TOURISM REGULARTORY AUTHORITY TOURISM HOSPITALITY EVENTS AND ENTERTAINMENT GUIDELINES JULY 2018 1
TABLE OF CONTENTS ACKNOWLEDGEMENT .........................................................................................................4 FOREWORD ............................................................................................................................5 1. Short Title...................................................................................................................8 2. Definitions of Terms ................................................................................................8 3. Background............................................................................................................... 10 4. Strategic Goals and Objectives ........................................................................... 11 4.1 Strategic Goals..................................................................................................... 11 4.2 Objectives.............................................................................................................. 11 5. Scope .......................................................................................................................... 11 6. Regulatory Requirements..................................................................................... 12 7. The Events and Entertainment Sector Code of practice. ........................... 12 8. Indoor & Outdoor Venue/Premises Requirements ....................................... 14 8.1 Building/Temporary Structures Safety ........................................................ 14 8.2 Amenities .............................................................................................................. 15 8.3 General Safety and Security Measures ......................................................... 16 8.4 Fire Safety and Security measures ................................................................ 16 8.5 Electrical installation and safety ................................................................... 17 8.6 Lighting.................................................................................................................. 18 8.7 Ventilation ............................................................................................................ 19 8.8 Noise and sound level control ......................................................................... 19 8.9 Courtesy of choice .............................................................................................. 20 8.10 Food handling requirements............................................................................ 20 8.11 Waste Collection ............................................................................................... 20 8.12 Alcohol and Drug control.................................................................................. 20 8.13 Performance platform ........................................................................................ 20 8.14 Firearms and Crude Weapons .......................................................................... 21 9. Operational Guidelines.......................................................................................... 21 9.1 Risk Analysis ........................................................................................................ 21 2
9.2 Entertainment performance guidelines ....................................................... 21 9.3 Audience and crowd management ................................................................. 24 9.4 Entertainment/Event Production involving children.............................. 24 9.5 Event and Entertainment Productions involving animals ..................... 25 3
ACKNOWLEDGEMENT The Authority wishes to appreciate the request by stakeholders in the tourism sector, particularly the Pubs, Entertainment and Restaurants Association of Kenya for championing the sector to have TRA develop the entertainment guidelines. The Authority further wishes to acknowledge efforts by Events and Entertainment Guidelines technical Committee selected to develop the guidelines on behalf of all the stakeholders. The committee comprised representation from Pubs Entertainment Restaurants Association of Kenya (PERAK); Kenya Association of Hotel Keepers and Caterers (KAHC); National Museums of Kenya (NMK); Performers Rights Society of Kenya (PRISK), Kenya Association of Music Producers (KAMP); Kenya Film Classification Board (KFCB); Music Copyright Society of Kenya (MCSK); Events Managers’ Association of Kenya (EMAK) and secretariat from Tourism Regulatory Authority (TRA). In developing these guidelines, relevant stakeholders were involved in the entire exercise. PERAK, EMAK and KAHC represented the interests of the service providers in events and entertainment sector. PRISK, KAMP and MCSK were on board to represent the entertainers and performers. KFCB guided on the need for all the entertainment content to be classified and rated for age suitability and adherence to watershed period principles. NMK being a State agency that is charged with promoting cultural resources in the context of social and economic development ensured that events and entertainment within museums and other monuments are taken into account. The technical committee developed these guidelines through joint research, deliberations and workshops between December 2016 and April 2018. Tourism Regulatory Authority gave the needed leadership, facilitation and guidance required during the development of this guideline. 4
