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Setting up a theatre company


Genus

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Hi there,

 

I'm in the process of setting up my own community theatre company (we're calling it semi-professional...) which is to be an association with charitable status.

 

We've got a copy of the model constitution for charitable organisations (for Scotland) which we have adapted to our purposes. We are in the process of applying for charitable status from the relevant authority.

 

I'm looking for advice and stories from people who may have been in this position in the past. Especially on their experiences of the following:

 

  • Legal issues (there may be a necessity to cast a child, does this mean CRB checks for everyone involved? What about chaperones? etc...),
    1. Copyright is not as issue - new writing
    2. PRS will probably be an issue

    [*]Funding (corporate as well as arts council/lottery),

    [*]Constitutions,

    [*]Disciplinary procedures in the event of cast or production team members not pulling their weight.

    [*]Insurance (I'm guessing a need for PLI for the company and insurance on any hired kit)

    [*]Anything else you can think of.

 

A big issue on my mind at the moment is the separation of the "Association" (including management committee, members etc) and the "Show" (Including production team, cast, marketing etc).

 

At present I'm thinking of making the production team a sub-committee and the cast to be made up of members (As such all cast are members but not all members are cast/crew/other - allowing members to be in the association but not necessarily involved in the shows)

 

 

Whilst I have thought about all these things, obviously, I would appreciate anyone elses take on the procedure. Please note, that we are in Edinburgh and are, as such, working under Scottish Law (though English or overseas stories would still be most welcome).

 

Our website is live and if you're interested in seeing it, please email or PM (I don't think I'm allowed to post it here for plugging reasons. Mods?)

 

I've searched the site but haven't really found a thread discussing these issues (I'm sure you'll put me right if I'm wrong...)

 

Many Thanks

Genus

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This is from New Zealand, so make of it what you will.

 

Pretty much all theatre in my area, from the smallest village club to the relative heavyweight professional outfits in Christchurch are legally either incorporated societies ("non-profits") or charitable trusts. I've been involved with several of these organisations in various levels of involvement.

 

Firstly, the organisation need to be run under a set of rules (your constitution), and run reasonably properly. Think long and hard about the Rules, and make them reflect what the organisation wants to be, as if Scotland is anything like NZ then some rules are forever! Think about what happens if it all goes titsup.com Think about money, and payments. In particular think about how some group of people may try to take over the organisation (for better, or worse) at an AGM......

 

You will have reporting requirements that you need to abide by, particularly on the financial front. You need agendas and minutes. You'll need accounts, and they will need to be audited. These types of organisations typically get tax breaks from governments, so the gubbermint is very interested to make sure that such an organisation isn't being used as a tax fiddle. You need everything you think a normal company has, and insurance is one of those things. Give some committee thought to how much information you want to disclose in your annual accounts, as opposed to what you are required to disclose, for example, your fixed asset detail list.

 

Running these types of groups is often problematic, especially the smaller or more loosely knit clubs. Typically there will be a few members who make the organisation work with the rest being there to make up the numbers, or to just do what it is they are particularly interested in. On the same hand, keeping the members happy is the hardest thing to do. A club of which I'm off to the AGM tonight has dissatisifed some its members suffiently that there are now three other groups that can trace their origins to dissatisfaction.

 

You do need to seperate production from organisation. Form a production committee for a particular show, the main committee sets their boundaries (money, choice of show, expectations) and then the production committee reports back to the main committee. Accountability is an issue too...

 

Being how this is the Blue Room, I can say that you want most of your significant roles filled by production people rather than cast. I know thats a sweeping statement, but production boys and girls just get on with it, whereas cast have a tendency to flounce. You certainly want a small tight production committee, with just heads of department and the production manager. Try to stay focussed on the agenda, or the time will vanish...

 

Dicipliniary proceedings - an interesting question. If you dont have an employer / employee contractual relationship involving payment then discipline is voluntary. You will find folks who over-promise and under-deliver, and all you can do is remember that next time.

 

As a non-profit, there will be sourcing of funding available to you that a normal company cant access. Theatre gobbles money and thus aquiring funding is a never ending necessity. You will discover that funding isn't fair, but thats just the way it is. Perseverence is necessary.

 

Finally, dont lose sight of this is supposed to be fun ;) Somedays, it just isn't.

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Legally you do not have to CRB check every member of the production as this would be a) costly and b) impractical, as the slightest misdemeanor in the past could jeopardize the show.

 

Having chaperones with a valid CRB is however a must and putting in place procedures for "child handling" - who has access to child dressing rooms, what facilities are there for keeping children occupied (toys, games etc) for down times, checking with local authorities about working times etc. Make all of this available to the parents and even look into the possibility of a disclaimer.

 

The best places to look for chaperones is the Community Theatre scene and also the drama department of an Edinburgh based university.

 

Oli

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I've been involved with a few semi-professional outfits and some have been better run than others. Sadly it's very difficult to just do something for the fun and good intentions of it now and you'll find yourself forced down the professional route very quickly since the law will treat you as such. In the UK (I believe the rules are the same for Scotland as they are for Englandshire) a charity follows pretty much the same accountancy and reporting rules as a large company - ie you get no breaks from the paperwork whatsoever no matter how small it is. It really is a very difficult job indeed to negotiate all of the hurdles and you have my respect for committing to it.

 

You might well find the easiest way is to either take on a part-time paid administrator to sort out all of the paperwork and legal aspects or try and find someone with professional experience in each field who is willing to donate a couple of hours to help. The first one might be easier though, people doing freebies can be a pain in the behind.

 

And on a frivolous note I'd avoid children since, according to our local authority, everyone involved in theatre is a paedophile and must be stopped from corrupting the youths at all costs including burial underneath health and safety forms. I'd just employ midgets. (I can hear the screams of PC outrage from here).

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