For an event to be in scope of the Act, it must take place in a building (which includes part of a building or group of buildings), on land (such as a field, park, or farmland), or at premises that consist of a combination of the two (such as a sportsground with a clubhouse). Qualifying events can take place on premises that are not qualifying premises under the Act (so otherwise out of scope of the Act’s requirements).
Those responsible for enhanced tier premises that host events for over 800 people must consider such activity when putting in place appropriate public protection procedures and measures. For example, an exhibition hall that regularly hosts events for 800+ people is likely to be caught as an enhanced tier premises. Whilst the individual events would not be treated as qualifying events, the responsible person must ensure that in putting in place appropriate public protection measures they are tailored to all the activities happening there.
To be in scope, 800 or more individuals (including staff) must be reasonably expected at the event at the same time. This threshold does not need to be met throughout the duration of the event. For example, a day festival with 500 people reasonably expected on site until 6pm, followed by 1,000 or more expected later, would meet this requirement.
To be in scope of the Act, the event must have measures in place to check that attendees satisfy a condition of entry. This is the requirement that, to enter the event, members of the public have paid, have a ticket or pass, or are members or guests of a club, association or similar body. hilst this provision applies to paid-for events, it also encompasses free events where there is a specific check on entry (as specified above).
Events arranged by other types of body, for example corporate events arranged by a company for their employees, do not satisfy the last condition to check members of the public are members or guests. Weddings or other private events with invitations also do not meet this requirement.
Whilst premises can fall in the standard tier, this does not preclude the possibility of such premises hosting a qualifying event that would be in scope of the Act’s enhanced tier requirements. This will be the case where the event meets the criteria in Clause 3, including reasonably expecting 800 or more attendees and having specific entry controls. In such a scenario, the standard tier premises hosting the qualifying event would be subject to the enhanced tier requirements for the event duration. However, outside of the event, the premises will remain in standard tier.
An example of this might be premises that usually fall within the standard tier; however, it hosts a one-off music event with over 800 attendees. Attendees must purchase a ticket to enter the event, and staff will be checking that attendees have a ticket before they enter. In such a scenario, the specific event will be treated as a qualifying event. However, the premises will remain within the standard tier when not part of the music event for that one weekend.
The specific context of the event will need to be taken into account to determine whether the event is a qualifying event. Guidance will set out the overarching principles which will help duty holders determine whether their event is a qualifying event, when taking place at a standard tier premises.
In this scenario, the responsible person could be the same entity in both scenarios; however, they could also be different entities.
Certain events are excluded from being qualifying events under Part II of Schedule 2 to the Act. For more information, feel free to contact us where one of our advisors will be happy to assist you