FOREWORD Tourism Regulatory Authority, a State Corporation under the Ministry of Tourism and Wildlife is established under the Tourism Act Cap 383 of 2011 and is mandated to spearhead tourism regulations in Kenya. Since its operationalisation in 2014, the Authority embarked on rolling out its functions with particular focus on developing tourism regulations and formulating guidelines. This guideline was developed in response to the rising need to regulate the events and entertainment sub sector with a view to enhance quality of events and entertainment offered, customer satisfaction and ultimately contribute in achieving The Kenya Vision 2030. In addition, the guidelines aim at streamlining entertainment activities for the sector to meet global events and entertainment standards for competitive advantage. The development of this guideline embraced the stakeholders’ participation as stipulated in the Constitution and is in tandem with the Authority’s mission, vision and core values. This guideline endeavored to address the current issues in the events and entertainment sub sector. However, due to the dynamism of the tourism sector, this guideline will be reviewed periodically to keep abreast with the emerging trends. KIPKORIR LAGAT DIRECTOR GENERAL 5
EXECUTIVE SUMMARY Tourism Regulatory Authority prioritized the development of events and entertainment guidelines for the sustainable development of the sector. These guidelines aim at providing specifications for standards that will ensure the products; systems and services are of high quality to enhance customer satisfaction in all tourism and hospitality enterprises, entertainment venues and service providers. These guidelines provide specifications for both structural and operational requirements in building and temporary structures. Operational issues that aim at ensuring quality of events and entertainment are also addressed herein and take into account among others entertainment performance, audience and crowd management, engagement of children, utilization of animals and risk analysis/assessment. In addition, regulatory requirements and the events and entertainment sector code of practice have been extensively covered. 6
ABBREVIATONS / ACRONYMS EMAK – Events Managers Association of Kenya KAHC – Kenya Association of Hotel Keepers and Caterers KAMP KEBS KFCB – Kenya Association of Music Producers – Kenya Bureau of standards – Kenya Film and Classification Board MCSK – Music Copyright Society of Kenya NEMA – National Environment Management Authority NMK – National Museums of Kenya OSHA – Occupation Safety and Health Act PERAK – Pubs, Entertainment Restaurants Association of Kenya PRISK TRA UV – Performers Rights Society of Kenya – Tourism Regulatory Authority – Ultra Violet 7
PART I –PRELIMINARY In exercise of the powers conferred by Section 7(1) (a) and (g) of the Tourism Act Cap 383 of 2011, the Director General of the Tourism Regulatory Authority issues these National Guidelines for Tourism and Hospitality Events and Entertainment, 2018 to ensure the development and implementation of high quality tourism sector for sustainable tourism throughout the country. 1. Short Title These Guidelines maybe cited as the “Tourism Regulatory Authority National Guidelines for Tourism and Hospitality Events and Entertainment, 2018. 2. Definitions of Terms For the purposes of these guidelines, the following definitions shall apply; Act – The Tourism Act CAP 383 of 2011, Laws of Kenya. Amenity – The useful features or facilities of a place or establishment that make guests’ stay therein easier or pleasant. Association – A legal entity comprised of members of the same trade/profession governed by a Code of Practice. Child – A person under the age of eighteen (18) years. Code of practice – A set of written rules which guide the businesses operations and personnel working in the Tourism and Hospitality sector in Kenya. Entertainment - A form of activity that holds the attention and interest of an audience, or gives pleasure and delight that is associated with a feel-good effect, fun and laughter. Event/Entertainment enterprise event/entertainment business. – A legal entity engaged in Event/Entertainment provider – An individual or entity rendering event/entertainment service. Event/Entertainment venue – A location where events of entertainment take place. Entertainment/Event organiser – A person or an entity responsible for designing, production, promotion and overall coordination of an event. 8
