Child Performance Licences
With the difficult (and lengthy!) first half term out of the way, drama, dance and music teachers often start looking towards what Christmas shows as well as spring and summer productions they are going to devise for their students.
School Performances
A school performance is one of the high points on any school's calendar. The performing as department may think they have all the arrangements well in hand, but there is one final piece of paperwork that often gets overlooked - the Child Performance licensing.
The Children (Performances and Activities) (England) Regulations 2014 came into effect on 6th February 2015 and replaced the Children Performances Regulations 1968. For the majority of school productions, a licence probably won't be necessary, but organisers of events involving children below the school leaving age must check to make sure that their arrangements are within the law.
Licence Criteria
You WILL need a Child Performance Licence if:
- They're going to be absent from school (the absence must also be authorised by the child's Head Teacher);
- An audience is paying to watch the performance (unless this is only to cover costs connected with the performance;
- The child is being paid for the performance (or someone else is being paid for the child's performance);
- The child will perform on more than four days in any six-month period;
- The child is participating in paid sporting activities; and
- The child is participating in modelling work, including photography sessions, fashion shows or catwalk shows.
If the performance runs for four days or less, you may be able to apply for an exemption. If multiple children are involved in the performance, and they will not be absent from school, organisations may be able to apply for a Body of Person (BOPA) certificate if they meet the BOPA criteria.
Department of Education Guidance
"A licence is not required where the performance in which the child is taking part is given under the arrangements made by a school. The deciding factor is whether the school is responsible for organising and producing the performance. The school in question has to fall within the meaning of a "school" in the relevant Education Acts i.e. an educational institution that provides primary and/or secondary education."
If a child has not performed for more than three days in the last six months, they will not need a licence for performance on a fourth day. If the child has performed on four days in a six-month period, in any performance, regardless of whether a licence was necessary, a licence will be required for any subsequent performances.
Examples
A school is putting on a production of "We Will Rock You". Performances will take place over 3 nights at the school and tickets will be sold. All the arrangements have been made at the school and the children have rehearsed and performed under the direction of school staff. This performance is exempt from licensing.
A charitable organisation or production company puts on a show at a theatre. The show consists of groups of children performing various routines. The producer has approached a number of dance schools who will be taking part and has also approached a number of schools inviting them to select a group of children to perform. The show is for 1 night only and tickets are on sale. Those schools who decide to participate cannot be exempted as this is not a performance arranged by a school. In this case, the children will either require a licence or an exemption if applicable.
No Licence Required
Performances organised by a school within the meaning of the relevant educational establishment for example: A performing arts school which also provides a child's main education. A school providing a child's main education working alongside a performing arts school. A home-educated child could qualify under this exemption if the arrangements for the performance are made by a school.
Licence Required
Licence Required (assuming no other exemption applies).
Circus schools, dance schools, conservatoires and similar organisations where the child is attending purely for training in that performance activity (as opposed to receiving their main education).
A third party. For example, when children from a school or a number of schools take part in a performance where arrangements are made by a third party such as a broadcasting company or a local authority or arts group, i.e. the third party is responsible for the production.