Set up and run a safe creative arts and entertainment business

A. Meet your general health and safety duty

The Health and Safety at Work etc. Act 1974 is the foundation. You must ensure, so far as is reasonably practicable, the health, safety and welfare of your employees and of anyone else affected by your work — that includes performers, crew, audiences and visitors. In a theatre, venue or rehearsal space that means risk-assessing rigging, stage machinery, temporary structures, electrical equipment, noise exposure and crowd management, providing safe systems of work, and training and supervising your people.

B. Manage fire safety

Theatres, venues and arts centres hold large numbers of people, often in older buildings, so fire safety is a particular concern. The responsible person must carry out a fire risk assessment and maintain fire-safety arrangements — means of escape, fire detection and alarm, emergency lighting and staff training. The duty is devolved: the Regulatory Reform (Fire Safety) Order 2005 in England and Wales; the Fire (Scotland) Act 2005 and Fire Safety (Scotland) Regulations 2006 in Scotland; and the Fire and Rescue Services (Northern Ireland) Order 2006 in Northern Ireland.

C. Hold employers' liability insurance

As soon as you employ anyone, you must hold employers' liability compulsory insurance — normally at least £5 million of cover — and display or make available the certificate. This is a legal requirement across Great Britain, with an equivalent duty in Northern Ireland. Note that many creative engagements use self-employed or freelance performers and crew; if someone counts as an employee (or is treated as one for health and safety purposes), the insurance duty applies.

D. Meet your equality duties

As an employer and a service provider you must not discriminate against, harass or victimise people because of a protected characteristic. Venues, theatres and arts centres must also make reasonable adjustments for disabled audiences and visitors. In Great Britain this is governed by the Equality Act 2010; in Northern Ireland separate equality legislation applies, enforced by the Equality Commission for Northern Ireland.

E. Handle personal data lawfully

If you process personal data — about staff, performers, ticket-holders, mailing-list subscribers, members or donors — you must comply with the UK GDPR and the Data Protection Act 2018, and in most cases pay the data protection fee to the Information Commissioner's Office (ICO). This applies UK-wide.

F. Obtain your premises licence or temporary event notice

If you provide regulated entertainment — a play, live music, recorded music (in certain circumstances), dance performances, film screenings or indoor sporting events — or sell alcohol or provide late-night refreshment, you need a premises licence from your local licensing authority under the Licensing Act 2003. The licence must promote the four licensing objectives: the prevention of crime and disorder, public safety, the prevention of public nuisance, and the protection of children from harm.

Application fees range from £100 to £1,905 depending on the premises rateable value, with annual fees of £70 to £1,050. Once granted, a premises licence lasts indefinitely as long as you pay the annual fee. If you sell alcohol, you must also name a designated premises supervisor who holds a personal licence.

The Live Music Act 2012 exempts many smaller live-music performances: amplified live music on alcohol-licensed premises with an audience of up to 500 people between 08:00 and 23:00 does not need a separate entertainment licence. Unamplified live music is exempt in any venue without a capacity limit during the same hours. Your local licensing authority can remove the exemption if there are concerns about the licensing objectives.

For one-off events you can use a temporary event notice (TEN) instead of a full premises licence. A TEN covers events with up to 499 people lasting up to 7 days. You must give at least 10 working days' notice (5 for a late TEN, which can be refused more easily). The fee is £21. A personal licence holder can give up to 50 TENs per year; other individuals can give up to 5.

Scotland has separate frameworks under the Licensing (Scotland) Act 2005 (for licensed premises) and the Civic Government (Scotland) Act 1982 (for public entertainment); Northern Ireland uses the Licensing (Northern Ireland) Order 1996. Check the position with your council if you operate there.

G. Meet child performance licensing duties

If you engage a child of compulsory school age in a performance for which payment is made, or which is broadcast or recorded for an audience, you generally need a child performance licence from the child's home local authority. A registered chaperone must supervise, and there are restrictions on the hours a child may perform and the conditions of work. Limited exceptions apply for occasional unpaid performances.

The duty arises under section 37 of the Children and Young Persons Act 1963 and the devolved performance regulations: the Children (Performances and Activities) (England) Regulations 2014 in England; the equivalent Scotland Regulations 2014 in Scotland; the Children (Performances and Activities) (Wales) Regulations 2015 in Wales; and the Children (Performances) Regulations (Northern Ireland) 1996 in Northern Ireland.

What to do next

This spine covers the duties of running a creative arts and entertainment business — workplace safety, fire safety, premises licensing, child performance licensing and your obligations as an employer. Confirm you have covered everything with the creative arts and entertainment compliance checklist.