Form 5. How can I obtain the license? Can the administration refuse my activity?
In order to work as a live entertainment contractor, you must hold a declaration receipt, valid at the time of the activity (see exceptions for the incidental activity, form 4.2 point 2).
The reform completely dematerialises the procedure relating to the activity of live entertainment entrepreneur.
The site mesdemarchesenligne.fr allows me to report my activity.
Summary of the sheet:
5.1. Obtaining a valid receipt: the principle of obtaining
To obtain the receipt, an online declaration must be made to the following address: https://mesdemarches.culture.gouv.fr/loc_fr/mcc/requests/THEAT_LICEN_declaration_00/?__CSRFTOKEN__=0733c021-13d0-49d7-82e7-04ec9de465e7
For this receipt to be valid, the administration must not have objected to it within 30 days.
The administration may object if the legal conditions are not met, and if the file is not compliant.
If the administration requests an additional dossier, the activity can only be carried out 30 days after the dossier has been brought into compliance (thus 30 days after receipt by the administration of the last compliance document).
To obtain the receipt, a return must be submitted online, which involves creating an online account for the reporting organization or person.
5.2. How to obtain the receipt: create an account to report
In advance, consult the list of items that will be requested at the time of declaration (information, attachments to scan, etc.), see: Information and documents to be supplied
Before creating a Show Entrepreneur Declaration account, it is preferable to create an account on France connect company or France connect individual : this account will be useful for all my administrative procedures (taxes, etc) and the declaration of show will be facilitated (the data recorded on France connect will be automatically taken on the form).
Then create an account on the website of mesdemarchesenligne.fr. This account will remain valid for all declarations, information, but also for other approaches to the Ministry of Culture, such as grant applications: Keep passwords and identifiers carefully.
If the account is created for an organization (association, corporation, public body or joint body) it is recommended to use a generic email address – otherwise all data will be made inaccessible if the natural person who created the account with an email address in his name had left the organization. There can only be one email address for the creation of the account, filling out the form and receiving the receipt.
Before contacting the administration in case of technical problems refer to the “questions/answers” on the site (FAQ). If the answer is not there, contact demarches.administration@culture.gouv.fr only for technical questions, if not, contact your local DRAC licensing department.
Choose the form that corresponds to the activity: entertainment entrepreneur
Follow the steps of the online form by providing the elements related to the organization declaring or to the reporting natural person, if you are an individual or have a proprietary business without a corporation (qualifications/experience/training/diploma, respect for social obligations, labour law, intellectual property, safety of venues...).
Once the form is completed (including information and attachments), validate the form:
- a web page indicates that the application is well received ; the form is automatically sent to the regional cultural affairs directorate of the main establishment (or the address of the natural person, where there is no organization);
- from this page, the summary of the declaration can be downloaded;
- from this page as well, an online “duplicate” button allows you to apply for another licence category or location (all information is duplicated, all JVs are retrieved, just change the category or items related to the location);
- then, when I finalize the step, I receive an email and two attachments on my mailbox.
Note: it is possible to make the declaration several times, a draft being memorized for 30 days (beyond, your work will be lost). The receipt will be sent by the administration only when the declarant has completed all the stages of the declaration and has finalized it and transmitted it to the administration (by validating the online form).
5.3. Clarification of Receipt, Contents and Declaration Number
The receipt consists of the email package and its attachments:
- an email;
- in PJ, the summary of the declaration;
- also in PJ, a document mentioning receipt
The Declaration Summary Attachment has the following header:
Date of the procedure: 13/12/2019
Requestor:
Beneficiary:
Reference: PLATESV-R-2019-00XXXX
Attention, the applicant and the beneficiary, in this header, correspond to the information mentioned when the online account was created; it is not necessarily the registrants who are performing artists (it may be the administrator who filled in the file, for example). The registrant is specified below under the heading “Identification of Live Entertainment Contractor”
The acknowledgement number must be indicated – under penalty of fines – on contracts, ticketing, posters, websites.... It is as follows: PLATESV-D-AAAA-000000XX (D valid for first declaration, AAAA being the year, XX the declaration number in the year) or PLATESV-R-AAAA-000000XX (R valid for "renewal of declaration").
Note, for material reasons this number can be abbreviated. In the case of a control, the obligation to register the receipt number will be considered fulfilled if the number is noted as follows: L-D-AA-XX or L-R-AA-XX
Examples:
PLATESV-D-2019-001172 can be summarized in L-D-19-1172
and PLATESV-R-2019-000839 can be noted L-R-19-839
5.4 Can the activity begin upon receipt of the receipt email?
No, the activity cannot begin at this time.
The activity can only start after 30 days and without opposition or request for compliance from the administration during these 30 days.
To be noted (see https://www.service-public.fr/particuliers/vosdroits/F32388): The administration may revoke or withdraw an implied acceptance decision if both of the following conditions are met:
- Decision is illegal
- Withdrawal or repeal takes place within 4 months of the decision being taken
However, the time requirement is not required if the decision is related to a condition that is no longer met (for example, a condition of the applicant’s age).
If the administration finds that the declaration is not in accordance with the law, it has one month to attach itself to the declarant so that I can correct my file.
It can first proceed by informal contacts (e-mails, telephone calls) or formal (Registered letter with acknowledgement of receipt). It gives the registrant time to bring the file into compliance. That time is usually 30 days. At any time during these exchanges, the declarant may submit his observations, complete the file and make contradictory arguments.
Any additions or changes to the declaration must be made in a paperless manner.
It is not necessary to re-enter the entire application - in the “account” it is sufficient to “duplicate” (electronic “button” at the top right of the screen) the form and modify the incorrect steps. At the end of the modification, the form must be validated; it gives rise to a new receipt and a new declaration number, which invalidates the previous one. You can also send your additions to the DRAC, only by email, so that these documents can be manually attached by the manager to your computerized file; in this case, there is no generation of a new number.
Please note that the 30-day time limit is again applied to each new shipment. The manner in which the declaration is completed should therefore be given the utmost attention.
Example 1:
- I declare and finalize October 15,
- no request from the administration. I can practice from November 15.
However, the administration has four months from 15 October to invalidate the tacit decision (after the adversarial procedure) if it finds that the file is not in conformity (time limit for withdrawal of an individual legal decision).
Example 2:
- I declare and finalize October 15,
- on 12 November the administration asks me for two additional documents; it gives me a deadline for giving them, for example 30 days;
- on November 22 I provide the first document and I finalize the file I receive a receipt number but there is a document missing, this number will not be valid license;
- On December 2 I provide the second document and finalize the file. I receive a receipt number; this receipt will be valid as a license and will allow me to practice in one month, on 2 January, if the administration does not object (that is to say if it considers that the additional documents correspond to what it had requested).
However, the administration has four months from 2 January to invalidate the tacit decision (after adversarial proceedings) if it finds a defect that the file is not compliant (i.e., a failure to comply with legal and regulatory obligations).
The Department of Cultural Affairs is the preferred contact for all questions about the declarations.