Young performers licensing guide
A guide to organising performances, licensed sporting or modelling activities involving children and young people.
Apply for a licence
You must get a licence before a child takes part in a performance. It is an offence under sections 37(1) and 40 of the Children and Young Persons Act 1963 if you do not.
Parents, guardians and the person responsible for obtaining the licence can all be prosecuted if a child performs without one. If found guilty, you could face a fine, a prison sentence, or both.
Who applies for a licence
The person responsible for applying for a licence (the applicant) will be either:
-
a person responsible for arranging a professional or amateur performance, or
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someone engaging a child or young person in a licensed activity. This is set out in Regulation 4 of the 2014 Regulations
If the licencing authority grants a licence, the applicant becomes the licence holder.
Licence holder
The licence holder is responsible for making sure the licence conditions are met, the performance or activity is properly arranged and overseen, and the child's protection and wellbeing is maintained throughout.
You should apply in writing - email is recommended - to the relevant licencing authority at least 21 days before the first performance or activity the licence covers.
A licencing authority may refuse to grant a licence if this deadline is not met.
Where to send your application
If the child lives in Scotland and the performance is also in Scotland - apply to the child's home local authority.
If the child lives in England or Wales and the performance is in Scotland - apply to the child's home local authority. The home local authority or the applicant must forward the application form and approved licence to the host local authority in Scotland where the performance is taking place.
If the child lives in Northern Ireland different rules apply.
If the child lives in Scotland and the performances are across England or Wales - apply to the child's home local authority.
If the child does not live in Scotland, England or Wales - apply to the local authority where the applicant lives or has a business.
If the applicant and child have no address or business in the UK - best practice is to apply to the Scottish local authority where the first performance or activity will take place.
Where a performance or activity is taking place in a host authority that is different from the licencing authority, the licencing authority must send the host authority a copy of the application form and the licence.
The licence holder must produce the licence on request, at all reasonable hours, at the place of performance, rehearsal or activity, to an authorised officer of the host authority or to the police.
Activities abroad
If the child is over 14 and is invited to perform outside the UK, a licence must be granted under section 25 of the Children and Young Persons Act 1933 .
The relevant Justice of the Peace will consider the application and, if content, issue a licence.
Details of the child including their name, address, date of birth, nationality, name and address of their parent or guardian will be sent to the Scottish Government by the Justice of the Peace.
The Scottish Government will then send it to the relevant consular office, together with copies of the contract and licence and details of where and how long the child is expected to participate.
Application form
Applications must be made by email to the relevant licencing authority, using the child performance licence application form.
This is usually available to download from the relevant local authority's website.
What you will need to include
The usual documentation requested by the local authority’s application form is outlined under Schedule 1 of the Regulations 2014 and the below checklist:
|
Item |
Information |
|
Proof of age |
Birth certificate or in-date passport (copies accepted). |
|
Risk assessment |
Outlining potential risks and mitigation during the course of rehearsals including whilst at place of performance. |
|
Planned activities |
A (draft) document setting out the terms of the child’s participation. |
|
Arrangements |
Child’s education, chaperoning, and accommodation during the performance period. |
|
Application form |
Application signed by the applicant and the child’s parent/guardian. Or provide a separate document drafted by the applicant outlining parental consent. |
Applicants should inform the relevant licensing authority where any information is unavailable and the reasons why this information is not available. This should not, however, prevent a licensing authority from processing the application where good reasons are available as to the lack of that information.
Involving the child
Best practice is for parents or guardians to discuss the application with the child, in line with UNCRC Article 12. The child's signature is encouraged unless they are not yet mature enough to understand what is being asked of them, or signing would compromise the performance - for example, where there is an element of surprise.
School absence
If the performance requires the child to be absent from school, the head teacher must sign the application.
Broadcasters
Ofcom-regulated broadcasters must remain editorially independent. Licensing authorities will not normally receive scripts from broadcasters.
Contact
Scottish Government
Culture Directorate
Victoria Quay
Edinburgh
EH6 6QQ
Email: performancebopa@gov.scot
Telephone: 0300 244 4000