Child employment and performance licences

We need to know about all children who are of school age and are employed. The work must be suitable and not affect the child’s health and education. Solihull Council will not issue a work permit if these conditions are not met.

Employment is any type of paid or voluntary work, carried out for any person, organisation or business that can be deemed to be the employer of the child. 

• Children under 13 are not allowed to work.
• Children must not be employed outside of the hours of 7.00am and 7.00pm on any day.

On any School Day:

• A child may only be employed for up to 2 hours in any day between 7.00am and 7.00pm, but for no more than 1 hour before school begins.

Weekdays during School Holidays:

• 13/14 year olds can work up to 5 hours per day (max of 25hrs a week during school holidays)
• 15/16 year olds can work up to 8 hours per day (max of 35hrs a week during school holidays)
• Children must have a consecutive 2 week period free from work during their school holidays each year. 
• A child shall not be employed for more than 4 hours in any day without a rest break of 1 hour.

On a Saturday:

• 13/14 year olds can work up to 5 hours per day (max of 12hrs a week during term time)
• 15/16 year olds can work up to 8 hours per day (max of 12hrs a week during term time)
• A child shall not be employed for more than 4 hours in any day without a rest break of 1 hour.

On a Sunday:

• a child can only work for up to 2 hours between the hours of 7.00am and 7.00pm. 

Solihull employers are responsible for obtaining a work permit for any child, regardless of where live, and must complete the application which requires the parent/ carer consent. Applications for work permits should be submitted within 2 weeks of the child’s start date or must be submitted within 7 days from the start of their employment. 

It is an employers responsibility to inform Solihull MBC when a child ceases their employment. 

For further information and advice please contact:

Solihull MBC

Education Inclusion Service

Email: inclusion@solihull.gov.uk

Tel: 0121 704 6663

If you have a concern about a child being employed please contact us at inclusion@solihull.gov.uk or 0121 704 6663.

• Child employment application
• Child employment leaflet 
• Child employment bylaws

If a performance or event needs a child performance licence the chaperone must be approved by the child’s local council. Solihull MBC only issues chaperone licences to applicants who reside and pay their Council Tax to Solihull MBC. To check your local council please click on the following website:

Become a licensed chaperone for child performers

Applications for chaperone licences must be submitted at least 3 months in advance of when the licence is required. Please read the Roles & Responsibilities of a Chaperone document, before making your application so you have a clear understanding of what will be expected of you in this role.

Chaperone References

If you are making an application you will be required to provide details of two responsible persons who will be prepared to give you references as to your suitability to be a chaperone. References should be from separate sources and not from the same organisation or employer. They must not be from a spouse, partner or family relation or from someone with whom you live. At least one of these should know you in a professional capacity. You will be asked to state in what capacity the person is known to you and you must have known them for at least two years. 

If you have been asked to provide a reference for an application for the role of a Chaperone please read the Roles & Responsibilities of a Chaperone document to give you an understanding of the role/duties the applicant will be carrying out. The applicant will have unsupervised access to children from the very young up to and including age 16s. 

If you feel that you are unable to act as a referee, indicate your reasons as to why you are unable to provide a reference. References should be accurate and cannot contain any untrue statement or omission as the reference may be revealed to the person concerned, if requested.

Apply for a chaperones licence

On receipt of a completed application Solihull MBC will carry out the following:

• Ensure a passport size photo has been received
• Invite you in for an interview where ID checks will also be carried out
• Submit an Enhanced DBS
• References to be obtained and accepted

You will then be required to attend:

• Level 1 Safeguarding Awareness training 
• Roles & Responsibilities of a Chaperone Guidance training

A Chaperone licence will not be issued until all relevant checks and training have been completed. 

The licence must always be carried with you when you are chaperoning.

For further information and advice please contact:

Solihull MBC

Education Inclusion Service

Email: inclusion@solihull.gov.uk

Tel: 0121 704 6663

•    Chaperone application form

•    Role & responsibilities of a chaperone

A child may need a licence if they’re under school leaving age and taking part in:

• films, plays, concerts or other public performances that the audience pays to see, or that take place on licensed premises.
• any sporting events or modelling assignments where the child is paid.

The applicant must apply to the child’s local council for a child performance licence. Check a child’s local council using the child’s postcode to apply for a child performance licence here.

Applications for performance licences must be submitted at least 21 days in advance of when the licence is required, to ensure the relevant checks can be made. If the child will not be with their parent they must be supervised by a registered chaperone approved by the council. 

