Live Performance Support Scheme: Phase 3 - Guidelines

This scheme is now closed for applications

• applications will be invited for grant funding under this scheme from 20 December 2021
• the application form will be made available on the department’s website at 1pm on Monday 20 December 2021 and the scheme will close for applications at 1pm on Wednesday 19 January 2022
• applicants can make only one application under this scheme
• only one application may be made per programme of events (for example: venues including nightclubs, promoters, producers cannot make separate applications for the same production)
• the scheme is to support events due to be staged in December 2021 and January 2022 which had to be curtailed, cancelled or rescheduled due to the imposition of restrictions on audience capacity at live performances to 50% of seated capacity, or where pre-production costs of at least 60% of eligible costs, arise during the period December 2021 to January 2022
• successful applicants will be provided with up to 100% of their eligible production costs

Please note:

• this Scheme will operate with a fund of €20 million and it may not be possible to allocate funding to all eligible applicants. Should demand exceed this amount, an increased allocation may be sought by the Minister from the COVID Contingency Fund
• the department will consider applications strictly in order of receipt and late submissions will not be considered
• applications will be assessed in order of receipt and offers of grants will be made on a rolling basis until either the fund is exhausted or all eligible and successful applications have been offered grants

The COVID-19 crisis continues to have an impact on those in the arts and culture sectors. Building on the success and exceptional demand for the Live Performance Support Scheme 2021 (LPSS 2021), a further strand of the scheme is being made available called the LPSS 3. This is in response to the introduction of restrictions on live performances which, from 20 December 2021 are capped at 50% of seated capacity, with no indoor events after 8pm. The objective of this scheme is to co-fund production costs for venues, including:

• nightclubs
• promoters
• producers

to programme live events in order to generate employment opportunities for artists, musicians, performers and crews.

This scheme will support events due to be staged in December 2021 and January 2022 which had to be curtailed, cancelled or rescheduled due to the imposition of restrictions on audience capacity in live performance to 50% of seated capacity, with all indoor events concluding by 8pm.

In addition, events where pre-production costs of at least 60% of eligible costs, for events originally planned to take place between February and June 2022, arise during the period December 2021 to January 2022 will also be funded.

Please note: productions funded under LPSS Strand 2 (Seasonal Musical Theatre and Pantomime) are not eligible for funding under LPSS 3.

The aims of this support scheme are to:

• support the generation of high quality live performance output for the general public
• provide employment opportunities for professional artists, musicians, performers, crew and other staff members involved in live performances

Applicants should carry out a detailed assessment of their activities with regard to the continuing public health measures and guidelines. Based on their assessment, applicants should determine if they will be in a position to operate safely and in line with public health measures at all times.

Who is eligible to apply

Please note: Successful applicants for Pilot LPSS and/or LPSS 2021 are deemed to have already demonstrated their track record (no further information in relation to track record or turnover is required in that regard for an application for this scheme).

• established producers, promoters and venues, including nightclubs that produce live performances
• existing LPSS grantees must be fully compliant with your existing Service Level Agreement and draw down procedures
• if not an existing fully compliant LPSS grantee, the applicant must have a proven track record of the staging of performances undertaken in 2018 and 2019
• if not an existing fully compliant LPSS grantee, the business must have VAT-exclusive turnover generated in this State of €100,000 or above per year for 2018 and 2019 in order to be considered under this scheme
• planning to stage live performance/s, or where at least 60% of eligible production costs arise during the period December 2021 to January 2022, which had to be cancelled, curtailed or rescheduled
• the business must be located in the State and turnover eligible for this scheme
• the business must be tax compliant

Who is not eligible to apply

Ineligible performances/events include the following:

• venues, including nightclubs, producers, promoters in receipt of funding from another public body towards the production costs of the event(s) for which the application is being made
• venues, including nightclubs, producers and promoters who do not have 2 years track record during 2018 and 2019 in producing in live performances
• venues, including nightclubs, producers and promoters who do not have VAT-exclusive turnover of €100,000 or above as a result of live performance for 2018 and 2019
• productions funded under LPSS 2 (Seasonal Musical Theatre and Pantomime) cannot apply for funding for those productions under LPSS 3

The grant will cover up to 100% of eligible production costs, net of any box office or other revenue, up to a maximum grant of €500,000 regardless of total eligible production costs.

Event conditions

As part of the application process, applicants will also be asked to provide the following information:

A declaration that one of the following applies to the production for which the application is being made:

• the event had to be cancelled due to the restrictions
• the event had to be curtailed (for example: run at max 50% seated capacity due to the restrictions)
• the event had to be rescheduled due to the restrictions, and the grant being applied for is in respect of eligible production costs incurred in December 2021/January 2022 for events planned to be staged before the end of June 2022
• the event is due to take place after January 2022 but pre-productions costs of at least 60% of eligible production costs arise during the period December 2021 to January 2022
• please note that evidence will be required that the production/s for which an application is being made were either advertised, on-sale or in pre-production on 1 December 2021
• confirmation that all performances are predominately artist-led in nature and the majority of the production costs are being incurred in December 2021/January 2022 and can be demonstrated via matured liabilities

Details of proposed performance/s, as follows:

• number of performances/shows planned in total of live production
• location of performance
• proposed dates of performance
• estimated cost of production

Please note:

Only one application per event/programme can be submitted.

