Under 16 Work experience and the Law

[timsabre]

Not allowed definition. It is illegal for any under 16 to work in a theatre without a license.

 

Although didn't you say in post #8 above that this appears to depend on the local authority's byelaws (I might be misreading it)?

There certainly seems to be a wide variation in what councils will allow, and if it is a local byelaw then it may or may not be illegal depending on where you are. In the good ol' East Riding of Yorkshire this does not appear to be law as far as I can determine, and I know the council's venues do not enforce it. Though this could also be down to ignorance.

[Brian]

Although didn't you say in post #8 above that this appears to depend on the local authority's byelaws (I might be misreading it)?

Except that the Law in this case appears to be the Children's Act which, by being a Statute, establishes criminal law and, whilst local byelaws can in certain circumstances create a criminal offence, they cannot over-ride Statutes.

[kerry davies]

The East Riding council may well be a "Body Of Persons" and be using the new guidance regarding performing young people.

 

Most of the "guidance" issued by DfE is statutory guidance, that is, a legally binding instruction. This is the latest 2013 guidance on Child Employment.

 

And this is a current walk-through guide that is useful.

[Junior8]

In actual fact the majority of local bylaws controlling children in theatres are made under the provisions of sections 18 and 20 of the Children and Young Persons Act 1933 & 1963 as amended but in most cases there is an absolute prohibition on any child being employed in a cinema, theatre, discotheque, dance hall or night club, except in connection with a performance given entirely by children. In the East Riding the prohibition is that they may not work (whether paid or not) In a cinema, theatre, discotheque, dance hall or night club (unless the child is licensed to perform there). Contrary to what Kerry said I don't think the council itself can be a body of persons since this exemption is really designed to prevent the need for amateur groups to apply for licenses for children in what are purely amateur shows. It is though a very useful exemption. Nothing in any national guidance prevents any local authority enforcing its own regulations by means of bylaws - though in essence most use the model as a guide. It's interesting to note though that the government comments inter alia that: "In DCSF’s view a byelaw in this form would prevent children working in the box office or in a kiosk, or indeed a franchised coffee shop in a cinema or theatre as this could result in unsupervised access to an inappropriate production or event."

 

The fact that these regulations may be routinely ignored - as when I was in education they were almost invariably when it came to part time work by older children - doesn't mean they won't be enforced should anything go wrong.

[Simon Lewis]

Perhaps some evidence that the licencing rules for the protection of children do get enforced, but things can still go wrong.... Concordia Theatre

[paulears]

I think my own confusion comes from not knowing if the prohibition is a result of the bylaw, or by the Act itself. I've read the available versions of the Act, and that's not easy as it's been amended and updated so many times, but I cannot see the prohibition specifically mentioned. Indeed, the Act seems to have very few absolutes, but clearly defines the local authorities as the power, who then use their bylaws to enforce it.

 

It seems (at least to a legal layman like me) that the Act says Children must be kept safe, and the local authorities have this duty. The local authority then use their legal powers to make it happen.

 

So kids cannot work in theatres.

 

I looked up bylaws and it does seem pretty cut and dried

In the United Kingdom, byelaws are laws of local or limited application made by local councils or other bodies, using powers granted by an Act of Parliament, and so are a form of delegated legislation. Some byelaws are made by private companies or charities that exercise public or semi-public functions, such as airport operators, water companies or the National Trust.

At present, because byelaws create criminal offences that can be prosecuted in magistrates' courts, they must be approved by central government before they can come into force. However, there are plans to make offences against byelaws punishable through the use of fixed penalty notices, and to remove the need for local council byelaws to be centrally approved.

 

So if you have a 15 year old working for you in your theatre, it's illegal - and ignorance isn't a defence if it goes wrong.

[Junior8]

I think my own confusion comes from not knowing if the prohibition is a result of the bylaw, or by the Act itself. I've read the available versions of the Act, and that's not easy as it's been amended and updated so many times, but I cannot see the prohibition specifically mentioned. Indeed, the Act seems to have very few absolutes, but clearly defines the local authorities as the power, who then use their bylaws to enforce it.

 

I suspect this is all historical dating from the days when control of public performance and such like - outside the script approval of course - was down to local Watch Committees and the Brewster Bench. I understand there was considerable variation in the regulation of child entertainers from one borough to another.

 

The issue that has concerned for years though is the lack of detail about the regulations in local authority guidance booklets. Several mention a prohibition for 'pubs and clubs' only when the byelaws include theatres and other premises. Anybody who relies on some of these booklets only could well find themselves in contravention of the law.