+
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
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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
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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.
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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
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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.
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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
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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.
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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:
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•
•
•
•
•
•
•
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
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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]
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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.
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