The organiser of an artistic or entertainment event, especially one with the character of a mass event, faces several important obligations. One of the fundamental issues to be taken care of is ensuring adequate security for the event. Failure to exercise due diligence in this regard may entail not only severe financial consequences for the organiser, but also criminal liability.
According to the definition contained in the Act on Security of Mass Events of 20 March 2009, a mass artistic and entertainment event is an event of an artistic or entertainment nature or an organised, public viewing of a television broadcast on a screen or other device with a large diagonal image (more than 3 meters), at which the number of places for participants established under regulations is:
The primary source of regulations governing the criminal liability of the organiser of a mass event is the aforementioned Act on Security of Mass Events of 2009. The Act imposes several obligations on the organiser, the non-fulfilment or improper fulfilment of which increases the risk of criminal liability.
Firstly, the organiser is responsible for the security of the mass event at the place and during its duration. It includes the organiser’s compliance with the requirements concerning ensuring the safety of persons participating in the event, protection of public order, medical security, and ensuring the appropriate technical condition of buildings together with the installations and technical equipment serving these buildings, particularly fire protection and sanitation. Failure to comply with the abovementioned requirements when organising a mass event is punishable by a fine between PLN 1,800 and even PLN 1,080,000.
Secondly, the organiser is responsible for adequate technical and logistical security for the entire event. In this respect, they are obliged in particular to comply with the requirements set out in the building law, sanitary regulations, and fire protection regulations, ensure the participation of law enforcement services, information services, and the security manager in charge of these services, provide medical assistance, organise hygiene and sanitary facilities, designate evacuation routes and roads allowing access for emergency vehicles and the police, provide rescue and firefighting equipment. As in the previous case, failure to comply with the above requirements exposes the organiser to a fine between PLN 1,800 and PLN 1,080,000.
Thirdly, the organiser is responsible for formal and legal issues related to the organisation of the mass event. Therefore, they are obliged to obtain a permit to hold such an event, issued by way of a decision by the locally competent head of the commune, mayor, or city president. Organising a mass event without the required permit, contrary to the conditions set out in the permit or contrary to the prohibition issued, constitutes an offence punishable by a fine, restriction of liberty, or imprisonment between six months and eight years.
Fourthly, under the organiser’s obligation to ensure the safety of the event’s participants, the organiser may be held criminally liable for offences against public safety regulated in the wording of the Penal Code. Such a situation may occur, for example, when, as a result of negligence in the organisation of a mass event, an event threatening the life or health of many persons occurs (e.g. fire, collapse of a building, explosion of explosive or flammable materials) or an imminent danger of such an event occurring. In the first case, the event’s organiser faces a prison sentence of between one and 10 years, while in the second case, between six months and eight years.
The examples mentioned above prove that negligence in implementing a mass event may expose the organiser to severe consequences and cost him not only the loss of money but, in extreme cases, also his freedom. Therefore, it is worth remembering to exercise due diligence when organising a mass event, performing the necessary duties personally, and selecting partners and subcontractors to be entrusted with these duties. It should also not be forgotten to scrupulously document the fulfilment of the obligations incumbent on the organiser to increase your chances of successfully defending yourself against possible charges.