Young performers licensing guide

Exemptions

Performances that do not need a licence 

Section 37(3) of the Children and Young Persons Act 1963 sets out exemptions where a licence is not required. These exemptions only apply where no payment is made to the child or to anyone else on their behalf. Exemptions never apply to paid sport or paid modelling. 

An exemption removes the need for licence paperwork, but it does not remove the duty of care. 

The exemptions are: 

1. The 4-day rule 

When a licence is not needed 

A child does not need a performance licence if both of the following apply: 

• they have performed on no more than 3 days in the previous 6 months in circumstances that would normally require a licence 

• the performance is unpaid - no payment is made to the child or to anyone else in connection with their involvement (reasonable expenses such as travel or meals are allowed) 

If both conditions are met, no licence is required. 

For example: a child has a 6-month schedule of unrelated performances from 20 January to 20 July. 

• Day 1 - 20 January: school charity event (unpaid) - no licence required 

• Day 2 - 10 February: community theatre show (unpaid) - no licence required 

• Day 3 - 25 April: amateur film project (unpaid) - no licence required 

• Day 4 - 5 May: youth choir performance (unpaid) - licence required 

A licence is required for Day 4 and any subsequent performance within the same  6‑month window. The 6 months is a rolling window counted backwards from the date of the new performance, not a calendar block. 

In cases when no licence is needed, the performance must still comply with the general safeguarding and welfare conditions in the regulations. The exemption removes the licence paperwork, not the duty of care. Organisers, producers, and activity leaders must track performance days and ensure compliance. 

2. School-arranged performances 

No licence is needed for performances arranged by a school as defined in the Education (Scotland) Act 1980.