7.1 Overcrowding, Capacity & Evacuation Procedures

Why This Topic Matters

US 16705 Performance Criterion 3.1 requires a duty manager to demonstrate knowledge of the legislative requirements for maintaining a safe environment on licensed premises — specifically overcrowding and evacuation. This is not a 'soft' topic: a packed venue with a blocked exit is how people die in fires, and the duty manager on duty at the time is personally accountable under multiple statutes. The LCQ examines the statutes and the practical control measures together, so you must be able to name the law and apply it.

The Three Statutes You Must Name

The duty manager's safety duties arise from three separate Acts. The exam expects you to know which Act does what.

A common exam trap is to credit the Sale and Supply of Alcohol Act 2012 with capacity rules. It does not set the maximum occupancy — that comes from the Building Act 2004 compliance schedule and/or a condition on the alcohol licence. The SSAA 2012 is the alcohol statute; these three are the safety statutes.

Maximum Occupancy and Overcrowding

Every licensed premises has a maximum occupancy (sometimes called the maximum patron load or capacity). It is typically set by:

• the Building Act 2004 compliance schedule, which records the building's specified intended use and the loadings the means of escape were designed for; and/or
• a condition on the alcohol licence imposed by the District Licensing Committee (DLC) — for example, 'no more than 80 persons in the bar area'.

The duty manager must not allow the premises to exceed capacity. Overcrowding is simultaneously a safety risk (people cannot get out in an emergency) and a compliance breach against both the licence condition and the Building Act. DLCs and the Alcohol Regulatory and Licensing Authority (ARLA) treat exceeding capacity as a serious infringement that can trigger a licence suspension.

Practical overcrowding controls

• Door count — a tally of in/out at every entrance; the duty manager checks it against capacity throughout service.
• One-in-one-out — once capacity is reached, a patron must leave before another enters.
• Density monitoring — walk the floor; the bar front, dancefloor, and smoking courtyard are the usual pinch points. A space can be 'at capacity' for comfort and safety before it hits the legal number.
• Keep exits clear at all times — no crates, no cleaning gear, no kegs, no patrons standing in the exit corridor. This is a Building Act means-of-escape requirement.
• Queue management — an orderly external queue is safer than a crush at the door; security staff control flow.

Approved Evacuation Schemes (FENZ)

Section 75 of the Fire and Emergency New Zealand Act 2017 defines a 'relevant building' as one that meets any of several triggers, the most important for licensed premises being:

The gathering together, for any purpose, of 100 or more persons.

The FENZ Application Reference Guide clarifies that this threshold is what the building CAN hold, not what is usual. A community hall that normally draws 50–60 but can seat 100 is a relevant building. A 120-capacity bar is a relevant building even on a quiet Tuesday when only 20 patrons are present.

Other triggers include: employment facilities for 10+ persons, accommodation for 6+ persons, early childhood/nursing/medical/geriatric/specialised disability care, lawful detention, and hazardous substances above prescribed minimums.

A 'relevant building' must have an approved evacuation scheme submitted to and approved by FENZ. The scheme must include:

• the building's evacuation procedure;
• fire action signs/notices;
• firefighting equipment details;
• places of safety;
• a maintenance plan.

The scheme must be kept current through trial evacuations and/or training programmes at intervals of not more than 6 months. Records of these drills are evidence of compliance.

A limited exemption exists for buildings that trigger only the employment (10+) or accommodation (6+) triggers and have an automatic sprinkler system to NZS 4515 or NZS 4541 — but this exemption does not apply to the 100-person gathering threshold. A licensed premises that can hold 100+ needs an approved scheme, full stop.

Non-compliance can lead to prosecution and a court-ordered closure of the building under ss76(4) and 79 of the FENZ Act.

The Duty Manager's Role in an Evacuation

When the alarm sounds, the duty manager is the marshal. The practical sequence:

1. Call 111 and confirm FENZ has been notified (alarm monitoring may have done this; verify it).
2. Direct staff to sweep assigned zones, including toilets and outdoor areas, and to escort patrons to the nearest exit.
3. Keep exits clear and direct patrons to the designated assembly point.
4. Account for staff and patrons at the assembly point — take a head count against the door tally.
5. Do not allow re-entry until FENZ gives the all-clear.
6. Record the event — time, cause, duration, problems — in the incident register.

Staff must be trained on this sequence at induction and at every six-monthly drill.

Exam scenario: busy Friday approaching capacity

Your door count shows 96 patrons against a licence condition of 100. A group of eight arrives. The correct response is one-in-one-out — admit patrons only as others leave, never exceed 100. Admitting the group to 104 is a breach of the licence condition and a Building Act overcrowding breach, regardless of how short the time.

Exam scenario: fire alarm during service

The fire alarm activates on a packed Saturday at 10 pm. The correct action is to treat every alarm as real: stop service, marshal staff, evacuate patrons via the nearest clear exit, account for everyone at the assembly point, and do not re-enter until FENZ clears the building. Continuing service to 'see if it's a false alarm' is a serious breach of the FENZ Act evacuation procedures and the duty manager's HSWA duty to manage risks.