Licence Holder Responsibilities

Section 37(1) "…a child shall not take part in a performance to which this section applies except under the authority of a licence". Section 58 Education Act 1944 " 'child' a person who is not over compulsory school age." Performances to which Act applies see S.37 subsection (2). Performances for which a Licence is not required seeS.37(3). Offences - contravention to S.37 summary conviction Level 3 (Children and Young Persons Act 1963, s.40 as amended by the Criminal Justice Act 1982, ss 38 & 46)

It is the responsibility of the Licence Applicant/Holder to ensure that:-

• They have submitted a completed Licence application form (Schedule I and II plus all attachments) to the Royal Borough of Windsor and Maidenhead's Education Welfare Service, (or if the child does not live in this Authority, the LEA responsible for the area where the child lives), at least 21 days (Regulation 1 Schedule 1) before the first performance date.
• A child does not perform unless the applicant, who applied for the Licence i.e. producer, agent and so forth is in receipt of the child's Licence. In the case of Open Licences (1) a licence has been received by the applicant (2) an add-on sheet applicable to the particular performance has been agreed and is attached to the original licence and held at the place of performance during the child's performance.
• Each child's Licence and Chaperone/Tutor records are available at the place/places of performance, and held by the Licence Holder for a minimum period of 6 months at the address given on the application (which needs to be the Head (main)Office and NOT the location address i.e. temporary residence of a production at a studio or location) if requested for inspection by an officer of the LEA.
• Suitable travel arrangements are provided.
• Suitable arrangements for nutritional meals are provided - not take away snacks. Any special diets required for medical, or on moral or religious grounds, must be provided for.
• Suitable accommodation and sanitary provision is provided. Separate facilities for boys and girls.
• Suitable meal, rest, recreational and educational facilities are provided.
• Adequate protection against inclement weather is provided.
• The child must be guarded against exposure to possible harm, including abuse or discrimination.
• A Health and Safety 'risk assessment' has been undertaken at the place of the performance by the Production Company. Other areas, for example: fire regulations satisfactory; a first aider present at all times; staff, chaperones and children made fully aware of evacuation procedures in case of emergencies such as fire. Contact the relevant Environmental Health Department for further details on Health and Safety - Management of Health and Safety at Work Act 1999.

  PLUS - Any other conditions or provisos placed on the child's Licence by the issuing LEA together with the legal requirements under the Children (Performances) Regulations 1968 (Miscellaneous Amendment 1998) are met.

Note: An authorised officer of the LA in whose area a performance takes place may at any time enter any place where a performance licensed or unlicensed to which S.37 applies and may make enquiries about any child taking part in a performance.

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