Article / 11 Aug 2026

HSE guidance refresh serves as a reminder to review what is ‘reasonably practicable’

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Gateley Legal

The Health and Safety Executive (HSE) has refreshed its entertainment and leisure industry guidance, providing a timely reminder that organisations operating public-facing activities should regularly review whether their arrangements remain sufficient to discharge their legal duties. Whilst the update does not introduce any new legal obligations, it highlights the importance of keeping pace with current guidance when determining what is ‘reasonably practicable’ to manage risk. 

According to HSE, the changes to the industry guidance are intended to remove duplicated and outdated content, improve navigation and make it easier for duty holders to identify guidance relevant to their activities.

  • What does the refreshed guidance cover?

    The revised guidance has been reorganised into six principal areas:

    • fairgrounds and fairground rides;
    • leisure activities, including swimming pools and sports clubs;
    • film, theatre and broadcasting;
    • construction activities within the entertainment industry;
    • bouncy castles and other inflatables; and
    • children’s play and leisure.

    The aim is to make it easier for employers, self-employed individuals, freelancers and organisations responsible for public-facing activities to access the information most relevant to their operations. 

No new duties, but the same legal expectations remain

The refresh does not alter the underlying legal framework. Organisations operating within the entertainment and leisure sector remain subject to the Health and Safety at Work etc. Act 1974 and associated legislation, including, where relevant, Martyn’s Law.

Under sections 2 and 3 of the Act, employers must ensure, so far as is reasonably practicable, the health, safety and welfare of their employees and conduct their undertakings in such a way as to ensure, so far as is reasonably practicable, that persons not in their employment are not exposed to risks to their health or safety.

In many entertainment and leisure settings, those who may be affected by an organisation’s activities extend well beyond the workforce. Visitors, spectators, participants, volunteers, contractors and children may all be exposed to risks arising from an undertaking. The management of those risks therefore remains a key area of regulatory focus. 

  • Why does guidance matter?

    Although HSE guidance does not carry the force of law, it is often an important consideration during regulatory investigations and enforcement action.

    Following an incident, HSE inspectors will frequently examine what guidance was available to a duty holder and whether that guidance was considered when assessing risks and implementing control measures. Whilst an organisation is not required to follow guidance word for word, it should be able to demonstrate that it has taken reasonably practicable measures to manage foreseeable risks.

    In that context, the refreshed guidance provides organisations with an accessible source of information on HSE’s expectations across a range of entertainment and leisure activities.

  • What should organisations do?

    The refresh presents a useful opportunity for organisations to review their arrangements and ensure they remain fit for purpose.

    In particular, duty holders may wish to consider:

    • reviewing risk assessments and safe systems of work against current guidance;
    • ensuring maintenance, inspection and testing regimes remain effective;
    • revisiting arrangements for managing contractors, freelancers and volunteers;
    • assessing whether supervision arrangements remain appropriate;
    • reviewing emergency procedures and incident response plans; and
    • documenting decisions where guidance has been considered but alternative control measures have been adopted.

    For organisations responsible for public attractions, leisure facilities, community events, inflatables and activities involving children, periodic reviews can help demonstrate that risks are being actively managed and that control measures remain appropriate in light of current industry practice. 

Looking beyond health and safety

Whilst the refreshed guidance focuses on physical safety rather than safeguarding, organisations delivering activities involving children may wish to take the opportunity to review wider governance arrangements at the same time.

Health and safety obligations and safeguarding responsibilities are distinct, but both are aimed at protecting individuals from harm. As organisations increasingly provide public-facing services, there can be value in ensuring that risk management processes sit alongside robust safeguarding arrangements, clear reporting procedures and appropriate staff training.

Gateley comment

At first glance, HSE’s refresh may appear to be little more than a housekeeping exercise. However, it reinforces an important point for duty holders: compliance is not simply about understanding legal duties, but about ensuring that reasonably practicable measures are in place to manage risk.

The entertainment and leisure sector often involves dynamic environments, temporary activities and direct interaction with members of the public. Organisations should therefore use this refresh as an opportunity to review whether their risk assessments, management arrangements and control measures remain appropriate in light of current guidance and industry practice.

From a defence perspective, organisations that can demonstrate they have considered relevant sector-specific guidance and actively reviewed their arrangements are often in a stronger position when responding to regulatory scrutiny following an incident.

Get in touch

For further information on health and safety compliance, regulatory investigations, incident response or safeguarding governance, please contact a member of Gateley Legal’s Regulatory team.