In 1840, Lane and his colleagues thought they had identified a loophole whereby performances could be offered without charge, with profits made from the sale of programmes, food and drink. The Britannia Tavern in Hoxton was identified as suitable premises. This was the former "Pimlico" tea gardens, an Elizabethan tavern and had a large hall attached, holding about 1,000 people. The "Royal Britannia Saloon and Brittania Tavern" was opened on Easter Monday 1841 by Sam Lane. The theatre was a success. Sadly, private life was more difficult, Mary became pregnant, and slipped and fell at a rehearsal, both she and the baby died. By 1858 having purchased the leases of surrounding properties, the theatre was rebuilt in larger form, with 3,000 seats. This building designed by Finch Hill, consisting of two circles, a pit and a gallery and had a reported record attendance of 4,790.