With the Christmas build up now shifting into high gear, many farms around Scotland will be getting ready to open their gates to the public – farm shops, Christmas markets, Santa’s Grottos, animal experiences and festive tractor and trailer rides can all do a roaring trade! Organising public events like these can offer a unique and enjoyable experience for all, giving local families a fun day out whilst also hopefully providing a new income stream for the farmer. However, before planning any event on a farm, it is crucial to be aware of the legal considerations to ensure compliance with regulations and of course, the safety of participants. In this article, we’ll briefly explore some key matters event organisers should take into account when holding events on farms in Scotland – whether at Christmas, or indeed at any other time of the year.

  1. Landlord’s Consent: For tenant farmers, the first thing you will need to do is seek the consent of your landlord to the event that you want to run. Running a public event on a tenanted farm is classed as diversification – that is, the use of the land and fixed equipment on the holding for non-agricultural purposes. Legally, landlord’s consent is required for any diversification activity (even a temporary seasonal event) and the procedures that must be followed to obtain that consent are set out in the Agricultural Holdings (Scotland) Act 2003. Useful guidance on seeking landlord’s consent for diversification has also been issued by the Tenant Farming Commissioner (click here to view). In practice, for a temporary ‘pop-up’ event, a simple letter from the landlord consenting may well be sufficient.
  2. Set Up and Running Costs: Careful consideration of set up and running costs is essential, as well as ensuring sufficient resources are available for dealing with any unforeseen expenses. Projected costs may include venue preparation, ongoing maintenance and repair, temporary structures, suppliers, hygiene facilities, licences and waste management, among others. A detailed budget should be considered and regularly reviewed to avoid financial surprises!
  3. Local Authority Consent and Licencing: Ensuring compliance with all relevant regulations is essential to avoid legal complications and to ensure a smooth and successful event. Event organisers should liaise with local authorities and other public bodies (such as SEPA) as necessary to secure any permissions, permits or licences which might be required. This may include operating, entertainment, food and drink service or alcohol licences, or food hygiene certification, as well as any planning permissions or consents required for any proposed temporary or permanent structures, such as signage or cabins, as well as those for facilities such as toilets.  
  4. Access and Parking: Organisers should consider how people will access the event. Suitable routes and parking areas should be carefully thought through in advance and appropriate signage used to ensure the safety of the general public and farm staff, whilst also minimising any negative impact on the land or disturbance of livestock.
  5. Insurance Coverage: Comprehensive insurance coverage is essential and organisers should ensure their existing coverage meets the minimum requirements for the event type. As a minimum, an appropriate level of public liability insurance cover will be required to protect against injury or property damage claims. Some events may also require specialist cover depending on the risk or activities involved, so it is a good idea to liaise with  insurers / brokers in early course to identify requirements and address any shortfalls as necessary. Cover for adverse weather conditions or other unforeseen circumstances that could disrupt the event are optional, but may also be worth considering, especially if the set up costs are significant.
  6. Health and Safety: Health and safety regulations are paramount when hosting any event and organisers should ensure they conduct thorough risk assessments, identifying potential hazards such as uneven terrain, farm equipment, water hazards, and animal interactions. The Occupiers’ Liability (Scotland) Act 1960  imposes a general duty on landowners and occupiers to take “reasonable” care that anyone entering their land does not come to harm because of any hazards that might be present there – a farmer might be taken to have breached their duty under the 1960 Act if they have not taken steps to manage the risks arising from unsuspecting members of the public accessing their land. Safety measures should therefore be implemented to mitigate these risks and ensure the safety and well-being of all participants and suppliers. Provision of first aid and hygiene facilities should also be considered and may even be a mandatory requirement for some events.
  7. Supplier Contracts: Engaging reputable suppliers is a crucial aspect of event planning and organisers should consider whether each has the necessary expertise and credentials for the service required, as well as all appropriate licences and their own insurance coverage. It is essential to establish clear and comprehensive contracts with all suppliers which clearly define what they will provide and when, payment terms, and any cancellation policies.
  8. Marketing Strategies: Successful marketing is crucial for engaging interest in any event and utilising digital platforms, social media, and local advertising can help create awareness. Clearly communicating the unique aspects of your farm venue and event and activities on offer may well draw in more interest.

Conclusion

Whilst hosting events on farms in Scotland can create a unique and memorable experience for all involved (as well as giving a welcome boost to the business bank account!) navigating the potential pitfalls of the legal landscape can be a time consuming process. Early collaboration with landlords, local authorities, legal professionals, insurance brokers, marketing specialists, and suppliers as necessary is recommended to ensure compliance and to maximise the success of your event.

For advice on running events or any other diversification matters, please get in touch with our team.