Event - A planned public, private or social occasion held for entertainment or business purpose. Exhibitions - A public display of works of arts or other items of interest which could be live performances or recorded audio visual meant for entertainment or a trade exposition. Hazard identification - The process of recognizing hazards or risks associated with an event. Performer – an individual or a group who use their voices or bodies often in relation to other objects to convey artistic expression for events/entertainment purposes. Promoter – An individual or organization that markets and sponsors entertainment and events. Risk - Hazards that may occur while preparing for an event, during or after an event in entertainment. Risk Analysis – Means a systematic examination conducted to determine and evaluate the degree of risk involved in terms of severity, frequency and cost of the potential claim in the case of an incident. Security Personnel - A person who provides services aimed at ensuring order and safety during an event or entertainment. Service Provider – A vendor/entity that offers services to an entertainment/event enterprise. Stakeholder – Individual or an entity holding interests in the event/entertainment sector. Standard - A level of quality or achievement that is considered acceptable or desirable. Strobe light: A device used to produce regular flashes of light. Technical rider – A list of reasonable essential items required by a performer for delivery of the best possible performance. Temporary Structure - Any structure that is not attached to a permanent foundation or footing and which is removed when the designated time period, activity, or use for which the temporary structure was erected has ceased such as Tents, Domes, A-Frames, Inflatables and Roof Trusses. 9
The Authority-Tourism Regulatory Authority established under section 4 of the Tourism Act No 28 of 2011. Tourism – All activities of persons travelling to and staying in places outside their usual environment for not more than one consecutive year for leisure, business and other purpose. 3. Background The potential of tourism cannot be over emphasized as it is a large industry that serves as a key contributor to socio-economic development. Events and Entertainment remains an integral part of tourism not only in Kenya but globally. This has been amplified by events and entertainment tourism being a niche in the world today. The dynamic nature of the creative industry and advancement in technology has given rise to numerous forms of events and entertainment that is availed to the consumer. However, currently, the sector lacks documented checks and balances on the quality of events and entertainment on offer. Globally, there has been an attempt to regulate events and entertainment in the tourism and hospitality industry. Most of the developed countries have professional organizations for entertainers. One such organization is the Screen Actors Guild American Federation of Television and Radio Artists (SAG - AFTRA) that represent approximately 160,000 members who are guided and adhere to a code of conduct. In Australia, the Australian Entertainment Agents Association (AEAA) works closely with agencies, performers, venues, and end clients to ensure that its members deliver their services in a professional, timely and lawful manner. To ensure the levels of service are maintained, the AEAA members are guided by their code of ethics, performers’ guidelines, venue guidelines and standards employment conditions. The rating of function facilities in accommodation establishment’s world over can also be cited as another attempt towards enhancement of quality of events and entertainment service in the interest of customer satisfaction. The growth of entertainment and events in the tourism and hospitality industry in Africa especially in Nigeria, South Africa and Kenya cannot be gainsaid. However, the entertainment and events organizations are regulated by different institutions. For example in South Africa, events are regulated through Safety at Sports and Recreational Events Regulations and the entertainment venues are regulated by the Tourism and Grading Council of South Africa. 10
In Kenya, regulating the events and entertainment sector wholesomely has been a challenge due to the unique nature of the tourism industry. This has led to fragmented checks and balances. This guideline therefore, attempts to amalgamate the scattered regulations stipulated in a raft of legislations for ease of direction, reference in doing business and quality service delivery. 4. Strategic Goals and Objectives 4.1 Strategic Goals These guidelines aim at provision of quality events and entertainment service and enhancement of customer satisfaction in the tourism sector in Kenya. 4.2 Objectives These guidelines set to achieve the following objectives: a) Set guidelines for quality events and entertainment platforms. b) Protect events and entertainment consumers from harmful content through proper content classification and rating. c) Protect events and entertainment providers from exploitation by consumers or any other third party. d) Market Kenya as an event an entertainment destination. 5. Scope These guidelines shall apply to all forms of events and entertainment provided by tourism and hospitality enterprises and services as listed in but not limited to the Ninth Schedule of the Tourism Act CAP 383 of 2011. Specifically, the Forms of entertainment covered by these guidelines include but are not limited to: Cultural performances; Gaming / Gambling; Sports; Music; Carnival; Road shows; Documentary Screening; Dancing; Acting; Films; Stage performances/Acrobats; Adrenaline thrills. In addition, these guidelines will cover the following forms of events among others: Exhibitions, Expositions, Funerals, Weddings, Festivals, Concerts, Birthday’s, Sports, Graduations, Activations, Launches, Staff Parties, Golf Tournaments, Trainings, Meetings, Conferences, Workshops, Traditional Functions, Festivals, Parties, Team Buildings and Showcases. 11
