+ Children In Entertainment A guide for Parents / Proprietors Date of issue: May 2010 GUIDANCE ON PERFORMANCE/STAGE LICENCES FOR CHILD PERFORMERS................................................................................................4 INTRODUCTION .............................................................................................4 THE LEGAL FRAMEWORK............................................................................4 WHY DOES MY CHILD NEED A PERFORMANCE LICENCE?.....................4 WHAT KIND OF PERFORMANCES REQUIRE A LICENCE? .......................5 WHAT KIND OF PERFORMANCES DO NOT NEED A LICENCE?...............5 DANCE SCHOOLS .........................................................................................5 SCHOOL PERFORMANCES ..........................................................................5 MODELLING ...................................................................................................6 MAXIMUM NUMBER OF DAYS THAT A CHILD IS PERMITTED TO PERFORM/ REHEARSE .................................................................................7 NIGHT WORKING ...........................................................................................7 PERMITTED HOURS/ DURATION OF PERFORMANCE ..............................8 NON-BROADCAST PERFORMANCE TABLE ...............................................9 MEDICAL REQUIREMENTS...........................................................................9 CHAPERONES..............................................................................................10 CAN I TAKE MY OWN CHILD TO A MODELLING ASSIGNMENT? ...........10 TRAVEL ARRANGEMENTS .........................................................................10 WHEN TO APPLY FOR A LICENCE ............................................................10 HOW TO APPLY FOR A LICENCE ..............................................................10 WHAT HAPPENS NEXT? .............................................................................11 CAN THE LA REFUSE OR WITHDRAW A LICENCE?................................11 2 IS THERE A RIGHT OF APPEAL? ...............................................................12 RECORD KEEPING RESPONSIBILITIES OF THE LICENCE HOLDER .....12 A GUIDE TO WHEN A LICENCE IS REQUIRED..........................................13 3 Guidance on performance/stage licences for child performers Introduction This guidance offers general information on the licensing and welfare requirements of children who take part in performances and/or modelling in the UK. Before a child can take part in these activities it is the local authority’s duty to ensure:• that the child’s education will not suffer; • that his or her health will not suffer; • that the place of performance/rehearsal is satisfactory; and that • the conditions of the licence will be observed. The local authority will refuse a licence if it is not satisfied the above will be met. In Leicestershire the School Admissions & Pupil Services is responsible for licensing children who live in Leicestershire and who wish to or currently participate in a wide range of entertainments. If you need more information after reading this booklet, please contact the School Admissions & Pupil Services on (0116) 305 5755. Should a licence be required for work abroad, an application will need to be made to the magistrates’ court. The Legal Framework Generally all children who take part in: • performances including stage plays and television productions, films and commercials; • paid or professional sport; • modelling and child photography; are required to be licensed by the local education authority of the area in which they live. The local authority must be satisfied that arrangements for the supervision and protection of the child are adequate and that the disruption to the child’s education is kept to a minimum. The welfare and safety of child performers including licensing arrangements is specifically provided for in the following legislation: • • • The Children And Young Persons Acts 1933 and 1963 The Children (Performance) Regulations 1968 (as amended) The Children (Protection at Work) Regulations 1998 Why does my child need a performance licence? It is a legal requirement for the proprietor of a performance to ensure that child performers are licensed. Not every child will need a licence to perform, as noted below, but the law applies to all children from birth until completion of compulsory education (last Friday in June of 4 the academic year in which the child attains the age of 16) taking part in a qualifying performance. If a child is not covered by a licence they may be working illegally and not covered by the production company’s insurance. The proprietor and the parent or guardian of the child may also be committing an offence. What kind of performances require a licence? Any performance: • in connection with which a charge is made; • at a licensed premises or a registered club; • any performance broadcast to the public; • any performance recorded by whatever means with a view to its use in a broadcast, or film intended for public exhibition. What kind of performances do not need a licence? Exceptions: • No payment is made to the child, or their parent/guardian other than to defray expenses and they have not taken part in performances in the previous six months on more than 3 days. • The child does not perform on more than four days in any period of six months (providing that there is no absence from school). • A performance put on by a body of persons approved by the Secretary of State or local authority for example, an amateur dramatics or youth group. • Where the child takes part in a performance arranged by their full-time school (excluding a school of dance) • Any activity that the local authority does not consider is a performance for example, filming a child involved in ordinary activities, e.g., school lessons and the activity is not directed such that it might be considered a performance. Please note that even when a licence is not required the licence holder may still be subject to certain of the Regulations for example, time and hours of performance and the School Admissions & Pupil Services will still require notification of the performance from the proprietor. No child should be absent from school for a performance without a valid licence regardless of whether the performance may be otherwise exempt. Dance schools All children who attend dance schools and who take part in a performance need a licence. School performances Schools (but not dance schools) do not need to have licences, except where the child may be involved in commercial work outside normal school activities. 5 Modelling All children who work as models need a licence. Leicestershire County Council issue six month open licences for modelling work. (Details of each separate assignment must be notified, by the proprietor, to the Leicestershire County Council with reasonable notice.) Whether your child will need a licence is explained in more detail below: Items marked with * may still need to be notified to the local authority. Paid/ Unpaid Work Paid Type of Work Length of Performance Medical Required? Licence Required? TV or Filming Absence from School? Yes Any period of time Yes Paid TV or Filming No Any period of time Paid Yes Any period of time Yes No Any period of time No Yes Unpaid Stage Performance, sporting activity, or modelling Stage Performance, sporting activity, or modelling TV or Filming Yes – unless one provided within previous 6 months Yes – unless one provided within previous 6 months No Yes Any period of time Yes Unpaid TV or Filming No No* Unpaid Yes No Yes No No* Unpaid Stage Performance, sporting activity, or modelling Stage Performance, sporting activity, or modelling TV or Filming Yes Any period of time up to and including 4 days (and not performed within the previous 6 months) Any period of time up to and including 4 days (and not performed within the previous 6 months) Any period of time up to and including 4 days (and not performed within the previous 6 months) 5 days or more Yes – unless one provided within previous 6 months No Yes Unpaid TV or Filming No 5 days or more Yes – unless one provided within previous 6 months Yes – unless one provided within previous 6 months Paid Unpaid No Yes Yes 6 Unpaid Stage Performance, sporting activity, or modelling Stage Performance, sporting activity, or modelling Unpaid Yes 5 days or more Possibly Yes No 5 days or more Possibly Yes Maximum number of days that a child is permitted to perform/ rehearse The legislation sets out the number of hours a child is permitted to perform dependent on whether the performance is broadcast or non-broadcast. More detail is set out in the tables below but in general: • • • • • A child must not perform for the maximum permitted days in a week for longer than eight consecutive weeks without a two week interval A child is not permitted to take part in more than two performances or rehearsals per day A child may not take part in a performance, or rehearsal, on more than five days in any seven day period for broadcast or recorded performances. A child may not take part in a performance, or rehearsal, on more than six days in any seven day period for other performances (e.g., stage performances. For a combination of broadcast/recorded and other performances, the limit for a child’s performance is as per broadcast and recorded performances: no more than five days in any seven day period. Night Working The permitted hours of performance for film television and broadcast performances do not normally permit the child to take part outside the permitted hours or after midnight and before the permitted starting time, however permission may be given if the local authority is satisfied that it is absolutely essential. Where permission is given there must be an interval of at least 16 hours before the child takes part in further performances and in the even of a child working on two consecutive nights there be an interval of at least seven days before any further night working. 