The Online Toolkit for Festival and Events Organisers
All entertainment events are classed as work activities and therefore are subject to the Health and Safety at Work Act and various regulations and codes of practice. Legislation covers a wide range of areas, which will be relevant to event organisers, a number of examples but not an exhaustive list is shown below.
Health and Safety at Work
Health and Safety at Work Act 1974
http://www.hse.gov.uk/legislation/hswa.pdf
This act provides the legal framework to promote, stimulate and encourage high standards of health and safety in places of work. It protects employees and the public form work activities. Everyone has a duty to comply with the Act, including employers, employees, trainees, self-employed, manufacturers, suppliers, designers, importers of work equipment.
Health, safety and welfare of employees and event workers
The Personal Protective Equipment Regulations 1992
http://www.opsi.gov.uk/SI/si1992/Uksi_19922966_en_1.htm
This requires employers to ensure that their employees have suitable and sufficient protective clothing and equipment to carry out their tasks.
Working with Young People
The Children Act 1989 http://www.opsi.gov.uk/acts/acts1989/Ukpga_19890041_en_1.htm
The Children Act 1989 applies to 'activities' that run for more than two hours per day for six or more days of the year. Such activities will require registration. Children's activity organisers should consult the Registration and Inspection Unit of the local authority social services department for advice and clarification. Even where the Children Act 1989 does not apply, the Children Act provides sound guidelines regarding adult:child ratios and space standards for premises.
The Protection of Children Act 1999
http://www.opsi.gov.uk/acts/acts1999/19990014.htm
This Act brings together the idea of a "one-stop-shop" for identifying people unsuitable for working with children.
The Criminal Justice and Court Services Act 2000
http://www.opsi.gov.uk/acts/acts2000/20000043.htm
This provides a comprehensive definition of working with children. The Act makes it an offence if someone who is banned from working with children breaches that ban in any capacity (paid, unpaid, casual) and it is also an offence to offer employment to someone who is known to be banned.
The Data Protection Act 1998
http://www.opsi.gov.uk/ACTS/acts1998/19980029.htm
This details the rights of access to personal data and restrictions to personal data. Also outlines notification guidelines, certain exemptions and enforcement policies to the Act.
Sexual Offences Act 2003
http://www.opsi.gov.uk/ACTS/acts2003/20030042.htm
This legislation to protect children from sexual abuse by people in a "position of trust". Any sexual activity that occurs between a person in a "Position of Trust" and a child is an offence under this Act.
Disability Discrimination
The Disability Discrimination Act http://www.opsi.gov.uk/acts/acts1995/1995050.htm
The Disability Discrimination Act 1995 will apply with regard to sanitary accommodation for people with special needs. Also consider access to toilets for people with special needs. Supply fixed and stable ramps where appropriate. Position facilities close to any area set aside for people with special needs such as viewing platforms, and ensure they are designed to comply with the provisions of BS 5810: 1979.
Environmental Protection
The Environmental Protection Act 1990
http://www.opsi.gov.uk/acts/acts1990/Ukpga_19900043_en_1.htm
To prevent the pollution from emissions to air, land or water from scheduled processes the concept of integrated pollution control has been introduced.
Regulations also place a 'duty of care' on all those involved in the management of waste, be it collecting, disposing or treating Controlled Waste which is subject to licensing.
Waste Management
Controlled Waste Regulations 1992; http://www.opsi.gov.uk/SI/si1992/Uksi_19920588_en_1.htm
People must ensure they know how to determine what waste is which and how to dispose of it. Those acting as a carrier or broker for waste must be registered to do so. If employing a waste contractor or broker you must ensure they have this documentation. Event organizers are determined as waste producers thus are responsible for its proper disposal
Noise Monitoring
Control of Noise at Work Regulations 2005 http://www.opsi.gov.uk/si/si2005/20051643.htm
The regulations give legal duties (on an employer) to prevent damage to the hearing of workers from excessive noise at work. They set out actions which must be taken when stated levels of noise exposure are reached.
Food Safety Act 1990
http://www.opsi.gov.uk/ACTS/acts1990/Ukpga_19900016_en_1.htm
http://www.food.gov.uk/multimedia/pdfs/foodlaw.pdf
The Food Safety Act 1990 aims to protect consumers, by preventing illness from the consumption of food and by preventing them from being misled as to the nature of the food they are purchasing.
Entertainment Licensing
Licensing Act 2003
http://www.opsi.gov.uk/ACTS/acts2003/20030017.htm
For the purposes of this Act the following are licensable activities:
(a) the sale by retail of alcohol;
(b) the supply of alcohol by, or on behalf of, a club to, or to the order of, a
member of the club;
(c) the provision of regulated entertainment; and
(d) the provision of late night refreshment.
This includes to completion of temporary events notice, http://www.culture.gov.uk/NR/rdonlyres/5B3ADA1A-4BC3-4755-85A7-6DCA1129A51B/0/P_TENupdate1105.pdf
Explosives and Pyrotechnics
Fireworks (Safety) Regulations 1997 http://www.opsi.gov.uk/si/si1997/19972294.htm
This includes requirements on the types of fireworks that can be sold to members of the public as well as on the age of purchase;
Amendments of 2004 http://www.opsi.gov.uk/SI/si2004/20041372.htm
If you are selling outside certain times of the year you will need a license - this is in addition to any license or registration allowing you to store fireworks.
Fire Precautions
Fire Precautions Act 1971 http://www.opsi.gov.uk/si/si1989/Uksi_19890079_en_1.htm
The Act furthers the provisions for the protection of persons from fire risks. If any premises are put to use and are designated a certificate is required from the fire authority. Although classes of use cover the provisions of sleeping accommodation; use as an institution; use for the purposes of entertainment, recreation, instruction, teaching, training or research; use involving access to the premises by members of the public and use as a place of work have been designated.
Fire Precautions (Workplace) Regulations 1997 http://www.opsi.gov.uk/si/si1997/19971840.htm
The Fire Precautions (Workplace) Regulations came into force on 1st December 1997 and have since been amended by several other sets of Regulations:
- The Fire Precautions (Workplace) (Amendment) Regulations 1999
- The Dangerous Substances and Explosive Atmospheres Regulations 2002
- The Management of Health and Safety at Work and Fire Precautions (Workplace) (Amendment) Regulations 2003
Employers have responsibility for ensuring the health, safety and welfare of their employees and others who may have access to the workplace. These general duties include safety in relation to fire hazards, both from the work processes and activities, as well as general fire safety in the workplace. Under the Regulations, employers must carry out a fire risk assessment, although this can be done as part of their general risk assessment.
Trade Descriptions Act 1968
http://www.dti.gov.uk/files/file8156.pdf
Any descriptions of goods and services, given by a person acting in the course of a trade or business, should be accurate and not misleading.
A description can be given verbally, in writing (e.g. in an advert or brochure), by illustration (e.g. in advertisements or on packaging) or by implication. In addition, if goods are supplied in response to a request that includes a specific trade description, it is possible that it would be held that the supplier of the goods has applied the description himself.