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D Michael Rose

Q: Childrens' licences/working on stage and TV

What are the rules for children working in professional stage and television shows?

A: The rules are lengthy, detailed and not easily summarised, but a broad overview is as follows:

A licence is required for all child performers under the age of 16 in respect of live performances for which an admission charge is made and in respect of broadcasts and recordings for broadcast or public exhibition. It is obtainable from the local authority in the area where the child lives on the application of the presenter of the performance, countersigned by the child's parent or guardian. The application must specify the number of performance days and period required to be covered by the number of performance days and period required to be covered by the licence, being not more than six months at a time, as well as a lot of other information. The application must be accompanied by two copies of a photo of the child and a copy of the child's performance contract with the presenter.

No licence is needed if the child is to be paid nothing more than expenses, and during the three months preceding the period covered by the licence has not performed in other licensable performances on more than three days, or if the performances concerned are arranged by a school or other approved educational body. However, even where a licence is not required, there are regulations which prescribe different hours of work, rest and meals, depending on the age of the child.

If the child is under 14, a licence will not be granted unless, in the case of an acting role, it cannot be performed except by a child of about the same age or, in the case of a ballet or dance ole, the performance is wholly ballet or opera and the role cannot be performed by anyone other than a child of about the same age or, in a case where the child's role is wholly or mainly a musical role, it is part of a musical or opera or ballet.

Subject as above, the local authority must grant a licence where required, if it is satisfied about the fitness of the child to do the work and about the child's health and kind treatment, and that the child's education will not suffer.

There are statutory provisions relating to record keeping, variation and revocation of licences and appeal to magistrates' courts against refusal of licence. Contravention of the regulations is punishable by a fine or three months imprisonment or both. A separate licence is required for children under 16 performing abroad. There are also separate regulations for children appearing in broadcast and recorded performances and for a host of other matters. These other matters include maximum number of permitted performing days (79 days per annum if over 13, or 39 days per annum if under 13); night work and permitted hours of attendance; troupe work; medical examination; educational requirements; dealing with child's earnings; approved matrons in charge of the child; lodgings if required to live away from home; approval of performance and rehearsal venues; arrangements for getting the child home, and breaks in performances (not more than eight consecutive weeks without 14 days break).

For further details, reference should be made to sections 37 to 40, Children and Young Persons Act 1963, and to the Children (Performances) Regulations 1968.

First published November 1999

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