Unlicensed
It has become evident that some of our customers nationally, have raised concerns about the inconsistent interpretation surrounding when a licence is NOT required in accordance with the Children & Young Persons Act 1963. As a consequence the NNCEE feels that it should try confirm the following:-
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S.37(3) states that a licence under this section is not required for any child to take part in a performance if no payment is made in respect of him taking part in the performance (other expenses) is made to him or another person...and
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(4) in the preceding six months he has not taken part in performances (for which a licence is required) on more than three days.
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the child requires no time off school Reg. 12(1)(b) School Regs.1959.
Therefore the NNCEE would suggest that the law intends to exempt the need for a child to be licensed where he (or anyone else in connection with the child's performance) does not receive payment for his performance AND he has performed on three or less days in the previous six months where a licence was required.
What needs to be made clear is that payment on admission should NOT BE be construed as payment to 'any person' within the meaning of sub-section (3)
Part (b) of this sub-section relating to school performances and approved body exemptions should be considered separately from the above sub-section as this is an 'OR' rather than AND as shown above.
NOTE - The above refers to both broadcast performances and non-broadcast performances. But, there is a slight difference. In broadcast performances the hours of work, length of time at the place of performance must still be followed as if it was a licensed performance. Broadcast performance exceptions and nightwork are not allowed for unlicensed performances.
STEPS TO BE TAKEN BY PRODUCTIONS FOR UNLICENSED PERFORMANCES
Unlicensed performance need to be confirmed with the local authority in whose area the child resides (lives). Therefore, if you believe that the performance is allowed under the Regulations as qualifying as 'unlicensed' you must receive confirmation - in writing - that this is the case.
Many local authorities will, after checking their records that the above criteria is met for a particular child, send you a letter detailing the performance and confirming that the child may perform unlicensed. Other local authorities may just send you an email confirming this. We would recommend that local authorities issuing 'unlicensed' performance confirmation also send a copy of this confirmation to the location local authority, but this may not always happen.
Whichever procedure individual local authorities follow we highly recommend that productions ensure they have written evidence of this otherwise you may find that the inspecting local authority may stop the performance as they have no written evidence that the/a child is performing within the Regulations. It is therefore of benefit to a production to be in receipt of such confirmation prior to an unlicensed performance. REMEMBER forewarned is forearmed!
