Search

How can we help?

Icon

Legal Considerations Before Opening a Pop-Up Theatre

Pop-up theatres are becoming an increasing trend in the arts world, offering a flexible and cost-effective alternative to traditional venues. A wide variety of locations are now being used, from urban gardens to disused retail space. They are a great method of putting on your production without the commitment of a long team lease and with limited risk to yourself and your Landlord. However, there are several legal issues to consider before taking on your pop-up venue and we look at some of these below

To Lease or not to Lease “that is the question”

It is likely that your Landlord will require you to sign a formal lease which will regulate how you can operate in your temporary space; for example, it will control any alterations you make to the premises, outline your repairing obligations, state your rent and how this will be paid and stipulate how your agreement can be ended.

The repairing obligation is particularly important as you will not want your temporary tenancy of the venue to be used by the landlord to fund the cost of any repairs your landlord should be carrying out to their premises. You need to ensure that you will not be obliged to leave the property in a better condition than when you took up occupation so you should consider negotiating a “schedule of condition” with your Landlord. This is a photographs schedule, which will be appended to the back of your lease and evidences the condition of the property when you commence occupation.  This should be the condition in which you will be expected to leave the property when you vacate.

The attraction of pop-up theatres is their flexibility and you should ensure that your lease reflects this. You will want to include an option to break the lease after a specific period of time, so that if the venture is not proving viable you will able to end your commitment (“if it were done ‘tis done then ‘twere well if it were done quickly”) Your Landlord may also require this If the theatre is occupying premises that the landlord wants to use for another use or if the use as a theatre is adversely affecting its other premises in the area.

If the proposed lease is for longer than six months, it is also likely that your landlord will require your agreement to be contracted outside the Landlord & Tenant Act 1954. This means that when the term of your lease expires that you will not automatically be entitled to a renewal of the lease.

There are several other questions to ask your Landlord; for example, is there a Superior Landlord who sits above your current Landlord? If this is the case, their consent will most likely be required to your lease which could delay the prompt signing of the agreement. Their consent may also be required to any alterations you need to make to accommodate your theatre.

The attraction of pop-up theatres is their flexibility and you should ensure that your lease reflects this.

There may also be planning considerations if there change of use implications. Theatres fall under Sui Generis ( meaning that they do not fall within a specific Use Class) although spaces under 150 sqm may be accepted by the local council as a temporary flexible change of use so your venture is likely to need a specific consent to use as a theatre from the Local Authority.

Remember that if you want to be able to allow the audience to enjoy an alcoholic beverage during the performance (“Good wine is a good familiar creature, if it be well used well”) then it will need to have a premises licence in place before it does so. You can apply for from your local authority.

There are undoubtedly many advantages to pop-ups, which enable you to showcase your production in an innovative manner and in an exciting space, but it can be a confusing area of the law and  for this reason  it is advisable to take legal advice before embarking on your exciting venture and remember to be “be bright and jovial among your guests tonight”!

Disclaimer
This information is for guidance purposes only and should not be regarded as a substitute for taking legal advice. Please refer to the full General Notices on our website.

Author profile

About this article

Read, listen and watch our latest insights

art
  • 15 September 2025
  • Immigration

Sharp rise in Sponsor Licence Revocations – What employers need to know

The Home Office has reported a record number of sponsor licence revocations over the past year, as part of its intensified efforts to crack down on abuse of the UK’s immigration system.

art
  • 10 September 2025
  • Commercial Real Estate

Trouble at the Table: The Challenges Facing the UK Hospitality Sector in the run up to Christmas 2025

The UK hospitality sector, long celebrated for its vibrancy and resilience, is facing a perfect storm of economic, operational, and structural challenges in 2025.

art
  • 09 September 2025
  • Commercial Real Estate

Le bail commercial anglais: quelques points essentiels à considérer

Typiquement, les baux commerciaux en Angleterre sont de court terme, d’une durée de 5 ou 10 ans, avec un loyer de marché et des ajustements du loyer périodiques en fonction de l’inflation ou d’autres facteurs. 

art
  • 09 September 2025
  • Corporate and M&A

The Failure to Prevent Fraud Offence – be prepared to avoid criminal liability

The failure to prevent fraud offence is a new corporate offence which has come into force on 1 September 2025.

art
  • 08 September 2025
  • Employment

Can employers still make changes to contracts after the Employment Rights Bill?

The short answer is yes but it will be much more difficult for employers following the introduction of the Employment Rights Bill because their ability to fairly dismiss employees who do not agree contractual changes is being restricted. 

art
  • 05 September 2025
  • Privacy and Data Protection

When Ignoring a DSAR Becomes a Criminal Offence

On 3 September 2025, Mr Jason Blake appeared at Beverley Magistrates Court and was fined for failing to respond to a data subject access request (DSAR).