PART II – THE KENYA TOURISM & HOSPITALITY ENTERTAINMENT STANDARDS GUIDELINES 6. Regulatory Requirements Events and Entertainment service provider and or a place of events and entertainment shall comply with appropriate regulatory requirements that include and not limited to the following: a) Tourism Act Cap 383 of 2011. b) Certificate of approval for content classification c) Content exhibition license d) Liquor license e) Single business permit f) Occupational Permit / OSHA permit g) Public Health License h) Copyrights Board Approved Collective Management Organization (For collection of royalties and performance fees) i) Fire Safety License. j) Business registration k) Lease agreement l) First aid kit m) Electrical permit n) NEMA license o) Comprehensive Insurance cover p) Fireworks license q) Approval for use of drones r) Any other relevant license 7. The Events and Entertainment Sector Code of practice. This code of practice shall apply to all events and entertainment providers. The events and entertainment service providers shall: a) Have well documented policies addressing quality service procedures, safety and security and continuous capacity building. b) Ensure quality services appropriate to the type of event or entertainment provided. c) Ensure that content to be exhibited and advertisements for the same are classified and rated by the relevant Authority for quality and age suitability. 12
d) Obtain an exhibition license and observe the watershed period principles that apply to broadcast. e) Ensure that at least 40% of all events/entertainment content exhibited, publicly performed or aired shall be devoted to Kenyan entertainers. f) Ensure that hosts, promoters, providers, event managers shall be registered members of a relevant association. g) Describe to the consumers the amenities, facilities and services provided by the enterprise, whether by advertisement, brochure, or any other means. h) Explain details of charges for all events and entertainment services or facilities available, including cancellation terms. i) Make clear to consumers exactly what is included in all prices quoted for events and entertainment service or additional services/facilities, including service charges, taxes and other surcharges. j) Make clear to all prospective consumers in all manner of communication, conditions, details and, where appropriate, any restrictions on the access to the events and entertainment facility by the consumer before making any booking. k) Clearly communicate the price structure for events and entertainment or other services in advance. l) Give each consumer on request, details of payments due and a receipt for payment made. Presentation of the bill should be clearly detailed. m) Deal promptly and courteously with all enquiries, requests, reservations, correspondence and complaints from consumers with regard to an event/entertainment service. n) Be available during the entire event/entertainment period. o) Conduct themselves in a professional and ethical manner. p) Enable the appointed quality assurance officers to conduct quality audit at reasonable times. q) Have a zero-tolerance policy to prohibit any and all forms of bribery, corruption, manipulation, extortion and embezzlement. All business dealings shall be transparent and documented as openly and detailed as possible. r) Ensure that the premises and content are environment-friendly as guided by the relevant laws, regulations and guidelines. 13
8. Indoor & Outdoor Venue/Premises Requirements 8.1 Building/Temporary Structures Safety a) All buildings must conform to the requirements of the National Construction Authority, County laws / regulations and any other relevant legislation. b) Where a temporary structure is to be used, it must be completed and inspected for readiness at least 3 hours before the function by the event/entertainment provider in collaboration with the relevant authorities. c) The building and/or temporary structure shall provide adequate marked emergency exit(s) commensurate to the capacity and in accordance to the building code and other applicable temporary structural guidelines. d) General signage shall be illuminated at all times for both buildings and temporary structures e) The building and temporary structure layout shall be fit for persons with disabilities. f) The entertainment/event organiser shall ensure that a comprehensive emergency evacuation plan is in place. g) Alleys of spans of not less than 1.2 meters shall be provided for both buildings and temporary structures. h) In temporary entertainment/event dais, where applicable, staircase should have a R80mm and L100mm and hand rails provided for both buildings and temporary structures as per the building code. i) The entertainment/event venue shall be ideal for human habitation and structurally safe in accordance to the relevant safety regulations. j) The host in collaboration with service provider shall develop a layout for temporary structure. k) Doors along the exit route shall be clearly labeled and open in the direction of exit for both buildings and temporary structures. l) Any doors, gates, shutters or flaps that should be kept open and secured in the open position. m) All internal and external escape routes and exit door shall be clear and free from obstruction for both buildings and temporary structures n) Sites for temporary structures shall be properly leveled and surfaced to facilitate cleaning and laid to suitable fall to drain off any rain or waste water. 14
