Yes, a hypnotist comedy show can be legal, but in England, Scotland and Wales a public entertainment performance involving hypnotism generally requires authorization from the local council. Comedy does not create an exemption. Organizers should confirm the council’s permit requirements and the venue’s licence before advertising or staging the show. Rules differ outside these three UK jurisdictions.
When does the law apply?
The Hypnotism Act 1952 covers an exhibition, demonstration or performance of hypnotism on a living person at or in connection with public entertainment, whether admission is paid or free. Its definition includes hypnotism, mesmerism or a similar process intended to induce trance or sleep and increase, or intend to increase, a person’s susceptibility to suggestion or direction. Self-induced hypnosis is excluded.
The Act’s central rule is that a performance may not be given unless the applicable authorization exception is met. For a comedy show, presenting the act as entertainment does not remove that requirement. The Act and official guidance identify limited exceptions for matters such as scientific demonstration or research; the Act also preserves demonstrations for treatment of mental or physical disease when they are not connected with entertainment. A comedy performance does not qualify merely because it includes educational or therapeutic claims.
Do you need a council permit or venue licence?
For England, Scotland and Wales, GOV.UK’s hypnotism permit guidance says the performer must apply to the local council for a permit for a public performance. A theatre or entertainment licence may also be required, depending on the venue and show. Ask the council and venue which authorizations apply to the specific event; local procedures and conditions are not uniform.
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- Identify the relevant authority. Contact the council responsible for the venue and ask what authorization is needed for the particular show and premises.
- Check the venue’s status. Confirm whether it holds a premises licence, club premises certificate, theatre licence or other authorization relevant to the event, and whether that covers the performance.
- Apply using the council’s current process. Fees and application requirements vary. GOV.UK says a council may ask for at least 28 days’ notice, details of the performer’s last three performances, or disclosure of previous refusals or related convictions. Confirm the applicable checklist and deadline rather than assuming these requirements apply everywhere.
- Read and follow the conditions. The permit can set conditions for the performance. Check them with the venue and ensure the production follows them.
What do local council rules look like?
These examples show why organizers should check the specific council’s rules; they are not nationwide requirements.
| Authority | Published local process | What to take from it |
|---|---|---|
| Sefton Council | Its hypnotism guidance, last updated 12 August 2024, says written council consent is required, the application must arrive at least 28 days in advance, and the premises must hold a premises licence or club premises certificate. Sefton says its process has no fee. | Do not treat Sefton’s deadline, venue requirement or no-fee process as a rule for other councils. |
| Clackmannanshire Council | Its stage hypnotism licensing page says permission is needed unless the premises has a public entertainment or theatre licence, and authorization conditions must be followed. | Whether the venue’s licence affects the route can depend on the council and premises. |
Can volunteers be under 18?
The Act’s public-entertainment provision prohibits hypnotizing someone under 18, subject to its reasonable-cause qualification concerning belief about age. The statutory text uses “eighteen” as the operative age; an older section heading referring to under-21s should not be mistaken for the current rule. GOV.UK says a permit may require the poster, advertisement or programme to state: “volunteers, who must be aged 18 or older, can refuse at any point to continue taking part in the performance”. Follow the wording and any additional requirements in the specific permit.
What about insurance, penalties and exceptions?
- Insurance: GOV.UK says public liability insurance may be needed if the venue’s insurance does not cover the performance. Check the venue’s cover and the permit conditions.
- Penalty: GOV.UK states that an unlicensed entertainment performance or breach of permit requirements could result in a fine of up to £1,000.
- Exceptions: The limited exceptions for scientific demonstration or research, and non-entertainment treatment demonstrations, should not be assumed to cover a comedy show.
Does the same rule apply outside England, Scotland and Wales?
The guidance and statute described here establish the position for England, Scotland and Wales. They do not establish the law in another country, a US state or any other jurisdiction. For an event elsewhere, check the rules with the local licensing authority before proceeding.
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