Luminate, Scotland’s creative ageing festival

1 – 31 October 2015

Taking part in Luminate – Frequently Asked Questions

CONTENTS:

1. TAKING PART IN LUMINATE Page 22. INSURANCE, LICENCES, OTHER GUIDELINES Page 33. RUNNING YOUR EVENT Page 8

Please note: this information is intended to provide only an overview of some of the issues that may affect participants. Luminate cannot accept any responsibility for any action taken in reliance on this information and independent advice should be sought and taken.

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1. TAKING PART IN LUMINATE

Why should my group or organisation take part?You will be a part of a national festival and will benefit from additional promotion at a national level as part of Luminate. You will also be offered exclusive chances to engage with other people and organisations working to develop arts and creative activities by, with and for older people.

All event organisers will be invited to attend two exclusive networking events, open to Luminate participants only. These sessions will offer the chance to hear from other Luminate participants about their approach to considering themes of ageing and working with older people and will provide an opportunity to share ideas about developing work in this area with other groups taking part in the festival from around the country.

See the Guidance Notes on how to take part for more information.

What publicity might my group expect?Your event will be listed in a brochure that is distributed nationally, and the festival will have an extensive marketing, media and online promotional campaign. Luminate will provide a marketing pack and materials to help you promote your event. However, please note that Luminate cannot commit to promoting individual events, and you should have your own plans in place to promote your event locally.

If I submit a proposal to be a part of Luminate, will I get any additional funding for the event?No. However, you will get additional promotion of your event through our brochure and website as well as the marketing and media campaign.

What types of event will the Luminate programme be made up of?Information on the types of events, projects and activities that will be considered for the Luminate programme and details of the eligibility criteria are available in the Guidance Notes.

My group hasn’t got a constitution, but would like to take part. What should we do? If you are a group applying to be part of Luminate, you will need to be constituted. This means that you have a written document, or ‘constitution’, setting out how your group will be run. A constitution includes details about what you do, who can join, how the group will manage its money etc. It does not need to be complicated, and there is lots of advice available:

A Short Guide to Constitutions, Scottish Arts Council, published 2009 can be found at:www.scottisharts.org.uk/1/information/publications/1000295.aspx (to order in hard copy call Creative Scotland on 0330 333 2000)

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Scottish Council for Voluntary Organisations: http://www.scvo.org.uk/setting-up-a-charity/write-your-constitution/(tel. 0131 474 8000)

Voluntary Arts Scotland: www.voluntaryarts.org/basic-page/scotland/(tel. 0131 225 7355)

I am an individual artist but would like to take part. Can I?Individual artists can apply as long as all the legal requirements are addressed.

If our event is not open to the public, can we still take part?Yes. Luminate includes events that are open to the public, and also events with groups such as lunch clubs and care homes that are therefore not open to visitors.

Events that are not open to the public will be part of Luminate’s Outreach programme, for which no dates or contact details are listed. See the Guidance Notes for more information.

What kind of contract will I be asked to sign with Luminate?The contract will confirm the commitments that Luminate makes to you, as well as those that we ask you to make to Luminate. This includes having sufficient funds in place, fulfilling all the necessary legal obligations, and including the Luminate logo in all print that has not already been produced.

If we are not able to distribute Luminate printed publicity, will it count against us?No, it is not a factor in choosing who will be in the programme. It is helpful to us to know if we have a local advocate for the festival.

Where can I find more information?Additional information about submitting a proposal to be part of Luminate 2015 can be found in the Guidance Notes document. For more information about the festival and previous years’ programmes visit www.luminatescotland.org.

2. INSURANCE, LICENCES, OTHER GUIDELINES

What are the necessary licences/insurances that I need to have in place to ensure the safe and legal delivery of my activity?Depending on what you do you will need some of the following:

Public Liability insurance Employers’ Liability insurance Public entertainment licence Copyrights for works to be performed, e.g. play or musical

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Performing Rights Society (PRS) licence for music performed Phonographic Performance Limited (PPL) licence Data Protection registration, unless you are exempt

More information and suggested contacts for further advice are below. Contact your local authority for details of local licensing requirements.

Light as A Feather, All or Nothing Aerial Dance Theatre aerial dance workshops with Scottish Ballet’s Regenerate group, Tramway, Glasgow, Luminate 2014, Image: Eoin Carey

Insurance

What is Public Liability insurance and why do I need it?Luminate requires all groups and organisations taking part in the festival to have Public Liability insurance in place for their event to a minimum level of £2million. Public Liability insurance covers you for any damage to property or injury to individuals who attend your event. For example, if an audience member trips, falls and injures herself, this insurance will cover the costs of any compensation plus the legal fees.

What level of Public Liability insurance will I need?We require all groups and organisations that take part in Luminate to hold Public Liability insurance to a minimum level of £2 million, but insurers may also offer higher levels than this, sometimes up to £5 million. Seek guidance from the insurer as to what best suits your activity.

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I am using a venue that does not belong to my organisation. Does the venue need to have public liability insurance too?Yes, both your organisation and the venue should hold Public Liability insurance policies to a minimum level of £2 million. You should check that this is in place at the venue before the event.

Do I need Employer’s Liability insurance?Employer’s Liability insurance covers you for any injury to people who are working on your event, including volunteers. If anyone is working for your group on the event, even in an unpaid role, you should ensure that you have Employer’s Liability insurance in place.

Can I purchase Public Liability and Employer’s Liability insurance together?Yes, some insurers will offer a package that covers both Public Liability and Employer’s Liability insurance.

Public Entertainment Licence

What is a public entertainment licence?If your premises are used as a place of public entertainment you must hold a public entertainment licence. If you are running an event in a venue that is owned or run by another individual or organisation, you should check that they have the appropriate licence(s) in place for your event.