o) Adequate parking for patrons, set up and operative crew shall be made available at the ratio of 1:25. p) Directional signage to the event/entertainment venue shall be provided by either the host, or event/entertainment providers. 8.2 Amenities a) All drinking water whether sourced or brought to the site must be safe for human consumption. b) If production or events are to be conducted on or around water or if water is to be used during a production of an event, the risk assessment must include consideration of the safety of exposure to the water. c) Adequate water reservoirs and dispensing facilities shall be provided by the venue where such water provisions, shall meet KEBS specifications. d) Separate marked male and female toilet facility with consideration to persons with disabilities and children shall be provided for both buildings and temporary structures e) Provision for toilets should be at a minimum ratio of 1:25 up to 300 covers but not more than 1,200 covers. Numbers beyond 1,200 shall require additional toilets at the ratio of 1:50 covers and the toilet cubicles must be lockable f) For outdoor events, the provision for mobile toilets shall be guided by the number of attendees that are expected g) Each water-closet must be provided with an adequate supply of toilet paper for both buildings and temporary structures h) A hand wash basin with adequate supply of liquid soap and clean paper towels or individual cloth hand towels or electrical hand dryers shall be provided for both buildings and temporary structures i) Cleaning of the washrooms and/or mobile toilets must be undertaken at least every one hour and continuously when premises are busy. j) Sufficient notices in legible characters indicating the location of the toilets shall be conspicuously displayed on the premises for both buildings and temporary structures k) Functional ventilation systems shall be in place for both buildings and temporary structures l) Bathrooms and changing rooms with powder rooms and lockers for performers shall be provided for both buildings and temporary structures m) Provision of Arabic shower in both temporary and permanent structures. 15
8.3 General Safety and Security Measures a) Entertainment premises, promoters and event organizers shall have a security management team comprising of security personnel, security guards and police (where need be). Where the number of persons is in excess of 500 the requirement shall be 1:50 per security personnel and notification issued to the local security authority for both buildings and temporary structures b) Entertainment/event premises, promoters and event organisers shall ensure that security personnel are professionally trained by an institution recognized and registered by the authority for the time being responsible for such institutions. c) Events/Entertainment providers and organisers shall ensure briefings on emergency and security measures prior to the event. d) Event/Entertainment premises organisers shall have necessary security equipment but not limited to CCTV cameras, human metal detectors, bomb sweeps and communication equipment among others for both buildings and temporary structures e) Entertainment/event enterprises shall have a provision for firearm identification and handling for both buildings and temporary structures. f) Where hazardous materials must be handled, the workers shall be informed and guided on handling such materials by the premise owner and/or the event/entertainment manager for both buildings and temporary structures g) A risk assessment should be completed for each hazardous substance indicating that it is being used in accordance with requirements set out by the ministry responsible for Mining and Geology. h) If an event is to be held during adverse weather conditions, the event and entertainment providers shall provide protection against the same. 8.4 Fire Safety and Security measures a) The premises shall conform to the National Fire Safety Standards (KEBS), fire reduction rules 2007 b) Event/Entertainment premises shall ensure that the paint used is fire retarded to reduce spread of fire. 16
c) Temporary structures shall be audited and certified for compliance with Safety Standards by relevant authorities at least 3 hours before the event takes place. d) Notwithstanding the foregoing, event/entertainment organizers for both buildings and temporary structures shall ensure the following fire safety measures are in place: Firefighting equipment installed/positioned so that the maximum travel distance to a fire point is not more than 30 meters; Provision for a fire engine for events that cover over 3,000 people. Fire detection systems Trained Fire Marshals Fire exit signage and emergency assembly point Pre-event briefing on fire emergency management Medical and emergency preparedness. e) Event and entertainment premises, whether located in buildings or temporary structures, the following shall be provided for: Have a paramedic on call. First-aid facilities at the ratio of 1:500 and an appropriately