Funding is based on providing a contribution to eligible costs related to the creation / production of live performance/s, to be staged in December 2021 and January 2022 or for productions where at least 60% of their eligible production costs arise in those months, which will include:

• venue costs per event

Contracts for service for:

• artists' wages and fees
• technical crew wages and fees
• creative team fees
• production technical costs - set build/rehearsals
• technical equipment hire
• management costs (incl. promoter / producer fees)
• health and safety / security
• intellectual property costs/royalties
• per event insurance
• marketing and promotion

Notes:

Only costs for Contracts for Service should be included. Contracts of service are not eligible costs for this scheme. Where contracts for service are to be used, the public procurement procedures should be followed.

The following costs will not be eligible for reimbursement under this scheme:

• purchase of equipment
• local authority rates
• contracts of Employment not relevant to the production
• legal and accountancy fees
• annual insurance costs (with the exception of per event insurance)

Notes:

• contracts of service are not eligible costs for this scheme
• only eligible production costs net of any box office or other revenue can be considered for this scheme
• grant payments will be made based on paid invoices submitted (matured liabilities basis)
• the department may provide prefunding of up to 50% of the grant offered as a prepayment, if requested.
• where an applicant is not eligible to reclaim VAT for their project, this will be recoupable

Timing of scheme

The Scheme will open for applications at 1pm on Monday 20 December and remain open until 1pm on Wednesday 19 January 2022. Applications after this date will not be considered.

Procurement

All organisations in receipt of grant assistance must comply with public procurement guidelines.

Acknowledgment of funding

Project promoters will be obliged to acknowledge the department's assistance in:

• annual financial statements for each year the grant is in payment
• where possible publicity material by inclusion of the Department of Tourism, Culture, Arts, Gaeltacht, Sport and Media logo on their website / programmes / posters/ social media posts relating to performances should also refer to the department’s funding and a written acknowledgement included in all reports/publications and other promotional materials

All venues, artists, musicians, performers and crew members participating in events funded under this scheme must be informed that the event is funded under this Scheme and must be paid for their services.

• all applications for funding under this scheme received by the department by the closing date will be assessed to ensure eligibility
• successful applicants for this scheme will receive an offer in principle of grant, subject to sufficient funding being available. Eligibility does not guarantee an offer of funding
• successful applicants will be required to sign a Service Level Agreement (SLA) which will set out the relevant conditions of the grant. Failure to comply with all conditions may cause all or part of the grant to be withdrawn/withheld
• successful applicants will be required to provide a copy of their most recent set of audited accounts when returning the signed Service Level Agreement (SLA) in order for payment to be released
• upon receipt of the signed SLA and accounts the department may make a pre-payment of up to 50% of the grant to applicants that have indicated a preference to receive this advance should they be successful, the balance will be paid on the basis of matured liabilities evidenced by paid invoices as set out in the SLA

Grantees will be required to comply with the highest standard of transparency and accountability as documented in the Department of Public Expenditure and Reform Circular 13/2014 - Management of and Accountability for Grants from Exchequer Funds

The information provided in this document is intended to give applicants an understanding of the process by which applications for assistance are assessed and approved and does not purport to be a legal interpretation.

Freedom of Information Act 2014

Under the Freedom of Information Act 2014, details contained in applications and supporting documents may, on request, be released to third parties. If there is information contained in your application which is sensitive or confidential in nature, please identify it and provide an explanation as to why it should not be disclosed. If a request to release sensitive information under the legislation is received, you will be consulted before a decision is made whether or not to release the information. However, in the absence of the identification of particular information as sensitive, it could be disclosed without any consultation with you.

Audit

The department reserves the right to carry out an audit of expenditure or conduct inspections from time to time. In addition, the Office of the Comptroller and Auditor General reserves the right to inspect documentation as per conditions in D/PER Circular 13/2014 as referred to under Section 8 above.

Publication

Details of individual awards will be published on the department's website including, the name of the grantee; region in which the beneficiary is located; grant amount expressed as full amount in national currency; granting authority; date of granting.

Data Protection

See here for data protection in relation to the department

Disclaimer

The Department of Tourism, Culture, Arts, Gaeltacht, Sports and Media shall not be liable to the applicant or any other party for any loss, damage or costs of any nature resulting directly or indirectly from the application or its subject matter or the department’s rejection of the application for any reason.

The department, its servants or its agents shall not at any time in any circumstances be held responsible or liable for any matter connected with developing, planning, financing, building, operating, managing and/or administering individual projects or any matter connected with the part payment by the department of invoices submitted by grantees.

Site Visits and Evaluation Survey

The department may carry out site visits during the performance. You will also be required to provide regular reports on programme activity/output and complete an Evaluation Survey on completion of your project. Please check the SLA to ensure you are collecting the relevant data required.

Further information may be requested

The department reserves the right to request further information from you in order to assess your application if so required.

