Young performers licensing guide

The licence

The licence must follow the form set out in Schedule 2 of the Licensing of Child Performances (Scotland) Regulations 2014, or a form that is substantially similar.  

It must clearly state the purpose of the licence and any conditions attached to it (Regulation 6).

Telling the relevant people 

The licence holder must make sure: 

• the chaperone is fully aware of the licence terms and any conditions that apply 

• any private tutor involved is also told about the relevant conditions 

The licencing authority must also send a copy of the licence to the parent or guardian who signed the application form (Regulation 6(4)). 

In line with Article 12 of the UN Convention on the Rights of the Child (UNCRC), and taking account the child's age and maturity, the licencing authority should also send a copy of the licence to the child where appropriate. 

If the performance or activity is taking place in a different local authority area, the licencing authority must send a copy of the application form and licence to that host authority. 

Records 

Information about a child's participation in a performance or activity must be recorded and kept for at least six months after the licence expires. This allows the licencing authority to check that all conditions have been met (Regulation 8). 

If an application is refused 

If a licencing authority refuses a licence, it must give the reasons for this decision in writing, as required by section 39(6) of the Children and Young Persons Act 1963. 

The applicant or licence holder has the right to appeal to the sheriff court against: 

• a refusal 

• a revocation 

• a variation of the licence 

• any condition attached to the licence or an approval 

Appeals cannot be used to challenge conditions that the legislation specifically requires the authority to impose.

Enforcement 

The licencing authority is responsible for enforcing the conditions of a child performance or activity licence. To check that licence terms are being met, the authority can carry out inspections of premises where: 

• rehearsals are taking place during the performance period 

• performances or activities are taking place 

• the child is receiving education 

• the child is being accommodated overnight 

Scottish licencing authorities can amend or revoke existing licences, including those issued by local authorities in England or Wales, where the performance or activity takes place in their area (see section 39(2) of the Children and Young Persons Act 1963). 

If an inspection of a broadcast production raises concerns, licencing authorities can contact Ofcom by emailing OfcomStandardsTeam@ofcom.org.uk. 

Broadcasters must follow Ofcom's rules on protecting children who take part in programmes. 

General requirements 

The 2014 Regulations set out detailed requirements that must be met when a child takes part in a performance or activity under a licence, or where no licence is needed because of the exemption under section 37(3)(a) of the Children and Young Persons Act 1963. 

These requirements fall into four categories: 

• restrictions on granting performance licences (Part 3) 

• restrictions and conditions that apply to all licences for performances or activities (Part 4) 

• conditions that apply to all performances, whether licensed or exempt under section 37(3)(a) (Part 5) 

• restrictions and conditions that apply to performance licences only (Part 6)