qualified medical practitioner(s) present throughout the duration of the event. Where an event has more than 1,000 persons, the organizers shall have in place a medical ambulance with a standby paramedic. f) Access to fire equipment, first aid equipment and power boards shall not be obstructed. All passages shall be kept clear for both buildings and temporary structures. g) Where performers are required to use fire as part of their performance, risk assessment shall take account of costumes, props and sets and ensure appropriate controls are implemented to eliminate the risk of fire. 8.5 Electrical installation and safety Events and entertainment premises whether permanent or temporary should make provision for the following: a) Electrical installation after completion shall be inspected, tested and certified by a registered electrical contractor. Old electrical installations should be audited regularly and a certificate of compliance issued. 17
b) Stand-by emergency power shall be provided with adequate capacity for the electrical requirements of the venue. 8.6 Lighting a) Where natural lighting is provided with opening(s), the opening(s) shall be; situated in an external wall or in a suitable position on the roof of the building b) Where such opening is glazed, it shall be with transparent or translucent material c) The area of the opening including the exit areas shall not be less than 20% of the floor area of the room d) In the absence of adequate daylight in any area used by the public or audience, the house artificial lighting in such areas shall be fully in operation while the public are in the premises. e) If essential to the production that lighting is reduced or extinguished (except for fire safety signs), it should be controlled from a position with a clear view of the audience f) Lighting equipment likely to reach high temperatures shall be suitably guarded with a clearance maintained from flexible cords to prevent overheating. g) Maximum loads of lighting dimmers shall not be exceeded to avoid overloading and a consequent fire hazard. h) The installation and operation of any laser shall comply with necessary safety standards for lasers used for display purposes and located out of reach of members of the public. The safety of the laser installation including mirrors and mirror balls shall be checked on a regular basis. i) The event and entertainment enterprise and the provider shall notify patrons if and when strobe lighting is to be used in a performance. j) Where stroboscopic lighting units may be viewed directly by members of the public, these units shall be synchronized when more than one is used at a fixed frequency of less than 4 flashes per second. k) UV lights shall be eliminated or substituted wherever possible. Where the use of UV lights is unavoidable, to control adverse effects of UV light, identify potential sources and: limit access distance to the source where possible ensure sources are well maintained to prevent leakage enclose or shield the source wherever possible ensure replacement of component parts on sources will not increase potential UV lights 18
eliminate reflection where possible, and Train employees on effects and control measures. Change the location/working environment. 8.7 Ventilation Natural Ventilation a) Where, for the purposes of natural ventilation, a premise is provided with an opening(s) the position of opening(s) shall be such as to enable the premise to be ventilated. b) The total area of the openable shall not be less than 20% of the floor area of the room. c) Every such opening shall either be: A door in an external wall, or An openable glazed window in an external wall or in a suitable position in the roof, or An opening in the ceiling or at the top of an internal wall connected directly to a vertical ventilating duct. In the case of Temporary Structures this shall include: flaps and temporary doors d) The premises shall be effectively ventilated at all times. In venues where the ventilation system is designed to maintain a positive air pressure balance in the auditorium the ventilation system shall be operated so as to maintain the pressure balance at all times. 8.8 Noise and sound level control a) The structure shall be designed to ensure that excessive noise emissions from the activities within the property such as amplified music does not adversely impact on residents/occupants of surrounding properties. b) The premises are to be properly constructed and sound proofed to ensure that the escape of noise does not exceed that permitted under National Environmental (Noise Standards and Control) Regulations 2009. c) Specialist equipment may be required to measure sound levels in the entertainment enterprise. d) To preserve hearing, sound shall be in accordance to the NEMA regulations and any other related legislation. 19
