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Performance/stage licences for school age children

Information on performance and stage licences for school aid children including the application form for a child performance licence.

Broadcast Performances cover:

• Films
• TV
• Video
• all performances which will be broadcast.

Non-Broadcast Performances cover:

• Theatre
• Modelling
• Sport (activities)
• performances which are not broadcast.

Please note: Modelling for adverts/commercials would be broadcast performances. Stills modelling would fall into non-broadcast performances.

A Brief Guide to the Regulations

A Child Performance Licence must be obtained if a child, under compulsory school age, performs in either:

• Theatre - where a charge is made;
• Modelling and Sport - where the child or any other person is paid (this is not an admission charge but a "wage");
• Or in licensed premises.

Exemptions, where a licence is not required - Regulation 37(3)(a):

• If, in the 6 months preceding a performance, the child has not exceeded the 3 day unlicensed exemption period;
• And they do not require time off school (paid or unpaid);
• Or the performance is under arrangements made with school or a Body of Person;
• And no payment is made to the child or any other person, except defraying expenses.

Local Authorities will generally require a child to be licensed if absence from school is required. This is for any performance irrespective of the above exemptions. Check with your Local Authority.

Please note: Broadcast and recorded performances - if a child is exempt from requiring a licence:

• The regulations still require the licence holder to adhere to certain parts of the Regulations, i.e. the times at the place of performance and the hours the child is allowed to perform (Reg. 1968 S.36 to S.40).
• Contact your Local Authority for details.

Licensing

Variations

There are several variations within the Regulations between Broadcast and non-Broadcast performances, for example:

• Performance hours are different for broadcast and non-broadcast performances.
• Medical certificates are required for all broadcast and recorded performances but may not be necessary for non-broadcast performance. For example, it may depend upon how many consecutive dates a child performs in the theatre.

Performance

The Licence Applicant is the person responsible for the production in which the child is to take part:

• ‘Person’ includes a body corporate. If the applicant is a body corporate a person normally responsible for conducting this part of the corporation’s business may sign the application form.
• The holder of the licence is the person who is responsible for observing the restrictions and conditions subject to which the licence is granted.
• This does not include the proprietor of a drama or dancing school or other person (such as an agent) who provides children for a production, if they themselves do not present it.

Sport, Activity, Modelling

The Licence Applicant:

• is the person responsible for the organisation of the sporting event;
• or, as the case be, the person who proposes to engage the child as a model.

Completing Application

The Licence Applicant is required to complete Part I of the licence application form. The parent must complete Part II. Areas to be detailed include:

• place and date of performance
• chaperone/tutor details
• child's details
• and so forth in order to obtain a Licence.

See example of a Licence Application Form.

Please note: A Local Authority may accept application forms issued by other Local Authorities but you need to check this. It is vital that all the required information is present in order for the Local Authority to process an application.

Refusal

The Local Authority may refuse to issue a licence if the performance is believed to be detrimental to the health, care and/or education of the child (1968 Act Section 39(6)).

The Local Authority may acquire additional information from the applicant before a licence is issued. In some cases the Local Authority may include certain conditions or refuse a licence altogether.

The Local Authority may also revoke previously issued licenses (licenses which are currently running) if there are concerns about the welfare of the child named in the application.

Local Authorities have a great deal of discretion within this legislation. They have a duty to check out any areas of concern. This is in order to confirm that the performance will not have a detrimental effect on the child in question.

These concerns may not be obvious to the applicant, for example, educational concerns or child protection concerns. This is normally the reason why all Local Authorities require a reasonable length of time to process licenses. This is why they may appear to be ‘inconsistent’ in their approach to the legislation.

Please note: Licence applicants have a right of appeal (other than to a condition the Local Authority are required by the Regulations to impose) to a Magistrates Court against refusal, variation or revocation of a licence (1968 Act Section 39(6)).

Chaperones (matrons)

Children must be in the care of their parent, their legal guardian or an approved chaperone (matron) at all times.

Please note: Grandparents, uncles, child minders and the like are not legal guardians (unless they are recognised as such by the courts). Therefore, they need to be approved in order to chaperone a child. Unless parents are also licensed chaperones, they cannot chaperone children other than their own.

Children Performing Abroad and Children Performing in the UK from Abroad

UK children performing abroad are required to obtain a licence from their local Magistrates Court. Practices differ depending on which part of the country the child lives. Contact your Local Authority or Magistrates Court for details on applying for a licence for a UK child performing abroad.

Children performing in the UK from abroad are required to be licensed in the UK and follow UK legislation, for example, hours of work. The procedures are exactly the same as for a UK child.

The child can be licensed by the Local Authority in whose area:

• the applicant has his/her main residence;
• the applicant’s head office resides;
• the child is performing or living during his/her stay in this country.

This would also apply to children in UK boarding schools.

Night work

Night work is not an automatic right within the legislation. Night work is totally at the discretion of a Local Authority. They will take into account why night work is required, the age of the child and so forth.

It is vital the application form explains exactly why night work is required. It may also be necessary to talk this through with the child’s Local Authority.

Penalties

It is an offence for any person to cause, procure or allow any child to take part in any performance in contravention of the licensing system.

Legislation

• Children & Young Persons Act 1933 & 1963
• Children (Performances) Regulations 1968
• The Children (Performance) (Miscellaneous Amendments) Regulations 1998(1)
• The Children (Performance) Amendment Regulations 2000
• The Children (Performance) (Amendment) (No.2) Regulations 2000
• Statutory Instruments: 1968 No. 1728, 1998 No. 1678, 2000 No. 10, & No. 2384

Last Updated: 25 August 2009