for the purpose of ascertaining whether the conditions of any licence, the conditions of any classification under this Act or the provisions of this Act are being complied with." — Section 24(1)
Verify Section 24 in source document →
Purpose: Section 24 empowers designated officers to enter and inspect premises where public entertainments are held. This provision exists to ensure that license conditions and statutory requirements are strictly observed, thereby preventing unlawful or unsafe entertainment activities.
"The Licensing Officer may, for the purposes of investigating an offence under this Act or the contravention of any provision of this Act, in addition to exercising any of the powers in section 24, do all or any of the following: ..." — Section 25(1)
Verify Section 25 in source document →
Purpose: Section 25 confers investigative powers on Licensing Officers, enabling them to require information, documents, or assistance necessary to detect and address offences. This provision is critical for effective enforcement and deterrence of illegal public entertainment activities.
"Any person who provides or assists in providing any public entertainment— (a) without a licence issued under this Act; (b) while the licence is suspended; (c) in contravention of any condition of a licence; or (d) in contravention of this Act, shall be guilty of an offence ..." — Section 28(1)
Verify Section 28 in source document →
Purpose: Section 28 establishes offences related to unlicensed or non-compliant public entertainments, reinforcing the licensing regime. It serves as a deterrent against illegal operations and ensures that all public entertainments meet prescribed standards.
"No liability shall lie against a Licensing Officer, an Assistant Licensing Officer, a police officer, an authorised person or a member of the Public Entertainment Appeal Board for anything done or intended to be done with reasonable care and in good faith in the execution or purported execution of this Act." — Section 29
Verify Section 29 in source document →
Purpose: Section 29 protects enforcement officers and board members from personal liability when acting in good faith under the Act. This provision encourages diligent enforcement without fear of personal legal repercussions, promoting effective administration of the law.
"The Minister may make rules for any of the following purposes: (a) to prescribe the fees or charges ... (b) to prescribe the matters required or permitted to be prescribed by this Act; (c) to prescribe the hours during which public entertainment may be provided; (d) to prescribe the form and manner of, and any procedures or proceedings relating to, any appeal under this Act; (e) generally to give effect to the provisions of this Act." — Section 33(1)
Verify Section 33 in source document →
Purpose: Section 33 empowers the Minister to make subsidiary legislation to operationalise the Act’s provisions. This rule-making power ensures the Act remains adaptable and detailed procedures can be established to facilitate smooth implementation and enforcement.
Definitions and Their Significance in the Public Entertainments Act 1958
Clear definitions are essential for the effective application of any statute. The Act provides precise meanings for key terms to avoid ambiguity and ensure consistent interpretation.
"In this section, 'Minister' means— (a) in relation to section 16, 17 or 18 — the Minister charged with the responsibility for the licensing of arts entertainments; and (b) in relation to any other provision of this Act— (i) in any case — the Minister charged with the responsibility for public entertainments; and (ii) in the case of an exemption relating to an arts entertainment provided or to be provided, solely or in combination with one or more forms of arts entertainment only, in any place other than a specified establishment — the Minister charged with the responsibility for the licensing of arts entertainments." — Section 23(2)
Purpose: This definition clarifies which Minister holds authority over different aspects of public entertainment licensing, ensuring administrative clarity and proper delegation of responsibilities.
"'business address' means— (a) in the case of an individual, the individual’s usual or last known place of business in Singapore; and (b) in the case of a partnership (other than a limited liability partnership), the partnership’s principal or last known place of business in Singapore; 'email address' means the last email address given by the addressee concerned as the email address for the service of documents under this Act; 'residential address' means an individual’s usual or last known place of residence in Singapore." — Section 30(8)
Purpose: These definitions standardise the addresses used for service of documents, facilitating effective communication and legal notice processes under the Act.
"‘arts entertainment’ means any of, or any combination of, the following: (a) any play, opera, pantomime, puppet show or tableaux; (b) any display of set pieces, commemorative decorations or representations of real or mythical creatures; (c) any exhibition of models, reading matter, pictures, photographs or of statuary or other forms of representation of human or animal figures; (d) any display or exhibition of other still objects or art generally; (e) any play-reading, poetry-reading or recital; (f) any variety act or performance of music, singing or dancing; (g) any display or exhibition using real time transmission of the performance, display or exhibition happening elsewhere ... in any place to which the public or any class of the public has access whether gratuitously or otherwise;" — First Schedule
Verify source in source document →
Purpose: This comprehensive definition delineates the scope of arts entertainment subject to licensing, ensuring that a wide range of cultural and artistic performances are regulated appropriately.