The terms of a Public Entertainment licence are limited, so if your event includes any special requirements, e.g. pyrotechnics, firearms, animals, late performance times, you should check these with the venue manager and ensure the local council is notified in case an inspection is required.

My event is free. Will I need a public entertainment licence?Due to a recent change in public entertainment licensing, local authorities in Scotland are able to license free events if they wish, but there is no requirement for them to do so. Check with your local authority.

How do I get a public entertainment licence?Contact your local authority for information on whether you need a public entertainment licence and how to apply. Applications may be subject to a fee and you should check the likely timescale of the process with your local authority to ensure licences are in place before your event.

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Copyright

What is copyright and how do I get it?Copyright applies to all artforms and media, for example musical works, literary works, dramatic works, dance productions, visual art works, recordings, screenings and broadcasts. If you will be performing or adapting a work that is under copyright, you must get permission from the artist or his/her agent or publisher and it is important that this permission is given in writing.

The length of time a work remains under copyright varies depending on the artform/medium. It is up to you to find out your legal obligations and, if necessary, to pay the appropriate copyright fees. Fees can be charged in different ways, for example a flat rate or a percentage of ticket income.

More information about copyright can be obtained from the Intellectual Property Office atwww.ipo.gov.uk/types/copy.htm (tel. 0300 300 2000.)

PRS

What is PRS and why do I need to contact them?The Performing Right Society is the United Kingdom association of composers, songwriters and music publishers that collects royalties on behalf of its members whenever their music is played, performed, broadcast or reproduced. Any show or event during Luminate that includes music of any kind may be liable to pay a PRS fee. For more details, please visit www.prsformusic.com/Pages/default.aspx (tel. 0845 309 3090.)

If you are using a venue that is not your own, it may be that the venue will hold an appropriate licence, however it is your responsibility to check this.

The PRS does not license the performance of complete musical works like musicals or operas. If you intend to perform a complete musical work that is still in copyright, you will need a licence from the composer/lyricist or the publisher. See the information on copyright above.

PPL

What is PPL and when would I need this?Phonographic Performance Limited (PPL) is the copyright on a recording of music separate to the copyright on the musical work itself. PPL is the UK record industry’s royalty collection body, and licenses the playing in public of a sound recording. If you play recorded music or music videos in public, you will almost certainly be legally required to have a PPL licence.

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If you are using a venue that is not your own, it may be that the venue will hold an appropriate licence, however it is your responsibility to check this. To get a PPL licence, you will need to go to the PPL website at: www.ppluk.com (tel. 020 7534 1070.)

Data Protection Requirements

What is data protection and does it affect me?If you handle personal information about individuals – for example if your audience members give you their personal details (e.g. address and phone number) when you sell them a ticket –you have a number of legal obligations to protect that information under the Data Protection Act 1998.

The Data Protection Act 1998 requires every organisation processing personal data to notify with the Information Commissioner’s Office, unless they are exempt. More information, including the criteria for exemption, is available from the Information Commissioner’s Office, www.ico.gov.uk/for_organisations/data_protection.aspx (tel. 0131 244 9001.)

The Falkirk Cabaret, a singing project with choir leader Stephen Deazley for older people’s groups, Falkirk Town Hall, Luminate 2014, Image: Drew Farrell

3. RUNNING YOUR EVENT

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Running your events safely

What do I need to do about health and safety?The Health and Safety Executive provide clear and helpful advice on their website but do not provide general health and safety advice by phone. See www.hse.gov.uk/event-safety/running.htm for advice on your responsibilities if you are running event.

A risk assessment should be carried out to assess how people might hurt themselves at your venue, and to identify ways of minimising any risk. This should include a strategy for dealing with fire.

At www.hse.gov.uk/simple-health-safety/manage.htm you will find advice on carrying out a risk assessment, including templates to help you.For more detailed advice on fire safety, see www.scotlandfiresafety.co.uk, tel. 0141 569 5210.

Children and Vulnerable Adults

What do I need to think about if my project involves children/young people, or vulnerable adults?If your activity includes children or vulnerable adults, the artists or project leaders involved may need a disclosure.

The Protecting Vulnerable Groups (PVG) scheme ensures people working with vulnerable members of society (in this instance children and protected adults) are not currently barred from doing so. A protected adult is defined as being someone over the age of 16 who is provided with a care, support or welfare service. Many older people taking part in Luminate would be considered protected adults.

Further information is available through Disclosure Scotland at www.disclosurescotland.co.uk (tel. 0870 609 6006.)

You should also consider any other actions that might be required to safeguard the children or vulnerable adults you are working with. Creative Scotland’s publication Creating Safety is a good starting point: http://www.creativescotland.com/__data/assets/pdf_file/0016/21373/Creating-Safety.pdf (to order a hard copy call 0330 333 2000). This publication focuses on children, but please remember that you need to give similar consideration to vulnerable adults.

Accessibility

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How do I make sure my event is accessible to as many people as possible?It is important that Luminate events are accessible to all, and that the needs of people who are Deaf or disabled are met. A great many older people are fit and active but some may have specific access needs that need to be considered, and of course Deaf or disabled people of any age may attend your event.

Accessibility includes issues of physical access, but also considerations such as the time your event takes place. Please read the Access Guide for more information about accessibility and the issues you’ll need to consider, from physical access, to ticket pricing and the timing of your event. Where appropriate, you should take further advice relating to your own event to ensure that your activity is as accessible as possible.

If our venue is not accessible for wheelchair users, can we still take part?Please consider using an alternative venue that is accessible. While we will not automatically turn down any event on the basis of issues with accessibility, it is Luminate’s aim to be an example of good practice. If your venue is integral to the activity, please think of other ways in which your event can be made accessible to a wider audience and give details on your proposal.

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