Sheet 8. Controls and sanctions
In addition to judicial police officers, the inspection officers of the labour inspectorate mentioned in the article as well as the inspection officers of the social security organizations are entitled to establish the infringement of the illegal practice of the profession of entertainment contractor (Article L. 7122-16 of the Labour Code).
The competent administrative authority may object to the continuation of the activity and terminate the validity of the declaration if the employer’s obligations under this Code are not met, by the social security system or by the provisions relating to the protection of literary and artistic property as well as obligations regarding the security of performing venues (Art. L. 7122-7).
The authorities and bodies concerned shall communicate to the competent administrative authority to issue the declaration receipt all information relating to the situation of the performance contractors in relation to the obligations mentioned above (Art. L. 7122-8).
Judicial police officers and officers, the inspectors and inspectors of labour and the supervisory officers of the social security organizations are entitled to ascertain the infringement characterized by the exercise of the activity of contractor of performances without valid receipt valid and the violations of the regulations application.
In order to facilitate the investigation of the procedures for withdrawal of the show contractor’s licence, professional secrecy is waived (Art. L. 7122-8 supra). The authorities and bodies responsible for monitoring the application of labour law, social security and literary and artistic property are authorized to communicate to the regional directors of cultural affairs, competent authorities by delegation of prefects, any information relating to the situation of show entrepreneurs with regard to their obligations.
Communication to the prefect of the findings of the labour inspections: On their report, the regional director of enterprises, competition, consumption, The Labour and Employment Inspectorate shall inform the Prefect of the Region of any deficiencies noted by the inspection officers of the Labour Inspectorate (Art. R.7122-29).
The mayor, the social security agencies and the director general of Pôle emploi report to the prefect of the region the shortcomings noted by their agents in the context of their missions (Art. R.7122-29).
Where it is found that a person, natural or legal person carries out the activity of live entertainment contractors:
- without holding the valid activity declaration receipt;
- or without meeting the conditions of experience or competence, or without having informed the administration (if it is established outside France),
the prefect of the region shall inform the person concerned in writing of the proposed sanction, bringing to his knowledge the alleged breach and inviting him to submit his observations within one month.
It shall specify in that notification that the person shall have one month in which to submit his written observations. He informs her of the penalties incurred and that she may examine the documents in the file and be assisted or represented by any counsel of her choice. The contractor may request to be heard by the regional prefect. (Art. L. 7122-16 and R. 7122-27).
At the end of this period, the competent administrative authority may, by reasoned decision (Art. L7122-16):
- 1. Impose an administrative fine of up to €1,500 for a natural person and up to €7,500 for a legal person;
- 2) Subject the fine to a periodic penalty payment in the event of non-payment of the fine. The periodic penalty payment ceases to run on the day the situation is regularised;
- 3) Order the closure, for a period not exceeding one year, of the establishment or establishments of the contractor used to commit the offence.
The maximum fine shall be doubled in the event of a further breach of the same nature within two years of the date of notification of the fine in respect of a previous breach of the same nature.
Subject to the secrets protected by law, the sanctions referred to in this Article may be accompanied by a measure of publicity which need not be specifically justified.
In determining the amount of the fine or the duration of closure of an establishment, the competent administrative authority shall take into account the circumstances and gravity of the infringement, the conduct of the person responsible, in particular his good faith, his resources and his charges.
The decision shall be taken on the basis of a report on the failure to fulfil obligations submitted to the competent administrative authority by the supervisory bodies (see above).
The limitation period for the action of the competent administrative authority for the sanction of the breach by an administrative fine or the closure of an establishment shall be two years from the date on which the breach was committed.
An administrative fine of not more than €800 for a natural person and of not more than €2,000 for a legal person may be imposed for failing to bear the declaration receipt number on the means of communication or the ticket office or contracts valid license. The sanction procedure is the same as above (adversarial procedure between the regional prefect and the contractor).