Regulation of hypnotism – Hypnotism Act 1952
At its meeting on 5th July 2010 the Licensing Committee of
Cheshire East Borough Council resolved to authorise a consultation
exercise in relation to the regulation of hypnotism under the
Hypnotism Act 1952 (‘the Act’).
Prior to the introduction of the Licensing Act 2003, local
authorities were able to authorise hypnotism performances by way of
conditions attached to public entertainment licences, however as
hypnotism is not a licensable activity under the Licensing Act
2003, permission for performances of hypnotism are now provided in
accordance with the Hypnotism Act 1952.
Section 2(1) of the Hypnotism Act 1952 provides that “no person
shall give an exhibition, demonstration or performance of hypnotism
on any living person at or in connection with an entertainment to
which the public are admitted, whether on payment or otherwise, at
any place unless – (a) the controlling authority [the Council] have
authorised that exhibition, demonstration or performance under this
section.” The Act provides that any authorisation given by the
Council may be made subject to any conditions.
The Licensing Committee has authorised a consultation exercise
in relation to a set of draft conditions (a copy of which are
available via the link below). These conditions are based on the
model provided within the Home Office Circular 39/1996 (a copy of
which is available via the link below) and are intended to strike a
balance between legitimate concerns for public safety and the
ability for hypnotists to trade. A copy of the proposed application
form in relation to authorisations for performances of hypnotism
may also be viewed below.
Any consultation responses must be provided in writing and
received by 8th October 2010. Responses may be
submitted either by e-mail to: kate.khan@cheshireeast.gov.uk or
to: Mrs K Khan, Legal Services, Cheshire East Borough Council,
Westfields, Middlewich Road, Sandbach, Cheshire CW11 1HZ.
