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)
- no child is being paid and the organiser can apply for a Body of Persons Approval.
Schools
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.
The boxes below set out when a performance would meet the criteria for this exemption – and when it would not.
Who is making the arrangements?
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Is a license required? No.
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Such as:
- a performing arts school which also provides a child’s main education; and
- a school providing a child’s main education working alongside a performing arts school
This exemption would not be affected by a broadcaster filming the event as part of an observational documentary – as long as the children are not told what to do by the broadcaster.
Is a license required?
No.
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Where the child is attending only for training in that activity (not where they receive their main education):
Is a license required? Yes
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For example, where children from a school take part in a performance arranged by a broadcaster.
Is a license required? Yes
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 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). There will need to be ‘reasonable grounds’ to believe that the child had not performed on more than three days in the past six months. A letter from the child’s parent to confirm this would be the best approach, and advice could also be sought from the licensing authority. If the child needs to be absent from school to take part in the performance then this exemption cannot be relied upon, and a licence will be required
Applying for an Exemption Certificate
To apply for an exemption certificate, you will need the following documents:
- Fully completed application form
- Safeguarding Policy
- Risk Assessment
- Copies of all licences for everyone who will be acting as chaperone for the performance.
- List of other supervising adults and copies of their current Disclosure and Barring certificates
- Risk Assessment
For an application form, please see below, or contact ESWS@conwy.gov.uk requesting a form to be emailed to you.
Completed applications and supporting documents (as above) can be emailed to ESWS@conwy.gov.uk or posted to:
Education Social Work Service,
Education Services,
PO Box 1,
Conwy,
LL30 9GN
Completed applications must be received within 15 working days of the event however we advise that you give as much notice as possible to avoid disappointment.
Contact us:
Email: ESWS@conwy.gov.uk
Phone: 01492 575031