Running a pub festival: Legal responsibilities and pitfalls
You can give local musicians a chance to try out their compositions before a wider audience, keep the kids happy with a bouncy castle, and perhaps sell more beer over a longer period.
There are, however, pitfalls for the uninitiated — music, beer gardens and local residents can be a rather toxic cocktail and leave a bitter after-taste (often in the form of a noise abatement notice). Depending on what type of event you are planning, there are also additional responsibilities to bear in mind.
Firstly, do the basics. Check your licence — if it’s too cluttered and doesn’t permit you the freedom you need on this one-off occasion, apply for a temporary event notice (TEN), assuming your numbers are no more than 499 in total.
Just remember that, from 25 April 2012, the environmental health officer can object to a TEN as well as the police, and conditions from your licence can be added to the TEN. Nevertheless, you should expect a bit of leeway from the authorities if this is genuinely a one-off or annual event. Marquees provide little noise attenuation, so if by stating “indoors” on your application you mean a marquee (which is technically indoors), expect further questions from the environmental health officer (EHO).
Plan early
Get the authorities on board at an early stage — I remember one pub’s music festival had to be cancelled at short notice, after all the tickets had been sold, because the EHO had only just found out about it. Following her on-site assessment she issued a pre-emptive noise abatement notice and the festival was over before it began. I always think it’s best, if you don’t have the funds to carry out your own expert noise assessment, to involve the EHO early on.
They are the experts, the advice they give is free, and what’s more, if you follow it, you are unlikely to find them shutting you down on the day if you stick to it. Get any bands to sign up contractually to the commitments you have made as a licence holder. Make sure you have the final say on permitted noise levels, and retain the authority (and access to the amplifier) to turn the music down if it gets too loud.
Consult with neighbours — bring them on board, win the PR battle. They are more likely to give you the benefit of the doubt if they have met you and trust you than if they first get to hear of your event by seeing posters advertising ‘Live Rock Weekend’, or hearing the bands warming up at 10am on a Saturday.
Safety considerations
A small festival is not just about licensing issues, however. Temporary stages need to be constructed, used and dismantled safely. You may need a crowd or transport management policy, particularly if you are having large and unpredictable numbers of people coming to a non-ticketed event. You may need to review your first-aid provision, or pay special attention to any special effects.
Most councils operate safety advisory groups (SAGs) consisting of the police, EHO, the fire officer, health and safety, the ambulance service, traffic management advisor and other experts in their field. Their role is advisory — they are not there to stop your event. Most are more than happy to discuss your proposals and to assist where necessary.
Ignore them at your peril — fire and health & safety have enforcement powers that would make your eyes water. Much better to have sent your plans for a modest one-off event to the experts and be given the green light than to carry on and find your stage slapped with a prohibition notice for being unsafe or your marquee being off-limits due to a lack of fire exits. The Health and Safety Executive’s website has helpful advice for planning small events.
Lastly, at the end of the festival, ensure your litter patrol goes that extra mile to clear up. Local residents can often be incredibly tolerant of an occasional bit of live music but intolerant of the empty fag packet lying on their garden wall.
You have the excuse to celebrate — the Diamond Jubilee and the Olympics spring to mind, but who needs an excuse? If you get the planning right, you may have an asset for years to come.
