Creative Industries

Cultural activities: compliance checklist

Use this checklist to confirm your cultural activities operation (SIC division 91) meets its obligations. Work through the universal premises and employment items every business shares, then only the zoo and dangerous-wild-animal licensing items if you keep animals. If you answer no to any item that applies to you, follow the linked guide before you proceed.

UK-wide
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UK-wide

Use this checklist to confirm your business meets its obligations. Work through each item and answer yes or no. Section 1 applies to everyone running a cultural operation — library, archive, museum, gallery, historic site, botanical garden, zoo or nature reserve. In Section 2, only answer the items if you keep zoo animals or dangerous wild animals. If you answer no to an item that applies to you, follow the linked guide before you proceed.

Workplace health and safety is reserved across Great Britain and is enforced by the Health and Safety Executive (HSE), with HSENI in Northern Ireland. Fire safety is devolved. Equality is governed by the Equality Act 2010 in Great Britain and by separate legislation in Northern Ireland (Equality Commission for Northern Ireland). Data protection applies UK-wide (ICO). Zoo and dangerous-wild-animal licensing is administered by your local authority.

Section 1 — Every cultural activities operation

These workplace, premises and employment duties apply to every business in division 91, whatever you run. Confirm each one.

  1. 1

    Have you written your risk assessments and put safe systems of work in place?

    Your general duty under the Health and Safety at Work etc. Act 1974 is to ensure, so far as is reasonably practicable, the health, safety and welfare of your people and others affected by your undertaking — which means visitors, volunteers and contractors as well as staff. Risk-assess premises, displays, visitor circulation, manual handling of collections and any outdoor spaces. If not, follow "Set up and run a safe cultural activities operation".

  2. 2

    Have you carried out your fire risk assessment and maintained fire precautions?

    The responsible person for your premises must carry out a fire risk assessment and maintain fire precautions, under the Regulatory Reform (Fire Safety) Order 2005 (England and Wales), Fire (Scotland) Act 2005 or Fire and Rescue Services (Northern Ireland) Order 2006. Heritage buildings and large public collections raise the relevance.

  3. 3

    Do you hold employers' liability insurance?

    Hold at least £5 million of cover once you employ anyone — including seasonal, casual and volunteer-supported staff where an employment relationship exists.

  4. 4

    Do you meet your equality and accessibility duties?

    Do not discriminate under the Equality Act 2010 (or separate NI equality law enforced by the Equality Commission for Northern Ireland). Make reasonable adjustments for disabled visitors — accessible entrances, large-print or assistive provision, audio description and step-free routes to galleries and gardens.

  5. 5

    Do you handle personal data lawfully and have you registered with the ICO?

    Comply with the UK GDPR and Data Protection Act 2018 for all personal data you process — members, readers, donors, visitors, ticket-buyers and archive enquirers — and pay the data protection fee to the ICO unless you are exempt.

Section 2 — Zoo and dangerous-wild-animal licensing

Answer these items only if you keep wild animals on display to the public or keep dangerous wild animals. If neither applies, you do not need these licences.

  1. 1

    If you exhibit wild animals to the public: do you hold a zoo licence?

    An establishment where wild animals are kept for exhibition to the public for seven or more days a year needs a zoo licence from the local authority under the Zoo Licensing Act 1981 (England and Wales). The licence requires inspection against the Secretary of State's Standards of Modern Zoo Practice, with periodic and special inspections continuing throughout. In Scotland, the Zoo Licence Act 2003 provides a separate licensing regime. In Northern Ireland the Zoo Licensing Regulations (NI) 2003 apply. If not, follow "Set up and run a safe cultural activities operation", section F.

  2. 2

    If you keep dangerous wild animals: do you hold a DWA licence?

    Keeping any animal on the schedule to the Dangerous Wild Animals Act 1976 requires a local-authority licence (GB), valid for up to two years, with a veterinary inspection of your premises and adequate liability insurance. Where the animal is held under a zoo licence you are exempt from the separate DWA licence. In Northern Ireland the Dangerous Wild Animals (NI) Order 2004 applies. If not, follow "Set up and run a safe cultural activities operation", section G.

If you answered no to anything

Work through the guide linked in that item. The spine guide — Set up and run a safe cultural activities operation — sets out what to do. Start from the router if you are not sure which duties apply to you.