Southeastern Gazette, 8 March 1853.

Friday. (Before J. Whichcord, W. Hills, and T. Hyde, Esqrs.)

The newly elected auditors and assessors were sworn into office.

John Smithy landlord of the "Spencer’s Arms" beer-shop, Sandling-road, appeared to answer to an information laid against him for having permitted the play of "Othello," to be performed for hire in a place not duly licensed for such a performance.

Mr. Monckton said the information against the defendant had been laid by the authorities of the town under the 68 sec. of the 6th and 7th Victoria, which Act repealed all the Acts which had previously been passed, and which was for the better regulation and management of theatres, and granting licenses under proper restrictions, in order that such performances might be under the surveillance of the authorities of the town, and that proper order and decorum should be preserved. Mr. Monckton then called the attention of the magistrates to the various clauses in the Act, and stated that the defendant was the landlord of the "Spencer’s Arms" beer-shop, near the barracks, and for some time past, in a building behind the house, various plays had been performed, for which a certain charge was made, viz. for reserved seats, 6d.; pit, 4d.; gallery, 2d. It was, however, his duty to say that although the performances were almost nightly attended by great numbers, sometimes as many as 200 persons being present, of both sexes, the majority of whom were under 20 years of age, he was not aware of any impropriety or indecent conduct, which, if the building was duly licensed, would have been complained of; but the authorities felt that if this performance was allowed to continue, other persons would follow their example, strolling players would come in, and the town would be inundated by such exhibitions. The information had therefore been laid, not so much with a view to punishing the performers, as to let the public know that no performances of the kind would be allowed without being under the restrictions specified by the Act of Parliament.

Mr. Monckton then called Mr. J. W. S. Norton, who deposed that on the previous Friday night he went to the "Spencer’s Arms" to witness the performance of “Othello." While going through the house into the building, he was accosted by a young man, who said, "You must pay here." He procured a box ticket, which was afterwards taken by another person, and he took a seat which was pointed out to him. The building was fitted up as a theatre, with boxes, pit, and gallery, and a stage. There were about 200 persons present, principally boys and girls and persons under 20 years of age. The greatest decorum was used throughout, and there was no noise or indecent conduct whatever. Believed the play to have been curtailed. The parts of Emilia and Desdemona were performed by some "ladies" [a laugh]. The premises were part of those occupied by Mr. Smith.

The defendant said he was quite ignorant that he had committed a breach of the law. He had been brought up in the country, and had never been into a theatre. He had let the premises to Mr. Powell and his company, and did not take any of the proceeds, but merely supplied the beer. He called Mr. Powell, as a witness on his behalf, who deposed to himself and company hiring the premises of Mr. Smith, for the hire of which, however, he paid nothing, in consideration of Mr. Smith supplying the beer. The magistrates said the charge had clearly been proved, and the authorities had acted very properly in preventing the spreading of such performances, which would have a great tendency to demoralise the younger inhabitants of the town. However, as the performances had been hitherto so well conducted they should not impose the full penally, which was £10 for each performance, but defendant must bear in mind that if the performances were continued he would not be dealt with so leniently. The fine in the present instance was 20s. Defendant paid the money.