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Legal Eagle

Licensing

Q: Licensing for foreign national children

Does a performer who is a foreign national, under the age of 18 and not an Equity member, have to be licensed to perform on a public stage in the UK?

A: Firstly, if a licence would otherwise be required for a performance in the UK, it makes no difference whether the performer is a foreign national or not, except that instead of any application for a licence having to be made to a local authority in the area where the performer resides, it is to be made in the area where the 'applicant' (the producer) resides or carries on business.

Secondly, the regulations apply only to performers who are under compulsory school age in the UK, which is currently 16 years of age. Thirdly, the statutory licensing regulations, as one would expect, make no distinction between members of Equity and non-members.

The current licensing regulations were made in 1968 and were subsequently extensively amended in 1998 and again in 2000. They are extremely detailed, complex and, to the uninitiated, somewhat confusing. It is impossible for me to summarise them effectively within the limited space available to me. However, I did give a broad overview in answer to a similar question in my Legal Eagle issue of November 11, 1999, which can be viewed on The Stage's website. Since the regulations have changed since then in certain ways which affect what I advised on that occasion, I reproduce below what I then said but with appropriate amendments:

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 and also for performances in licensed premises and registered clubs. It is obtained from the local authority on the application of the presenter of the performance and has to be counter-signed by the child's parent or guardian.

The application must specify 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 other information. The application must be accompanied by two copies of a photo of the child and a copy of the performance contract with the presenter.

No licence is needed if the child is to be paid nothing more than expenses and during the six 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 may 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 role, the performance is wholly ballet or opera and the role cannot be performed by anyone other than a child of about the same age.

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 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' court against refusal of licence, and additional restrictions for children under 14 and under 12 respectively. 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, among others - 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.

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, 1998 and 2000.

First published 23rd October 2003