Child performance

Regulated under the Children Young Person Act 1933/63 and the Children (Performances and Activities) (Wales) Regulations 2015. The legislation exists to protect the welfare of children and young people who take part in performances and to ensure they are protected from exploitation, and the ‘work’ is not detrimental to the child’s welfare and education

Children involved in entertainment, such as: TV, film, theatre, modelling, dance shows, pantos, amateur dramatics, music groups and paid sport (whether professional or amateur) may require a performance licence and a licenced chaperone (further detail can be found under the Chaperones section)

Child licences are all obtained through the Local Authority where the child resides, not where the performance is taking place (unless the performance is covered by a BoPA). The person responsible for the production of the performance in which a child is taking part is the person who should make the application for the licence to the relevant local authority. In Pembrokeshire the Education Welfare Service is responsible for issuing child performance licences, BoPA's, chaperone approvals and ensuring that the conditions of these licenses are met and adhered to.

When does a child need a performance licence?

The law in relation to children in entertainment and performance licences applies to all children from birth until they reach compulsory school leaving age. School leaving age is defined as the last Friday in June in the academic year in which a child turns 16.

When the child is being paid
When the performance takes place at licensed premises or a registered club.
When the performance is recorded to be broadcast or exhibited (for example on TV, radio, film, internet etc.)
When the child requires time off school to perform

What are the exemptions?

Some types of performance will not need a licence, but these exemptions will only apply where no payment is made to (or in respect of) the child or children taking part in the performance (whoever takes the payment). These are where:

a performance is organised by a school
the child has performed for fewer than four days in the past six months (the four day rule); and
no child is being paid, and the organiser can apply for a Body of Persons

Performances organised by a school

A performance may not require a licence if it is:

a) organised by a school – an educational institution that provides primary or secondary education, rather than a dance school or similar; and

b) the school is responsible for producing the performance, which may involve children from that school or from another.

This does not include dance or drama schools, who must apply for licences, where necessary.

The four day rule

Any child who has not performed on more than three days in the past six months does not need a licence for one more day’s performance. Once a child has performed on four days or more in a rolling six-month period, then a licence is required (unless another exemption applies). This includes any performance, paid or otherwise, whether or not the child had a licence for any of those days or was covered by a Body of Persons Approval (see below).

If a child is to be absent from school this exemption cannot be relied upon a licence will be required. A part of the licence application form written permission will be needed from the child’s headteacher to allow the child to be absent from school to take part in the performance.

Body of Persons Approval (BOPA)

In some cases, the organiser of a performance involving children can apply for a BOPA. A BOPA covers all children in one approval, rather than individual licences for each child. The decision whether to issue a BOPA is at the discretion of the local authority.

Any organisation can apply for a BOPA, as long as no child is paid. The local authority will require assurance that the body had clear, robust and well embedded policies for safeguarding children. Applications for a BOPA should be made to the local authority where the performance is taking place, the local authority can grant the approval even if the children taking part do not live within its' boundaries. If granted, a BOPA removes the need to apply for an individual licence for each child, it is granted to the organisation that is responsible for the performance. The authority can impose conditions that they feel are needed to ensure the well-being of the children involved and may revoke approvals if these are not met.

If a child is to be absent from school this exemption cannot be relied upon a licence will be required.

Performance licence applications and regulations

Applications

In Pembrokeshire, the Education Welfare Service is responsible for issuing child performance licences, BOPA's, chaperone approvals and ensuring that the conditions of these licenses are met and adhered to.

Completed application forms together with all documentation needs to be submitted to the Pembrokeshire Education Welfare Service, 21 days prior to the date for which they are required. The Education Welfare Service must be satisfied that arrangements for the supervision and protection of the child are adequate and that the disruption to the child's education is kept to a minimum, prior to granting a performance licence. The person who applies for the licence will be the licence holder and will be responsible for ensuring the conditions of the licence are met.

If you a require an application form for any of the following, then please contact educationwelfareservice@pembrokeshire.gov.uk

Body of persons application
Child performance application

Regulations and guidance documents

Children (Performances and Activities) (Wales) Regulations 2015 (opens in a new tab)

Keeping young performers safe (opens in a new tab)

Information can also be found on the National Network for Child Employment and Entertainment website (opens in a new tab)

Further information

For further information please contact the Pembrokeshire Education Welfare Service:

Email: educationwelfareservice@pembrokeshire.gov.uk

Telephone: 01437 764551

School Attendance and Pupil Welfare