CHILD PERFORMANCE LICENCE -
FOR INFORMATION. LEGAL REQUIREMENT. TLMS/TLYMT CAN ONLY ADVISE. WE HAVE A LEGAL RESPONSIBILITY TO COMPLY AND APPLY PER SHOW ON BEHALF OF EACH CHILD FOR A BODY OF PERSONS LICENCE. ALL SOCIETIES ARE GOVERNED BY THIS LEGISLATION.
AS PARENTS IT IS YOUR RESPONSIBILTY TO ENSURE THAT YOU COMPLY WITH THE REGULATIONS, ARE AWARE OF THE GUIDELINES.
The licensing system for performance applies to all children and young people under school leaving age. In Scotland, children can leave school on 31 May if their 16th birthday falls between 1 March and 30 September of that year. Those who turn 16 between 1 October and the last day of February can leave at the start of the Christmas holidays of that particular school year.
Although the licensing system does not provide for children who are over the school leaving age but who are under 18 years, those responsible for organising performances and other activities should be mindful that these young people continue to have rights under the UNCRC. Similarly, under provisions in the Children and Young People (Scotland) Act 2014, a Named Person will continue to support their wellbeing until they are 18 years.
Subject to the exceptions listed in paragraph 2.5 below, under section 37 of the 1963 Act, a licence must be obtained before a child or young person can take part in the following performances and activities within Scotland, England or Wales:
All performances for which a charge is made, whether for admission or otherwise
All performances held in licensed premises, for example in a hotel, pub or theatre
A licence is not required where, in the 6 months preceding the performance, the child has not taken part in other licensable performances on more than 3 days. Once a child has performed on more than 4 days in a 6 month period then a licence is required for any further performances (known as the “4 day rule”) THESE PERFORMANCE INCLUDE SCHOOL SHOWS, DANCE SHOWS, EXHIBITION PERFORMANCES, MODEELING CONTRACTS, MUSICAL THEATRE OR DRAMA PERFORMANCES (THIS LIST IS NOT EXHAUSTIVE). DO NOT EXCLUDE PERFORMANCES HELD WITHIN AN EDUCATIONAL ESTABLISHMENT IF A PAYMENT IS TAKEN TO WATCH BY MEMBERS OF FAMILY OR PUBLIC
TLYMT must seek a Body of Person licence for every Performance and any person who causes or procures any child to do anything in contravention of the licensing requirement commits an offence and may be subject to a fine, imprisonment or both. (sections 37(1) and 40 of the 1963 Act).
Number of Performing Days
6.1. Other than in exceptional circumstances, a licensing authority must not grant a licence in respect of a performance by a child if, during the preceding 12 months (rolling), the child will have taken part in other performances on more than 80 days. This total includes any performances delivered under the “four day rule”. (regulation 10(1)