Introduction

Children taking part in performances is governed by different acts and regulations. This legislation applies to all children from birth until they leave school.

Performance licensing 

Children taking part in performances is governed by the Children and Young Persons Act 1963 (sections 37 and 39) and The Children (Performances and Activities) (England) Regulations 2014.

This legislation applies to all children from birth until they leave school. A licence must be obtained from the local authority where the child lives if the performance meets any one of the following criteria:

• An admission or other charge is made for the performance
• The performance is taking place on premises licensed for the sale or supply of alcohol
• The performance is being broadcast, or recorded with a view to its use in a broadcast or in a film intended for public exhibition
• The child is taking part in paid sport or paid modelling

The applicant for the licence should be the person responsible for the production of the performance (e.g. theatre show) in which the child is taking part; or the person responsible for organising, or engaging the child in, the activity (e.g. paid modelling). As the licence holder, that person will be responsible for observing the restrictions and conditions subject to which the licence is granted.

Exemptions from the licensing procedures

A child taking part in a performance to which the legislation applies may be granted an exemption from the licensing procedures if the following conditions are met:

1. By taking part the child won't have performed on more than four days in the six months leading up to and including the last date of performance for which the current application is being made (this includes performances for other organisations in the relevant period, but not school productions); AND
2. No school absence is required for the child to take part in the performance; AND
3. No payment, except for defraying expenses, is made to the child or any other person in respect of the child's participation.

Alternatively, an exemption may be granted if the performance is arranged by an organisation which has been given 'body of persons' approval by the secretary of state or the local authority in whose area the performance is taking place, subject to conditions (2) and (3) above also being met.

In order to keep a record of the children participating (who may then require a licence for future performances), and because many of the same regulations apply to performances for which a licence isn't required, we request an application in these circumstances from the person responsible for the production of the performance.

This can be done by completing a ‘Notification of Non-Licenced Performances (Exemption)’ form on the Citizen Portal.

Application for a child performance licence

You can apply for a child performance licence through the Citizen Portal. The application form should be returned at least 21 days before the start of the first performance.

The licence applicant should complete the ‘Organisation - Performance licence application form’ and then share a copy of this form with the parent so they have the full details of the performance or activity their child is taking part in. You should then prompt the parent to complete the ‘Parent - Performance licence application form’. You will need to attach a jpeg head and shoulders photograph of the child (taken within the last six months), a copy of the child's birth certificate or passport and a letter of authorised absence from the child's Headteacher if school absence is necessary to perform and risk assessment to the organisation form. 

Please note: that applications for both Shropshire Council and Telford & Wrekin Council are processed via this portal.

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 require additional information from the applicant before a licence is issued and in some cases the local authority may also revoke previously issued licences (licences which are currently running) if there are concerns about the welfare of the particular child named in the application.

Chaperone licence applications

A child who has been licensed to take part in a performance has to be supervised at all times by either their own parent (legal guardian) or a local authority approved chaperone.

Please note that grandparents, aunts and uncles, child minders, etc. are NOT legal guardians (unless they are recognised as such by the courts) and therefore need to be approved by a local authority in order to act as the child's chaperone. A parent, unless they are an approved chaperone, cannot be responsible for children other than their own.

While it is good practice for children who have been granted an exemption from the licensing procedures to be supervised by a local authority approved chaperone, this is not a requirement in law. However, the employment of any adult, if not the child's own parent, to supervise children in such circumstances should comply with the

Disclosure and Barring Service guidance on the checks that are required for adults working with children in a "regulated activity".

Those living in Telford and Wrekin or Shropshire who are interested in becoming an approved chaperone can contact the Child Employment Officer for information about the registration process.

Please note if you intend on applying to become a chaperone with Telford and Wrekin or Shropshire Council that we receive your application three months prior to the first day of the performance you intend to first chaperone for.

Applications won't be considered for people below the age of 21 years. The chaperone licence cost is £25. Please complete the ‘Application for Approval as a Chaperone for Children in Entertainment’ form on the Citizen Portal to apply.

Inspections - powers of entry

An authorised officer of the local authority or police officer may under a magistrate's warrant enter any place where there is reasonable cause to believe that employment is taking place or a person is believed to be taking part in a performance or being trained for dangerous performances contrary to the provisions of the Act and make enquiries about that person.

An authorised officer of the local authority or a police officer may also:

• Without a warrant, at any time enter any place used as a broadcasting studio or film studio or used for the recording of a performance with a view to its use in a broadcast or in a film intended for public exhibition, and make enquiries about any children taking part in performances.
• At any time during the currency of any licence granted under S.37 or relating to training for dangerous performances, enter any premises where the performance or training is authorised to take place, and make enquiries about the person to whom the licence relates.

The licence holder (applicant) must hold individual licences for each child in their care at the place of performance. An inspecting local authority officer will wish to check each child's licence together with their record sheets, which should details things such as: arrival/departure/tutoring and performing times throughout the production for which the licence was issued. Inspectors may also want to talk to the children, matrons, parents and the applicant.

Legislation

• Children and Young Persons Act 1933 and 1963
• The Children (Performance and Activities) (England) Regulations 2014

Children performing abroad

If children are to perform abroad a licence will be issued by your local Magistrates Court. For further information contact your local Magistrates Court or Bow Street Magistrates Court on 0203 1263010 x 5115.

Visit the NNCEE website for useful information about child employment and child performance.

You may also be interested in the 'Children in employment' page.