This scheme has closed for applications.

Applicants should ensure that their application is completed in full and the Auditor’s Certificate/Letter signed by an Accountant (and completed template detailing track record for new applicants) is submitted with the application.

Incomplete applications cannot be considered and it is the applicant’s responsibility to ensure that all information is provided as per the application form. A confirmation email will issue with your reference number. If you do not provide all the information required with your application this will slow down the assessment process.

To Note – Auditor’s certificate/letter signed by an accountant must detail/confirm the following:

• track record – this can be based on receipt of a previous LPSS grant, please confirm this and provide the previous LPSS grant reference number/name or

provide details of live performances, undertaken in 2018 and 2019 for an in-person live audience, to include name and location of event, duration of event and audience numbers

• if not an existing fully compliant LPSS grantee, please confirm that the business had VAT-exclusive turnover generated in this State of €100,000 or above in each year as a result of live performance for 2018 and 2019
• that as of 1 December 2021, the business has planned to stage live performance/s in the State during the period December 2021 to January 2022, for an in-person live audience or

that at least 60% of eligible production costs associated with event(s)* arise in the period December 2021 to January 2022

• the Applicant’s VAT status
• that the applicant has not been in an undertaking in difficulty (has not entered insolvency proceedings) on or before 31 December 2020
• that the applicants is not in receipt of funding from another public body for the event/s to which the application pertains under this scheme
• that applicants have not been in receipt of State Aid under the EU Commission State Aid Temporary Framework of more than €2.3m including the value of the grant being applied for
• that the applicant understands that the most recent audited accounts must be submitted along with a signed Service Level Agreement, should their application be successful, in order to draw down the grant offered

The above details must be noted on the Auditor’s Certificate/Letter signed by an Accountant in order for your application to be considered. All applications must include an Auditor’s Certificate/Letter signed by an Accountant. Accounts will not be accepted as part of the application form. Successful applicants will be required to submit their most recent set of audited accounts with their signed SLA in order to draw down their grant.

Applicants will be also be asked to confirm that they have read and understood the Guidelines and criteria to making an application under the Live Performance Support Scheme 3 and agree to comply fully with all the terms and conditions, when submitting their application.

Applicants will also be asked to confirm that all information in the application and all information in any supporting documents is truthful and accurate and that they accept that if any information is found to be false or misleading that the department may withdraw grants, require repayment of all or part of a grant and/or bar applications from this organisation for a period of time. Submission of false or misleading information to the department at any stage is treated very seriously. Serious breaches of the terms and conditions of this scheme will be notified to the relevant authority including An Garda Síochána.

The department will only accept applications made via the Scheme’s Online Portal. An acknowledgement email and application reference number will issue on receipt of your application.

Please note that the closing date for applications is strictly Wednesday 19 January 2022 at 1pm (as per the department’s time stamp on email).

We strongly advise applicants not to wait until the last day to submit applications in case you experience IT related problems.

We regret that applications cannot be accepted after the closing date.

An applicant may make an appeal if the applicant considers that the process for assessing their application was not adhered to.

The applicant must be in receipt of a decision email from the LPSS Phase 3 team in order to make an appeal. An appeal must be made within 5 working days of the date on the decision email.

Appeals submitted after this date will not be accepted.

The Department of Tourism, Culture, Arts, Gaeltacht Sports and Media (D/TCAGSM) confirms that it will respect the monitoring and reporting obligations laid down in section 4 of the Temporary Framework.

D/TCAGSM is the grant aiding Authority for the Scheme.

The legal basis of the Scheme is the Ministers and Secretaries Act 1924 as amended by Statutory Instrument No. 403 of 29 September 2020. Grants are provided in accordance with the criteria set out above, subject to EU State Aid law.

Aid being provided towards this Scheme is subject to the provisions of the European Commission’s State Aid Temporary Framework as amended.

The Scheme will be operated under the EU’s COVID-19 Temporary Aid Framework (the ‘Temporary Framework’). To fall within the Temporary Framework its provisions must be complied with in all cases and in all respects in so far as they apply to State Aid for a particular applicant. While D/TCAGSM has a primary responsibility to comply with those requirements and other State Aid rules, compliance also depends on the co-operation of applicants, including their adherence to these Guidelines, their candour in making applications to us and, ultimately, their compliance with the terms and conditions attaching to the grant, if successful.

See a consolidated version of the Temporary Framework as of 28 January 2021.

It is the applicant’s responsibility to ensure that it is aware of any amendments to the Temporary Framework and applicants are free (and encouraged) to take legal advice as appropriate on how State aid rules apply in their particular situation. Please note that it is a requirement of the Temporary Framework that the aid is granted no later than 31 December 2021 (subject to any extension by the EU Commission). Aid measures developed under the Temporary Framework is subject to the Standstill Obligation in compliance with Article 108(3) TFEU. This means that no aid can be granted or paid out before notification and approval by Commission.

Applicants will be required to provide details of grants already received under other Temporary Frameworks as part of the application process.

For all queries please email: LPSSP3@tcagsm.gov.ie