7 Permitted hours/ duration of performance BROADCAST PERFORMANCES TOPIC Maximum time at place of Performance Maximum times present Maximum Performing time Maximum continuous time to take part without a rest Minimum rest/meal times Education AGE 0–4 AGE 5–8 AGE 9 & OVER 5 hours 7.5 hours 9.5 hours Between 9.30am & 4.30pm Between 9.00am & 4.30pm Between 7.00am & 7.00pm 2 hours 3 hours 4 hours 30 minutes 45 minutes 1 hour Present 3.5 hours = 2 breaks 1 hour meal break & 15 minutes rest Present 8 hours = 3 breaks 2 x1 hour meal and 15 minutes rest Present 4 hours = 2 breaks 1 hour meal & 15 minutes rest Present 8 hours = 3 breaks 2 x 1 hour meal & 15 minutes rest 3 hours school per day 3 hours school per day Any time during which the child is not taking part in a performance or rehearsal must be used for meals, rest and recreation NIL Exception BBC/ITV and a Programme Contractor For children aged 9 and over only (Reg 27(2) (a)) Maximum time 7 day week 12 hours any 1 day OR 10 hours any 2 days or 9.5 hours any 3 days provided not present on any other day that week and not present after 7pm on maximum 20 days in previous 12 months Times between 7am and 7pm OR between 10am and 10pm Alternative to above exceptions (Reg 27 (2) (b) Maximum time 7 day week 12 hours any 1 day provided not present more than 4 hours on any other day that week and: does not take part for more than 2 hours any other day that week and; does not take part on day following a day on which he was present after 7pm and: has not been present after 7pm or any of the previous 6 days Times between 7am and 7pm OR between 10am and 10pm 8 NON-BROADCAST PERFORMANCE TABLE 2 per day Performances Performances per Week Time Gap between performance days Performance Time Appearance in Performance Intervals Exception to Intervals (in any week) School Day Performance Hours Earliest arrival Latest Departure Exception (1) Exception (2) Medical (1) (Medical examination required) Medical (2) (Medical Questionnaire required) Arrangements for getting home • • • 1 Performance & 1 rehearsal OR 2 performances Maximum 6 days per 7 Maximum 8 consecutive weeks requires 2 week day week interval before performing again in ANY production 14 hours must elapse between the end of the previous day’s performance and the beginning of the following day’s performance Maximum 3 hours 30 Including breaks minutes Maximum 2 hours 30 Aggregated minutes 1.5 hours minimum Between 2 performances OR 1 performance & 1 rehearsal On not more than 2 days minimum of 45 minutes interval between performances and/or rehearsals. Maximum 6 hours at a place of performance Attending school in the 1 performance OR 1 rehearsal only morning Age 12 and under Age 13 and over 10.00am 10.00am 10.00pm 10.30pm 10.30pm 11.00pm Not later than 11.00pm on not more than 3 evenings per week, provided that he is not so present on more than 8 evenings in a period of 4 consecutive weeks. YES (period longer than Performing over 6 consecutive days 1 week) NO (period less than 1 Performing under 6 consecutive days week) Applicant shall ensure that suitable arrangements (having regard to the child’s age) are made for the child to get to his home or other destination after the last performance or rehearsal or the conclusion of any activity on any day. A child must not take part in a performance that lasts more than three and a half hours including breaks. A child’s part or total appearances must not exceed two and a half hours per performance. A child must only appear in one performance or rehearsal on any day that they attend school for the whole day. Medical requirements In order to ensure that a child is medically fit to take part in a performance the local authority requires provision of a medical certificate from their doctor or GP where the child is taking part in: • • • Film or television performances. performances lasting more than a week in which your child is expected to perform for six days during that week (five days for sound broadcast); and every month for performance ‘runs’ lasting more than four weeks. 9 Where the child is taking part in modelling, photography and sport a parental declaration as to the child’s fitness to participate may be required. Chaperones The Children (Performances) Regulations 1968 (as amended) state that in certain circumstances, children taking part in entertainment MUST be supervised by a matron more commonly known as a chaperone (reg. 12.1). The licence holder will be the employer of and responsible for the chaperone. Further information on the role of the chaperone/matron and how to become a chaperone/matron for Leicestershire County Council is available by reference to “Information For Chaperones”, or by contacting the School Admissions & Pupil Services on 0116 305 5755. Can I take my own child to a modelling assignment? YES - Many parents prefer to chaperone their own child. Persons who are not the legal guardians/parents of the child such as grandparents will need approval as a chaperone. Where a parent prefers to chaperone their own child they must stay with their child at all times. Travel arrangements • • • The licence holder has a duty of care and must ensure that suitable arrangements are made for the children to be returned home, or to another agreed destination, after the last performance or rehearsal on each day. (This would be the delegated duty of the chaperone on behalf of the proprietor) A child’s age should be taken into account when making these arrangements and they must be suitable for the age of the child. Chaperones must be kept fully advised of all arrangements made for children in their care. When to apply for a Licence The licence must be obtained before the performance takes place. Proprietors should submit any application to the local authority 21 days prior to the first performance/rehearsal. The School Admissions & Pupil Services cannot guarantee that a license will be issued if an application is submitted less than 21 days prior to the first performance/rehearsal. How to apply for a licence The application form may be obtained from the School Admissions & Pupil Services and must be made by the Proprietor; this is the person responsible for the performance in which the child is taking part. On behalf of the local authority the School