Nuts & Bolts of Starting a Performing Arts Company

Transcription

1 Nuts & Bolts of Starting a Performing Arts Company Charlotte Jones, Chief Executive Thea Stanton, Communications Co-Ordinator Zoe Bateman, General Manager

2 Who are ITC? The Independent Theatre Council represents, supports and develops the professional performing arts in the UK. We are a community of over 450 companies and producers. Good art thrives on good management

3 Who are our members? ITC membership is for organisations of all sizes and stages of development. Our members are spread across the UK, working in drama, dance, opera and musical theatre, mime and physical theatre, circus, puppetry, street arts and mixed media.

4 As ITC members we recognise That the performing arts have the power and potential to change lives and should be available to the many not the few. That the performing arts thrive when people are put before profit. The value of belonging to a community of performing arts professionals sharing and learning together.

5 ITC offers its members: Management and legal advice A strong voice for the UK performing arts sector Training & personal development services DBS disclosure service Networking and information exchange Access to online helpsheets and resources

6 PLANNING ITC Member Theatre Alibi Photographer Steve Tanner

7 Little Red Riding Hood Business Plan Stay bright and visible Stick to the path Make sure there is plenty of good stuff in the basket Know who you are getting into bed with Granny or wolf? Don t wait for the woodcutter he s not coming!

8 RESEARCH / MONITOR ACTION SET AIMS & OBJECTIVES DECIDE STRATEGY

9 LEGAL STRUCTURE ITC Member Mimbre Photographer Steve Eggleton

10 What is the point of having a legal structure? Gives your organisation a legal identity and protects your name Enhances credibility Provides a framework Can give some financial protection Funding bodies/venues will prefer to deal with a company rather than an individual

11 Company Limited by Guarantee Members guarantee 1 if company fails The company, not the individuals who run it, enters into contrast, employs people, incurs debts etc. Structure suitable for non-profit distributing company

12 Structures with Individual Liability Sole Trader: Individual issues contracts and is liable. Partnership: One partner issuing a contract binds the others. One partner can be sued for the whole of the partnership s depts. Unincorporated Association: Have a constitution and rules but not company status.

13 Other Company Structures Limited Company with Share Capital for commercial organisations who will to raise funds from shareholders / investors Community Interest Company (CIC)- combines enterprise and social welfare. This structure cannot become a charity Charitable Incorporated Organisation (CIO) report to the Charity Commissioner and not Companies House

14 Charitable Status Charitable status is not an organisation structure Benefits of charitable status: Fundraising Credibility Tax benefits However, the company is then run by a volunteer board, who can t be paid employees and you will need to report to the Charity Commission.

15 ITC Member Blue Apple Theatre Photographer James Yeats-Brown FINANCE

16 Finance Essential to keep on top of your finances Plan and budget your finances like you plan everything else Limited companies must submit accounts to Companies House annually You can be made bankrupt if you owe 750 and are unable to pay

17 Tips Make one person responsible for finance Send that person on an ITC finance course Make sure your team understand the budget they are be working to Include a contingency (5-10%) Print/file all income and expenditure records neatly and keep ALL receipts

18 FUNDING ITC Members 20 Stories High Photographer Robert Day

19 Arts Funding Box Office income Fees from venues Other activities e.g. workshops Programme & merchandise sales Sponsorship Arts Council Local Government Lottery Other government departments: e.g. education / health British Council Trusts and Foundations Donations from individuals Theatre Tax Relief (TTR) Investors

20 Common Mistakes When Writing Funding Applications Not understanding the requirements set out by the funder Failure to follow the instructions Sending too much irrelevant information Poor presentation Fundraising is about building relationships, so remember to say thank you after they give you the money.

21 CONTRACTS Members Earthfall Photographer Catherine Gomez

22 What is a Contract? A contract is an legally binding business agreement between two or more parties involving some form of exchange.

23 When does a contract exist? Offer Acceptance Consideration: There must be an exchange. Mutual Intention: Both parties must intend to create an agreement which is legally binding and agree to the terms and conditions.

24 What should a contract contain? Introduction: The parties, date of agreement. Exchange: What, how much? Terms & Conditions: How, where, when? Watch for clauses that try to avoid responsibility. Ways out: What if something goes wrong?

25 When is a contract broken? By agreement: End of fixed term, agreed notice, conclude when a specific act has been performed. Breach: If a party does not fulfil their obligations Frustration: A Contract can be frustrated by events which are outside the control of the parties.

26 EMPLOYMENT LAW ITC Members Oily Cart Photographer Neal Houghton

27 Employer s Responsibilities As soon as you start to have people working for your organisation you will need to be aware of your legal obligations towards them. You may have employer responsibilities whether or not you pay your workers.

28 Employee or Freelancer Employment legislation does not generally cover selfemployed people because they are, in effect, their own boss. HMRC s website can help you decide if someone is an employee or freelancer.

29 Recruitment Equal Opportunities: It is against the law to discriminate on grounds of sex (including pregnancy), marital status, gender reassignment, race or ethnic origin, disability, sexuality, religion or age. Police Checks: If working with children or vulnerable adults you may need to carry out DBS checks. Permission to Work in the UK: It is a criminal offence to engage someone who doesn t have the right to work in the UK.

30 At Work National Minimum Wage Working Time Regulations Time Off: holiday pay, sick pay, parenting leave Data Protection Health & Safety Insurance Tax & National Insurance Pensions

31 Disciplinary, Dismissal and Grievance Procedures It is unfair and illegal to simply dismiss and employee. A disciplinary procedure provides levels of warning, defines actions that amount to gross misconduct and provides a channel for communication.

32 MARKETING ITC Members Two Destination Language Photographer Alex Brenner

33 Creating a Marketing Plan Identify your potential audience groups (useful site: the Audience Agency) Draw-up your key messages Create a timeline of activity Put together a budget, including a contingency.

34 Marketing Tips Make it easy for your audience There is a lot you can do for free Keep an eye out for good ideas. The Arts Marketing Associations Try out different tools and monitor their success

35 Legal Issues Relating to Marketing GDPR: The law is there to project people s privacy. Advertising law: Adverts must not mislead by inaccuracy, ambiguity, omission or exaggeration. Quoting Critics: You cannot mislead or mis-attribute quotes.

36 COPYRIGHT ITC Members Curious Directive

37 What does copyright mean? Intellectual Property Law makes it possible to own products of the mind and prevents use without permission. Copyright comes into being automatically but there must be originality, skill and effort. An adaptation or re-arrangement of another work can have original copyright. The work must be recorded. Copyright lasts for 70 years from the end of the year of the Author s death

38 How do I get to use the work? Assignment: The Owner sells all or part of the Copyright, giving up their own rights. An assignment of Copyright must be made in writing. License: The Owner retains all their rights in the work. It is possible to licence many people to use Copyright in the same work simultaneously or to grant an exclusive licence to one licensee.

39 QUESTIONS ITC Members Gecko Theatre Photographer John Zhang