8.9 Courtesy of choice a) Smoking can only occur in designated areas. b) Designated smoking areas shall be clearly marked and should meet the requirements under the Tobacco Control Regulations of 2014. c) Smoking shall be strictly prohibited in non-designated areas of the event/entertainment venue. d) Suitable means of extinguishing cigarettes/cigars must be provided by way of ashtrays, sandboxes or similar items and positioned in a manner accessible. 8.10 Food handling requirements a) Premises involved in the handling of food shall be subject to the requirements of the Food Safety Standards, Public Health Act and other licensing requirements. 8.11 Waste Collection a) A sufficient number of suitable receptacles for refuse storage shall be provided. b) These receptacles shall be covered, lined and maintained in a clean condition. c) Waste bins must be emptied at the end of every shift and more regularly when the premise is busy. d) All parts of the premises shall be regularly fumigated and kept free of vermin infestation. e) Garbage collectors shall be licensed by National Environmental Management Authority (NEMA). 8.12 Alcohol and Drug control a) At no time shall any illegal drug/s be brought into or consumed in the event/entertainment environment. 8.13 Performance platform a) Consideration must be given to glare and/or heat emanating from the performance/stage or other areas adjacent to where musicians are working. b) Adequate lighting must be provided. c) Initial sound checks and audio tuning must be scheduled so that other cast and crew members are not exposed to noise hazard. 20
d) No person should be exposed to radiation in excess of maximum permissible limits. 8.14 Firearms and Crude Weapons a) Firearms and owners of firearms in any event or entertainment occasion shall at all times be governed by the Firearms Act Cap 114 of 2015, Laws of Kenya. b) Firearms and crude weapons shall be prohibited in any event with the exception of: Where they are used as blunt props or replicas. Where the nature of event activity requires the use of such weapons. 9. Operational Guidelines 9.1 Risk Analysis a) All events and entertainment organisers shall conduct a risk analysis as required and submit their report to relevant authorities. b) The risk analysis shall detail the identified human and environmental hazards and the mitigation measures put in place to counter their occurrence. c) Risk analysis, must include analysis of the layout and surface of the set and performance areas, including the rake of the stage, revolves and the relationship of the stage and pit and/or audience. d) In the event/entertainment, if the risk cannot be eliminated then: Substitute with a less hazardous activity/substance or; Re-design or isolate the hazard or; Rearrange work organization and training to reduce exposure or; Use personal protective equipment. 9.2 Entertainment performance guidelines a) There shall be a binding contract between the events and entertainment host and provider for the event/entertainment service. b) There shall be an honest and ethical conduct including ethical handling of actual or apparent conflicts of interest between personal and professional relationships. c) Event/Entertainment provider shall ensure a well-coordinated move from rehearsal facility to the performance venue. 21
d) Event/Entertainment provider shall ensure all props, costumes and equipment are properly labeled and technical elements are set correctly in accordance with ground plans, notes and setting lists. e) Production crew shall provide Technical Rider and an Event/entertainment Production Checklist. f) The event/entertainment enterprise shall designate a clear boundary between the entertainer and the patron. The form of event/entertainment shall determine the distance between the performer and the patron. g) Event/Entertainment provider shall ensure dressing rooms are allocated according to the requirements of the Technical Rider with sensitivity to gender and cultural differences. Unauthorized persons shall not be permitted entry to such rooms. h) The event/entertainment enterprise shall provide an entrance / exit to the premises for performers which are separate from the ones designated for the consumers. i) Event/Entertainment provider shall ensure safety procedures are established and communicated to the appropriate personnel and drills are executed using established communication systems and in accordance with occupational and public health legislative requirements. j) The event/entertainment provider shall ensure technical information is prepared and circulated to the appropriate personnel in accordance with organization policy and procedures. k) The event/entertainment provider shall ensure all technical sequences for scene changes, lighting, sound or special effects are rehearsed in liaison with the production staff. l) Events and entertainment enterprise shall maintain up to date documentation and production information and a register of all persons performing at their premises including audience numbers and venue capacity. m) The entertainment/event enterprise shall ensure that they fully secure and manage the entire entertainment venue. n) Event and entertainment enterprise shall provide sufficient sound absorbing insulation to minimize noise pollution affecting adjacent properties or public rights in accordance with NEMA regulations. o) Performers shall not be allowed on stage in a state of nudity. p) Entertainment host shall ensure that entertainment ground / stage or facilities are cleared, cleaned and well maintained. 22
