Sheet 4.1. Common Conditions for Obtaining a Valid Entertainment Contractor’s Licence
I. Any person established in the national territory may engage in the activity of a live entertainment contractor subject to:
- to meet requirements for competence or professional experience (in the case of an organization, it must be justified that one or more persons within the organization have these experiences, diplomas or skills; the curriculum vitae is not considered to be sufficient supporting documentation) ;
- to declare its activity to the competent administrative authority;
- hold a receipt for the declaration of a live entertainment contractor, valid as a licence, valid (the competent administrative authority may object to the validity of the receipt if the conditions for carrying out the activity of live entertainment contractor are not fulfilled) ;
- not have been the subject of a court decision prohibiting the exercise of a commercial activity.
The applicant for the licence must demonstrate the ability to carry on a commercial activity. Failing entry in the commercial register, a certificate of honour will be required certifying the absence of a conviction or sanction prohibiting the exercise of a commercial activity. These include the prohibitions imposed pursuant to Articles 186 and 192 of Law No 85-98 of 25 January 1985 on the recovery and liquidation of proceedings, as well as all the convictions referred to in Article 6 of the Decree-Law of 8 August 1935 on the application to the managers and directors of companies of the legislation of bankruptcy and bankruptcy and on the prohibition and forfeiture of the right to manage and administer a company and by Law No 47-1635 of 30 August 1947 on the reorganization of commercial and industrial occupations.
It is thus forbidden to issue the licence to persons who have been the subject of convictions for crime but also for a significant number of offences such as theft, breach of trust, forgery in commercial writings, bankruptcy or fraud.
- be registered in the Trade and Companies Register or the Trades Register when the person is subject to this obligation ;
- respect obligations with regard to the safety of venues and social, labour and intellectual property rights.
(Articles L. 7122-3 and L. 7122-4 of the Labour Code)
II. The qualifications or work experience are as follows:
1. When the contractor is a natural person, he must be of full age and complete one of the conditions following:
- 1) Holding a diploma higher education ("bac +2" prior to the reform "LMD", BTS or DUT; or higher education diploma leading to the grant of 120 credits from the European Credit Transfer System (ECTS)) or a title of the same level registered in the national register of professional certifications (RNCP). Consult the NCPR: www.francecompetences.fr/researche_certificationprofessionnelle/
- 2) Justify a experiment professional performance of at least six months in live performance (this experience can be very varied artist, technician, administrative in live performance);
- 3) Justify a training of at least one hundred and twenty-five hours or of a set of skills, included in a directory drawn up by the Joint National Commission for Employment and Live Entertainment Training. This directory, along with the required supporting documents, is available online here.
2. Where the Contractor is an organization, the Contractor must demonstrate the presence of one or more natural persons who:
- be a member, whether an employee or not, of the organization;
- ensure effective functions within the organization in relation to the training, experience or skills identified;
- perform these functions during the entire period of this organism’s live performance (it may therefore be a person on a fixed-term contract where the organisation has a temporary activity of entertainment, provided that the duration of the contract covers at least the duration of the activity).
3. In addition, where the declaration is made with a view to the operation of performance venues set up for public performances, the reporting natural person must justify having taken training in show safety adapted to the nature of those venues, appearing in a directory drawn up by the National Joint Committee on Employment and Training in Live Entertainment (www.cpnefsv.org/accredited-training/2-directory-for-licensed-live-entertainment-activities), and the legal person must prove the presence in the undertaking of one or more natural persons fulfilling this condition. This person or persons must carry out effective functions within the organization in connection with this training and with the period of the company’s performing activity.
4. In the case of a declaring body (legal person): in the event of the cessation of duties of the person required to fulfil the conditions of competence or experience, the entertainment contractor shall inform the administration thereof, and the name and qualities of the person replacing her. This replacement must take place within one month of the departure of the person originally declared. The information to the prefect is made by modification of the teledeclaration.
The administration may, if it considers that the conditions of competence or experience are no longer fulfilled, object to the continuation of the activity and terminate the validity of the declaration – after an adversarial procedure (see sheet “controls, sanctions”).
Learn more about people with degrees/training/experience/competence:
- Within an organisation, the natural person or persons justifying the diploma/training/experience/competence must be persons exercising responsibility in the organisation in relation to the training, experience, skills or diploma required.
- Liability is a condition if the person is a legal representative of the organization.
- If the person is an employee who is not on a permanent contract (CDI), then the duration of his fixed-term contract must cover the duration of the organization’s activity as a live entertainment contractor. For example, for a festival, it will be considered valid that the person is not on permanent contract if his contract covers the duration of the festival.
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