Young performers licensing guide

Restrictions and conditions applying to all licences 

Part 4 of the 2014 Regulations sets out the specific restrictions and conditions that apply to all licences for performances and activities. 

Education 

When considering a licence application, the licencing authority must think about how the child's participation might affect their education.  

A licence must not be granted unless the authority is satisfied that: 

• the child's education will not suffer because of their participation 

• it has approved arrangements for the child's education throughout the licence period 

• it has approved the place where the child will receive that education (Regulation 12(1)) 

When approving the study plan, the licencing authority should consider how the child's involvement in the performance might support the four capacities of Curriculum for Excellence. If the performance offers educational value, this should be confirmed and recorded by the teacher, parent or guardian and the licencing authority. 

In some cases, the licencing authority may visit the proposed place of education or seek advice from the local authority where the performance or activity will take place, to help assess suitability. Conditions may be added to any approval to make sure arrangements meet the child's specific needs. 

Absences of more than 5 days 

If a child needs to be absent from school for more than 5 school days in total during the licence period, a private tutor must be arranged. The licencing authority must approve the proposed course of study and be satisfied it will be properly delivered (Regulations 12(3) and 12(4)(a) and (b)). 

Approving private tutors 

The licencing authority must make sure the private tutor is suitable and qualified to teach the child. This includes considering their relevant experience, skills and professional registrations. All private tutors must be members of the Protecting Vulnerable Groups (PVG) scheme. 

Minimum hours of education 

It has been accepted practice in Scotland that around 25 hours of teaching time per week is available in most local authority primary schools. On this basis, 5 hours is generally understood to equal one school day. 

Where the 5-day absence threshold is triggered, the child must receive at least 3 hours of education for every school day missed, aggregated across the whole licence period (Regulation 12(4)(e)). The licence holder is responsible for making these arrangements. This applies to both stage rehearsals and performances. 

For broadcast or film performances, the requirement is met if the child receives education that meets all the following conditions: 

• at least 6 hours of education per week over each 4-week period (or shorter licence period), with the total equalling at least 3 hours for each missed school day 

• education must only take place on normal school days (Monday to Friday) 

• no more than 5 hours of education in a single day 

• at least 30 minutes must be provided on each day that tuition takes place - any period shorter than 30 minutes does not count towards the required total 

Calculating hours of education 

When calculating the number of hours on any day that a child is present at a place of performance or rehearsal, any periods of education required under the approved arrangements must be included, even if that education takes place somewhere other than the performance or rehearsal venue (Regulations 20 to 21). 

The required hours differ for children aged 5 to 8 (maximum 8 hours participation) and children aged 9 and over (maximum 9.5 hours participation). 

Example 1 – 2-week TV production – 9 year old 

A TV production has a 2-week child performance licence. The child must receive 3 hours of schooling for each school day, Monday to Friday, giving a total of 30 hours (3 hours x 10 school days). 

A 9-year-old child attends their regular school for 4 of those days and spends the other 6 days on set. The 4 days at school count towards the obligation: 

• 4 days x 5 hours = 20 hours already covered 

• this leaves 10 hours of tutoring still required across the 2-week period 

The remaining 10 hours can be spread across the 6 days when the child was not in school. When planning this, you must follow these rules (Regulation 12(6)(b)): 

• the maximum tutoring on any single day is 5 hours 

• each tutoring session must be at least 30 minutes 

The same approach applies to stage productions.  

Example 2 – 4-week theatre show - 5 to 8 year old 

A child aged 5 to 8 must not be at a place of performance or rehearsal for more than 8 hours a day. Any time spent in approved education counts towards this limit, even if the education takes place somewhere other than the performance venue. 

For example, if this child does the maximum 5 hours of schooling in a day, they can only be at the performance venue for another 3 hours that day (8 minus 5 hours). 

Over a 4-week period where this child would miss 20 school days, they must complete at least 60 hours of schooling (20 days x 3 hours a day). One suggested way to meet this requirement is: 

• week 1: up to 25 hours (no more than 5 hours on any single day) 

• week 2: 15 hours 

• week 3: 10 hours 

• week 4: 10 hours 

This gives a total of 60 hours. 

Example 3 – 4-week theatre show - aged 9 and over 

A child aged over 9 must not be at a place of performance or rehearsal for more than 9.5 hours a day. Any time spent in approved education counts towards this limit, even if the education takes place somewhere other than the performance venue. 

If this child does the maximum 5 hours of schooling in a day, they can only be at the performance venue for another 4.5 hours that day (9.5 minus 5 hours). 

Over a 4-week period where this child misses 10 school days, they must complete at least 30 hours of schooling (10 days multiplied by 3 hours a day). One way to meet this requirement is: 

• week 1: at least 6 hours of education (no more than 5 hours on any single day) 

• week 2: 6 hours 

• week 3: 6 hours 

• week 4: 12 hours 

This gives a total of 30 hours. 

Earnings 

The licencing authority may attach a condition to the licence relating to any earnings the child receives for taking part in a performance or activity (Regulation 13). 

Place of performance, rehearsal or activity 

Licensing authorities must approve all venues where a child will perform, rehearse or take part in activities (Regulation 16). Approval requires confirmation that the venue meets the child's needs, including: 

• meals 

• toileting, washing and dressing arrangements that are appropriate to the child's age and gender 

• rest and recreation facilities 

Authorities may visit the venue or seek advice from the host local authority to assess suitability.