q) Event and entertainment enterprise/providers must display conspicuously a list of emergency contact numbers. That list must include the numbers for the Venue Manager or their representative together with numbers for emergency services. r) Entertainment/Events Organiser Company must have appropriate emergency plans and procedures in place for every event and production at every venue. s) Entertainment/Events organiser shall ensure that they obtain relevant skills, competencies and experience to match the expectations of the business opportunities: There shall be an audition by at least a credible professional to vet the competence of the performers The performer shall take documented practice, mentorship and coaching sessions to improve quality of performance, professionalism and competence. Performers shall have their performances recorded for referencing, education and posterity. t) Entertainment/Events organiser shall ensure dispute resolution mechanism is in place. u) All entertainment events and venues shall explicitly display the age guidance of the contents of such entertainment. v) Events and entertainment performances shall not exhibit content which is likely to: - Encourage, incite crime and propaganda for war; or Lead to disorder; or Stir up hatred against any section of the public on grounds of color, race or ethnic or national origin, disability, religion, gender, or Promote violence, sexual humiliation or degradation. w) The carrying capacity of venues set for an event/entertainment shall at all times be adhered to. x) All events and entertainment providers in collaboration with the relevant authorities shall make arrangements for controlled road traffic and aircraft landing and takeoff grounds where necessary. 23
9.3 Audience and crowd management a) The entertainment/event enterprise must ensure that appropriate signs/warnings are provided to the audience in respect of access, special effects, e.g. strobe lighting, smoke. b) All personnel interacting with audience members must be made aware of such signs/warnings. c) Stadium and seating arrangements must comply with relevant standards guidelines, legislation and building codes at all venues including non-dedicated performance venues. d) Seats, aisles, passageways, steps and stairs must be kept clean and clear of obstructions. e) Personnel required to interact with the general public shall be adequately trained in conflict resolution. f) Emergency and evacuation plans must consider the possibility of entrapment, structural collapse and the need for crowd control measures including the engagement of security personnel. g) First aid facilities, appropriate to the event, the site and the audience, must be provided. h) The Host, entertainment/event enterprise and the provider must ensure that adequate crowd management and safety policies and practices are implemented. 9.4 Entertainment/Event Production involving children Requirements for productions involving children shall include: a) Provision of age appropriate recreational materials, food and beverage, toilet facilities and accommodation facilities where necessary; b) Competent adult supervision; c) Health breaks; d) Authorized adult accompaniment to and from the area of production; e) Uncompromised privacy; f) Non-exposure to age distressing scenes, inappropriate and or potentially harmful media content; g) Non-exposure to drugs and alcohol; h) Not performing while naked or with a naked person or to partake in any sexual activity; i) Compliance with relevant legislation and regulations that are in their interest. 24
9.5 Event and Entertainment Productions involving animals Considerations in relation to use of animals include: a) Engagement of well trained and experienced animal handlers and, where necessary, veterinarian/s; b) Protective measures against animal contact and possible disease transmission; c) Appropriate distance between animals, performers, crew, audience and general public; d) Adherence to the welfare of the animals; e) Potential risks associated with animal/s’ performance; f) Facilities to house, feed and transport the animals in hygienic conditions without affecting the hygiene of nearby areas; g) Hygienic animal waste disposal; h) Contingency plans in case of emergencies. 25
PART III – SUPPORTING LEGISLATIONS INFORMING THESE GUIDELINES 1. The Tourism Act, CAP 28 of 2011. Laws of Kenya 2. Tourism Regulatory Authority Regulations 2014 3. The Kenya Vision 2030 4. People with Disabilities Act, No: 14 of 2003 5. Firearms Act, Cap 114 of 2015. Laws of Kenya 6. Kenya National Fire Safety Standard by Kenya Bureau of Standards 7. Fire Reduction Rules of 2007 8. Occupational Safety and Health Act of 2007 9. Work Injury Benefit Act of 2007 10. Environmental Management and Co-ordination Act (Noise and Excessive Vibration 11. Pollution) (control) Regulations, 2009 12. Environmental Management and Co-ordination (Amendment) Act, 2015 13. Mining and Geology Act of 2012 14. Films and Stage Plays Act cap222 15. Kenya Information and Communication Act, CAP 411 of 2013 16. Tobacco Control Act of 2007 17. Alcoholic Drinks Control Act No. 4 of 2010 18. Children’s Act No. 8 of 2016 19. Copyright Act of 2001 20. Public Health Act, CAP 242 of 2012 21. Public Order Act of 2016 22. Sexual Offences Act of 2006 23. National Cohesion and Integration Act of 2008 24. Statutory Instruments Act of 2013 25. Public Health Act, CAP 242 of 2012 26. Public Order Act of 2016 27. Sexual Offences Act of 2006 28. National Cohesion and Integration Act of 2008 29. Statutory Instruments Act of 2013 26
1 Publizr