For further information and advice please contact:

Solihull MBC

Education Inclusion Service

Email: inclusion@solihull.gov.uk

Tel: 0121 704 6663

• Performance Licence Application

 A BOPA allows groups and organisations to have one licence for all the children involved in a performance. This means you don't need a performance licence for each individual child as the BOPA covers the organisation. 

The person in charge of running the event must apply to the local council in which the event is being held. An application for a BOPA must be submitted at least 21 days in advance of when it is required, to ensure the relevant checks can be made.

If approved, the Organisation agrees to adhere to the following conditions:

1. No payment will be made to the child or anyone else, on behalf of the child, other than for reasonable expenses.
2. No child will be absent from school to take part in a performance given under the Body of Persons approval, unless by prior agreement with Solihull Inclusion Service who will consider the implications of the Education (Pupil Registration) (England) Regulations 2006 Regulations 7.
3. No child taking part in a performance is employed on the day of that performance or the following day.
4. The Organisation will provide the Local Authority with details of each performance/rehearsal including the dates, times and location, together with the details (i.e. total number performing, ages, gender, special needs and role) of all children taking part, at least 21 days in advance of the first performance unless the Education Enforcement Team has agreed to a shorter notice period.  Notifications of changes to the performance schedule must be sent to the Solihull Inclusion Service in advance. The Organisation will also provide the name and contact details of the lead person responsible for each performance.
5. The Organisation will ensure the lead person responsible for each performance will have available at the place of performance a full register of all children performing and their emergency contact details including any medical issues or additional needs.
6. The Organisation agrees to comply with Regulation 11 and Regulations 15 to 29 of The Children (Performances and Activities) (England) Regulations 2014 (see booklet for further information)
7. To ensure a risk assessment is carried out in respect of each place of performance and provided to a member of the Local Authority upon request.
8. A First Aider is present at each place of performance. 
9. The Organisation will ensure that an appropriate number of Local Authority approved chaperones are employed to care for the children (see Reg.15), having specific regard to their gender and age, ensuring that each child is supervised at all times at each performance an appropriate rehearsals.
10. The Organisation provides details of the chaperones appointed.
11. The Organisation agrees to any authorised officer of the Local Authority having unrestricted access whilst any dress or technical rehearsal or performance is taking place at any venue that the Organisation uses for such purposes.
12. The Organisation provides a written Child Protection Policy to the Solihull Inclusion Service when the application is made.  A statement of the Organisation’s commitment to protecting children must be displayed prominently at each venue.
13. The Organisation will obtain an up to date confirmation of fitness from the parent of each child.
14. The Organisation ensures that a list of emergency contact details in respect of each child including any medical issues or additional needs is securely held and is available at the place of performance. 
15. The Organisation will ensure signing in and out sheets and daily record sheets are completed for each performance.

Failure to comply with any of the above agreements or conditions is likely to result in the Local Authority revoking the Body of Persons exemption with immediate effect. Failure to comply with Children & Young Persons Act 1963 s.37 and The Children (Performances and Activities) (England) Regulations 2014 is a criminal offence, which on conviction carries a maximum penalty of £1,000 or three months imprisonment or both, for each offence.

For further information and advice please contact:

Solihull MBC

Education Inclusion Service

Email: inclusion@solihull.gov.uk

Tel: 0121 704 6663

•    Application for a body of persons exemption (BOPA)

 

Some performances are exempt from the licensing procedure. If there is no absence from school and the length of the performance is 4 days or less an exemption certificate could be granted providing one of the following criteria is met: 

• The child will not have performed more than 4 days in the 6 months preceding (and including) the performance: or
• The performance is given under arrangements made by school OR made by a body of persons approved by the Secretary of State/Local Authority in whose area the performance takes place, and no payment is made to the child or any other person, except for any covering expenses. 

The applicant must apply to the local council in which the child lives. An application for an Exemption must be submitted at least 21 days in advance of when it is required, to ensure the relevant checks can be made.

Where an Exemption is granted, the following conditions would need to be observed:

1. No child should be absent from school as a result of participation in a performance unless specific agreement has been obtained from the Head Teacher - Regulation 10*
2. Children must be properly supervised by an adult who should be responsible for a maximum of 12 children - Regulation 12*
3. No child may remain at the place of performance no later than 11.00pm.

*Application for Exemption from the Licensing Procedures. Section 37 – Children & Young Persons Act 1963 as amended in 1998 Children (Performances) Regulations 2014

For further information and advice please contact:

Solihull MBC

Education Inclusion Service

Email: inclusion@solihull.gov.uk

Tel: 0121 704 6663

•    Exemption Application