PROMOTERS AND VENUES
This section contains guidance for promoters and venues, which should be read together with the Guidance: Resources for the Live Music Sector and Live Events.
If you are a promoter of live music events or the venue at which music events take place, you have a duty under the Health and Safety at Work Act (HSWA) to manage the risks of sexual harm taking place at or in connection with the event. The legal terminology is that you are a PCBU (person conducting a business or undertaking).
In some cases, for example if you’re an artist or a venue who books your own shows, you would also consider yourself a promoter for the purposes of this guidance.
As a PCBU, each promoter and venue is required to take steps to manage the risks of sexual harassment both in its workplace generally, and also in connection with each live event. Below there is guidance on working with other PCBUs, event resources, and foundational resources to assist in your work generally.
WORKING WITH OTHERS ON AN EVENT / OVERLAPPING DUTIES
The law says that PCBUs have a duty of care with respect to those matters over which they have control and influence. Promoters and venues have overlapping areas of control and influence, and therefore responsibility, over live music events.
In the case of larger events, there are likely to be multiple other businesses in addition to the promoter and venue that also have overlapping areas of control, influence and responsibility, such as the artist touring party, the firm providing security staff, and the production company arranging sound and lighting. In many cases these suppliers are contracted and managed by the promoter or venue which has overall responsibility.
In situations where multiple PCBUs are working together, the law requires them to cooperate and consult with each other to coordinate what they will each do to manage risks.
Therefore as a promoter or venue involved in a live music event, one of the main things you need to do is discuss and agree with all PCBUs involved how risks will be managed, clarify expectations from everyone, areas of influence and clearly communicate these to the workers and others involved.
In terms of the physical space at a live music event, the area of responsibility of each PCBU is determined by which person or entity has the most influence over a given space, the more influence over decision making, the more responsibility and ultimately, the more liability. For example, it may be agreed or common practice in the industry that the promoter is responsible for the stage and back of house, and that the venue is responsible for the punter areas like the bars and front door. However, such an agreement or practice in the industry about one PCBU exerting influence over a certain physical space is not conclusive as to which party is ultimately responsible. In some cases, multiple PCBUs will have concurrent overlapping duties in relation to the same space.
Some of the event resources included below will assist you in working with other PCBUs and deciding who is responsible for what.
EVENT RESOURCES
There is a range of resources that are intended to be used to manage the risks of sexual harm in connection with a specific live music event:
This is a checklist for people organising a live music event to assist in implementing measures to prevent sexual harassment or harm at the event – prior to the show, at show day/build, during the show and after
Safety Measures – Promoter, and Safety Measures – Venue
The Safety Measures documents are intended to assist promoters and venues to identify risks relating to sexual harassment at a live music event and to take steps to address those risks where practicable. The Safety Measures can be used as part of a wider health and safety framework covering other issues, or on their own; you can use the whole set of measures or just pick and choose those that work for your event.
A health and safety briefing with crew and other workers can be used at the start of a live music event to identify particular risks and remind workers of policies and reporting processes. A briefing can be used to state that sexual harassment is not tolerated, and to remind workers of who and how to report concerns to. The Health and Safety Briefing document contains suggested language relating to sexual harassment to include in a health and safety briefing.
The contract clauses document includes suggested language to include in contracts such as a venue hire agreement, contractor agreement, ticketing terms and conditions or artist rider, to integrate expectations relating to sexual harassment which could include a sexual harassment policy or Code of Conduct.
Merlin’s Pass Sexual Harassment Contact System
Merlin’s Pass is a suggested name and system to easily identify workplace sexual harassment contacts at a live music event. The concept is that anyone holding a Merlin’s Pass laminate is trained to receive disclosures and reports of sexual harassment and empowered to assist other workers in dealing with disclosures. Merlin’s Pass should only be used in conjunction with the guidance which includes details of suggested training for a Merlin’s Pass holder and how to integrate Merlin’s Pass into a reporting process.
Visual resources can be used at a live music event, both with workers as information or a reminder of training or processes, and in punter facing areas to encourage healthy and respectful behaviour at the event.
It is essential that all relevant workers and managers receive training, both generally in relation to sexual harm, and also training and briefings on specific policies that are in place at the event. Our training page contains information about training options.
FOUNDATIONAL RESOURCES
In addition to planning for specific events, promoters and venues can implement safety measures across their business and workplaces generally. WorkSafe guidance requires all PCBUs (which includes all promoters and venues) to have a clear policy on preventing and responding to sexual harassment. You may also want to have a Code of Conduct to ‘set the tone’ for how you work with others and your expectations of them, and to act as a tool to have conversations about inappropriate behaviour. These are documents you can adopt and use even if you are a sole trader or a small business. You can read more about these documents and access downloadable templates here:
OTHER RESOURCES