Child Performance Licences

Children involved in entertainment (whether professional or amateur) may require a performance licence.  Regulated under the Children Young Person Act 1933/63 and the Children (Performances and Activities) (Wales) Regulations 2015. 

Children involved in entertainment, such as: TV, film, theatre, modelling, dance shows, pantos, amateur dramatics, music groups and paid sport (whether professional or amateur) may require a performance licence and a licenced chaperone.

The purpose of these requirements is to ensure that the ‘work’ is not detrimental to the child’s welfare and education.  Child licences are FREE and are all obtained through the Local Authority where the child resides. 

For all children from birth up to the end of their compulsory education. (This is defined as the last Friday in June in the academic year in which they turn 16.)

•        When a charge is made in connection with the performance.  This applies whether the performers are paid or not.

•        When the performance takes place at licensed premises or a registered club.

•        When the performance is recorded to be broadcast or exhibited (for example on TV, radio, film, internet etc.) 

Exemptions are set out in section 37(3) of the 1963 Act, which only apply where no payment in respect of the child taking part in the performance is made to the child or another person, other than expenses.  These exemptions do not apply to paid sport or paid modelling.  The exemptions are:

The 4 day rule:

If a child has not performed on more than 3 days in the last 6 months, they will not need a licence for performance on a fourth day.  Once a child has performed on 4 days in a 6 month period (in any performance, regardless of whether a licence was in place on any of those days or the child was taking part in a performance arranged under a body of persons approval) then a licence is required for any further performances (unless one of the other exemptions referred to below applies).

If a child is to be absent from school this exemption cannot be relied upon: a licence will be required.

Performances organised by a School:

This does not include dance or drama schools, who must apply for licences, where necessary.

In some cases, the organiser of a performance involving children can apply for a BOPA.  A BOPA covers all children in one approval, rather than individual licences for each child.  The decision whether to issue a BOPA is at the discretion of the local authority.

Any organisation can apply for a BOPA, as long as no child is paid.  The local authority will require assurance that the body had clear, robust and well embedded policies for safeguarding children.  Applications for a BOPA should be made to the local authority where the performance is taking place, the local authority can grant the approval even if the children taking part do not live within its' boundaries.  If granted, a BOPA removes the need to apply for an individual licence for each child, it is granted to the organisation that is responsible for the performance.  The authority can impose conditions that they feel are needed to ensure the well-being of the children involved and may revoke approvals if these are not met.

If a child is to be absent from school this exemption cannot be relied upon: a licence will be required.

Children engaged in public performances under a licence issued by the local authority must be supervised by a council-approved Chaperone.  It is regulated under the Children Young Person Act 1933/63 and the Children (Performances and Activities) (Wales)

 

It is a legal requirement that children engaged in public performances, working in TV, film, paid modelling or sporting activities, under a licence issued by the local authority, must be supervised by a council-approved Chaperone, unless they are in the care of their parent, legal guardian or, in certain circumstances, a teacher.

A Chaperone's first duty is to the child in their care. They are responsible for safeguarding, supporting and promoting the wellbeing of the child, and must not engage in any activity that would interfere with their duties.

Chaperones must remain with the child at all times, and have sight of the child when they are on stage, set or performing.  The precise duties whilst the child is at the place of performance or activity will vary depending on the type of performance or activity.  However, their main duties are to ensure that the child/children are properly supervised when not performing and have adequate meals, rest and recreation.  Chaperones must also ensure that suitable changing facilities are arranged by the company or venues, with separate changing rooms for boys and girls over five.

A Chaperone can supervise up to 12 children.  However, due to the demands of the performance, or the ages, gender or special needs of the children, the local authority may decide that a Chaperone may only be responsible for a smaller number of children to ensure they are safeguarded appropriately. 

The Chaperone registration process in Powys includes the following:

•        A completed application form

•        One passport-sized photograph

•        Be available for an interview

•        Satisfactory recommendations from two referees

•        An enhanced Disclosure & Barring Service (DBS) certificate

•        Attend training course

•        Payment of the relevant fees

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