Admissions & Pupil Services will require: 10 • • • • • • • A fully completed application form; o Part One must be completed by the proprietor and include details about the performance including location and dates of performance/rehearsal; o Part Two must be completed by the parent or legal guardian of the child; o Part Three must be completed by the child’s Head teacher if school absence is required. A copy of the contract or draft contract or other documentation setting out the details of the child’s participation in the performance including arrangements for education and welfare. A passport size photograph. A copy of the child’s birth certificate, or other satisfactory evidence of the child’s age. A current medical certificate confirming the child’s fitness to take part in the performance, if required. A letter from the Head teacher of the child’s school saying that he/she has no objections to the proposed dates which were submitted on the licence. Where applicable a declaration under Section 38(1) of the Children and Young Persons Act 1963 stating that the part may only be played by a child. What happens next? Once the licence application will be submitted to the local authority, and if approved, a licence will be issued to the applicant for the period of the performance. The local authority may attach conditions to the licence. The local authority will retain a duplicate copy of the licence for 2 years after the performance. From time to time the local authority may make random visits to ensure that the applicant adheres to the conditions of the licence. Where the local authority establishes that the proprietor has failed in their duty it may mean that the performance has to close and that the licence is revoked. Where the application is for modelling the local authority will issue what is referred to as an open licence for a period of six months. (Details of each separate assignment must be notified, by the proprietor, to the Leicestershire County Council with reasonable notice.) When approved the licence will be sent to the proprietor of the performance and a copy will be sent to the local authority of where the performance is taking place. Can the LA refuse or withdraw a licence? The Access and Welfare team works closely with producers, parents and schools so that children can maximise their opportunities. However the child’s education, health and welfare are of paramount importance and the local authority will not issue, and may revoke, a licence if it is not satisfied that: • the child is fit to take part in the performance • taking part in the performance will not have a detrimental effect on the child’s education; • appropriate steps have been taken to ensure the child’s health, protection and 11 welfare at all times. The local authority may also attach conditions to the licence should it see fit. Is there a right of Appeal? Licence Applicants may appeal to the Magistrates’ Court against refusal, variation or revocation of a licence but not against a condition required by the regulations. Record keeping responsibilities of the Licence Holder In addition to compliance with the licensing requirements, licence holders are also required to keep and produce to the local authority on request the following: 1. 2. 3. 4. 5. 6. 7. 8. the Licence For each day on which the child is present at the place of performance: a. the date, b. the times of arrival at and departure from the place of performance, c. the times of each performance or rehearsal in which the child has taken part, d. the times of rest and meal intervals, e. the times of any authorised night working, Details of any arrangements made for the child’s education details of any injuries/ illnesses suffered by the child at the place of performance including details of the child’s absences from the place of performance as a result Dates of any medical examination required by the Children (Performances) Regulations 1968 Dates of breaks in performances Details of the child’s earnings and the persons to whom payments were made details of matrons/chaperones including registration details These records should be available for inspection at the location of the performance and for a 6 month period following the last performance. This is not an exclusive list and the local authority may request information to satisfy itself that the welfare, health, education and safety of the child perform is being met. Should you have any questions that were not covered in this leaflet you can either:- Phone the School Admissions & Pupil Services (0116) 305 5755 Mrs Louise Chettleburgh Mr. Alan Forman (0116) 305 6597 (0116) 305 6587 Or visit the website www.leics.gov.uk/school_admissions_and_pupil_services Or email [email protected] 12 A Guide To When A Licence Is Required YES Q. Is the child missing time off school? Licence required NO Q. Is the child being paid? YES Licence required NO Q. Is the child taking part in a performance which is to be broadcast? (includes TV, filming, modelling) NO YES Q. Is the child being directed, paid or missing time off school? YES Licence required Q. Will the total number of days on which the child has taken part in performances (including this performance) in the previous 6 months be 5 days or more? YES NO No licence required however please fill application form. Licence required NO No licence required however please complete an application form. 13 14
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