"'public entertainment' includes (a) any performance of gymnastics, acrobatics or legerdemain, demonstration, display or parade; (b) any circus or any exhibition of animals; (c) any amusement centre; (d) any computer games centre; (e) any exhibition of film, or any peep show; (f) any reproduction or transmission otherwise than in association with a film, by any means other than telephony or radio telephony, of any music, song or speech; (g) any machine or device by the manipulation of which chances are given of obtaining prizes in money or kind; (h) any pin-table; (j) any organised competition at games of skill or chance; (k) any arts entertainment; or (l) any combination of any of the above forms of public entertainment, in any place to which the public or any class of the public has access whether gratuitously or otherwise." — First Schedule
Verify source in source document →
Purpose: This broad definition captures the diverse forms of public entertainment regulated under the Act, ensuring that all relevant activities fall within the licensing regime to protect public interest.
Penalties for Non-Compliance under the Public Entertainments Act 1958
The Act imposes stringent penalties to deter unlawful conduct and ensure compliance with licensing requirements. These penalties vary depending on the nature and severity of the offence.
"Any person who provides or assists in providing any public entertainment— (a) without a licence issued under this Act; (b) while the licence is suspended; (c) in contravention of any condition of a licence; or (d) in contravention of this Act, shall be guilty of an offence and shall be liable on conviction— (e) in the case of an offence under paragraph (a) or (b), to a fine not exceeding $20,000; and (f) in the case of an offence under paragraph (c) or (d), to a fine not exceeding $10,000." — Section 28(1)
Verify Section 28 in source document →
Purpose: These penalties serve as a strong deterrent against unlicensed or non-compliant public entertainments, protecting public safety and order by ensuring that only authorised and properly regulated events are conducted.
"Any person who, without reasonable excuse, refuses or fails— (a) to provide any information, or produce any document or article, required of the person by the Licensing Officer under subsection (1); or (b) to comply with any notice issued to the person under subsection (1)(c), shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $5,000." — Section 25(7)
Verify Section 25 in source document →
Purpose: This provision penalises obstruction of investigations, ensuring that Licensing Officers can effectively gather necessary information to enforce the Act.
"Any person who, being required to make any statement or provide any information or document under this Act— (a) makes any statement or provides any information or document which is false or misleading in a material particular; and (b) knows or ought reasonably to know that, or is reckless as to whether, it is false or misleading in a material particular, shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $5,000." — Section 28(3)
Verify Section 28 in source document →
Purpose: This provision targets dishonesty and attempts to mislead enforcement authorities, thereby maintaining the integrity of the regulatory process.
Cross-References to Other Legislation
The Act explicitly acknowledges and preserves the powers of other legislation, particularly the Criminal Procedure Code 2010, to ensure coherent and non-duplicative enforcement.
"Nothing in this section or section 25, 26 or 27 derogates from the powers of a police officer under the Criminal Procedure Code 2010." — Section 24(6)
Verify Section 24 in source document →
Purpose: This clause clarifies that the Act’s provisions do not limit police powers under the Criminal Procedure Code, ensuring that police officers retain their full investigative and enforcement authority.
"Any document or article retained under section 25(6)— (a) where the document or article is produced in any criminal trial — must be dealt with in accordance with section 364 of the Criminal Procedure Code 2010; or (b) in any other case — must be returned to the owner or, if the owner is not known, reported to a Magistrate." — Section 26(1)
Verify Section 26 in source document →
Purpose: This provision aligns the handling of seized evidence with established criminal procedure, ensuring proper chain of custody and legal compliance.
"Every person so arrested must be taken to a police station and after that be dealt with as if the person had been arrested under section 65 of the Criminal Procedure Code 2010." — Section 27(2)
Verify Section 27 in source document →
Purpose: This ensures that the treatment of arrested persons under the Act conforms to the procedural safeguards and standards set out in the Criminal Procedure Code, protecting individual rights.
Conclusion
The Public Entertainments Act 1958 provides a robust legal framework to regulate public entertainments in Singapore. Its key provisions empower authorities to license, inspect, investigate, and enforce compliance, while its definitions ensure clarity and scope. The penalties prescribed serve as effective deterrents against unlawful conduct. Furthermore, the Act’s cross-references to the Criminal Procedure Code 2010 ensure harmonious operation with broader criminal law enforcement mechanisms. Together, these provisions uphold public safety, order, and cultural vibrancy through responsible regulation of public entertainments.
Sections Covered in This Analysis
- Section 23 – Exemption by Minister
- Section 24 – Powers of Entry and Inspection
- Section 25 – Powers of Investigation
- Section 26 – Disposal and Forfeiture of Documents
- Section 27 – Powers of Arrest
- Section 28 – General Offences
- Section 29 – Protection from Personal Liability
- Section 30 – Service of Documents and Definitions
- Section 31 – Composition of Offences
- Section 32 – Onus of Proof
- Section 33 – Rules Making
- First Schedule – Definitions of Arts Entertainment and Public Entertainment
Source Documents
For the authoritative text, consult SSO.