Licence - child employment
Maidstone Borough Council does not provide child employment
licences.
You can get a child employment licence from Kent County
Council.
Children often want to have jobs so that they can earn extra
pocket money. At Kent County Council they have to know about
all children who are of compulsory school age who are employed so
that we can make sure that the work is suitable and that it does
not affect the child's health or education.
There are laws about the rights of children to work which both
parents and employers need to know about.
If a child is involved in theatrical, television or modelling
performances, the rules are slightly different.
School age children taking part in entertainment performances
may need to be licensed. The licensing requirements are designed to
protect the child's health, education and welfare. Please the
information below and our booklets.
Frequently asked questions
Which children are covered by the
legislation?
The Children (Performance) Regulations 1968 apply to all
children from birth to the end of compulsory school age, at the end
of year 11.
What is a performance?
Certain criteria must be fulfilled for a show to be classed as a
performance:
- It is taking place on licensed premises.
- Being broadcast, filmed or recorded for public exhibition.
- In connection with which a charge is made (even if no charge is
made for admission).
What is a performance licence?
A performance licence is a legal document which is issued by the
Local Authority and states the specific arrangements for the child
to take part in a performance.
Why does a child need a licence to perform?
Not every child will need a licence to perform, however the law
requires a child to be licensed if they meet certain criteria and
the licence is issued to safeguard their education, health &
safety.
When does a child need a performance
licence?
A child must be licensed if they meet the following
criteria:
- If the child has performed for more than 4 days in the past 6
months.
- Being paid to take part in the performance.
- Requires absence from school to take part in the
performance.
Who should apply for the performance
licence?
The licence applicant must be someone who is responsible for the
production in which the child is taking part e.g. Producer,
Director etc. A child’s agent cannot apply for a licence.
How much notice is required?
The law requires that a performance licence application is
submitted 21 days before the first performance; however we suggest
that the local Child Employment Officer is contacted as soon as
possible as it may be possible to issue the licence in less than 21
days.
How much does a child’s performance licence
cost?
No charge is made by the Local Authority for the issuing of a
performance licence.
What happens if a child requires a performance
licence?
The production company will need to complete Part I of the
application form. The parents/guardian will need to complete Part
II of the application form and provide the requested supporting
documents.
What documents will need to be provided for the
child?
- Proof of date of birth for example copy of birth
certificate or passport Do not send originals.
- Two recent passport sized photographs or a digital photograph,
please put the name of the child and the performance in the
email.
- Medical evidence see below.
- Letter authorising absence from school if required.
- Declaration under section 38 a) or (b) which is required for
children under the age of 14 to be completed by
applicant.
What medical evidence is needed for a child to
perform?
A parental declaration of the child’s fitness to perform is
required for non-broadcast performances such as theatre and
modeling, unless the child is performing for 6 consecutive days and
for more than one week then a medical certificate is required
either from the child’s GP, school nurse or other suitably
qualified medical professional.
If the child is taking part in a broadcast performance, a medical
certificate is required.
How long is a medical certificate valid
for?
A medical certificate is valid for 6 months from the date of
issue. Some medical practitioners may charge a fee for this.
What happens if a child performs with out a
licence?
The child may be performing illegally. If the child performs
without a licence they may not be covered by the production
company’s insurance and the production company is at risk of
prosecution.
Does a child need a licence to take part in a school
performance?
It is unlikely, as a school performance is exempt from the
performance regulations. However if you are in doubt please contact
your local Child Employment Officer.
If a child performs on a school day does their school need to
give permission for the absence?
Yes permission from the school is required and this should be
obtained in writing. A performance licence cannot be issued without
permission if school absence is needed for the performance.
When does this legislation not apply - are there any
exemptions?
There are certain situations when this legislation does not
apply. This includes performances organised by the school,
activities that the Local Authority does not consider to be a
performance and a performance put on by a group that hold a valid
and approved body of person’s exemption.
Who will look after the children taking part in a
performance?
The parent or legal guardian may look after their own child or a
licensed chaperone may look after up to a maximum of 12
children.
What happens if a child is performing
abroad?
A performance licence will still be required, but these are
issued by the local magistrate’s court. The applicant for the
licence should contact their local court as soon as possible for
advice.
Can children perform in a circus?
Yes, but a performance licence may be required and you should
contact your local Child Employment Officer.
Does the legislation cover understudies and so
on?
Yes the legislation covers all children who perform until they
complete compulsory schooling.
What happens if any of the details on the licence
change? For example a change of
location
The issuing Local Authority should be notified if any amendments
are made to the terms of the licence. The licence applicant is
responsible for ensuring the Local Authority is notified.
What happens if a child has an accident at the place of
performance?
The accident should be recorded and dealt with appropriately
e.g. by the on site first aider.
For more information download our
Children in entertainment - a guide
If you have any concerns relating to children in entertainment
please complete Kent County Council's
Referral form or contact your local Child Employment
Officer
Find out how to
apply for a licence from Kent County Council.