Beginners Call

The 4-day rule for child performance licences

A child who hasn’t performed on more than 3 days in the 6 months before a performance doesn’t need a licence for it, as long as they aren’t paid and don’t miss school. So the 4th day is fine; the 5th isn’t.

Last checked 28 October 2026

What the law says

Section 37(3)(a) of the Children and Young Persons Act 1963 says no licence is needed if no payment beyond expenses is made and, “in the six months preceding the performance”, the child hasn’t taken part in other performances “on more than three days”. The Act covers England, Wales and Scotland.

The Department for Education’s advice puts it plainly: “if a child has not performed on more than 3 days in the last 6 months, they will not need a licence for performance on a fourth day.” Once they’ve performed on 4 days, any further performance needs a licence, whatever kind of show those days were.

What counts

  • Days, not performances. A matinee and an evening show on the same day are one day.
  • Every show. Days under a licence, under another group’s BOPA, or under the 4-day rule all count.
  • A rolling window. It’s the 6 months before each performance day, so old days drop off as time passes.
  • Only shows the Act covers: a charge for admission, premises licensed for alcohol, or broadcast or filmed. School shows arranged by the school are exempt anyway.

When you can’t use it

  • The child is paid (beyond expenses). Then a licence is needed.
  • The child would miss school. The DfE says that then “this exemption cannot be relied upon: a licence will be required”. Weekend and holiday shows are fine.

What still applies

The rules on hours and breaks still apply to 4-day-rule performances. In England a child under 5 can be at the venue from 7am to 10pm, and an older child from 7am to 11pm, with set breaks (regulations 20 to 24). And the producer “should have reasonable grounds for believing the child has not performed on more than 3 days”, so ask each parent in writing.

Many councils still want to hear from you

The Act doesn’t make you tell anyone, but plenty of councils ask: Surrey wants an exemption form two weeks ahead, Lancashire and Cornwall a notification 28 days ahead, Sheffield must approve the exemption before any child performs, and Leicestershire wants every child registered 21 days ahead. Check your council’s page.

A worked example

Maya danced in a festival on 14 and 15 June. Your panto runs 10 to 14 December. On 10 December her window goes back to 10 June, so 2 days count: she’s fine. 11 December: 3 days, still fine. 12 December: 4 days already, so she needs a licence for the 12th, 13th and 14th. In practice you’d apply for one licence covering the run.

Questions

Do rehearsals count towards the 4 days?

The rule counts days the child took part in performances. Rehearsals before the first performance aren’t covered by licensing at all; rehearsals during a licensed run are treated like performances under the licence.

Does the 4-day rule apply in Wales and Scotland?

Yes. It’s in section 37 of the 1963 Act, which covers England, Wales and Scotland. Each nation has its own regulations on hours and breaks.

Do I need to tell the council if I rely on the 4-day rule?

The Act doesn’t require it, but many councils ask for an exemption form or notification, some 28 days ahead. Check your council’s page.

Does a child need a chaperone under the 4-day rule?

The chaperone rule in the regulations applies to licensed children. Some councils still expect a chaperone or guardian (Somerset and Sheffield say so), and Kent advises enough adult supervision at all times.

Sources

Beginners Call is an information tool, not legal advice. It reads the law the way the Department for Education’s advice does, but your council makes the decision. If in doubt, ask them.