NOT PROTECTIVELY MARKED

The Core Cities Group – Safety at Sports Grounds and Public Events Working Group, and the District Surveyors Association – Public Safety and Safety at Sports Grounds Committee

SPORTS GROUNDS AND PUBLIC EVENTS SAFETY ADVISORY GROUP TERMS OF REFERENCE GUIDANCE DOCUMENT

In association with -

Institute of Licensing

Local Government Association

Acknowledgements

The Core Cities Group – Safety of Sports Grounds and Public Events Working Group, consists of representatives from the following Local Authorities. All members Authorities had a role in the production of this document.

Birmingham, Brent, Bristol, Cardiff, Edinburgh, Glasgow, Hammersmith & Fulham, Leeds, Liverpool, Manchester, Newcastle, Sheffield, Sunderland, Trafford and Westminster.

The Groups would like to thank the following for their input to the consultation process –

  • Football Licensing Authority.
  • Association of Chief Police Officers.
  • The National Fire Safety Committee of the Chief and Assistant Chief Fire Officers’ Association.
  • Ambulance Service Association.
  • Football Safety Officers Association
  • Dominic Stagg, Secretary, Institute of Licensing.
  • LACORS.

Their input during the consultation process on all matters was greatly appreciated and is included in the document where appropriate.

Whilst all due care has been taken in the preparation of this document, non of the participants nor their employers can be held responsible for any omissions or errors contained herein, or for any damage or injury arising from any interpretations of its contents.

Mr. R Burrows

Chair

Mr. S Clare

Secretary

Core Cities Safety of Sports Grounds and Public Events Working Group

Contentspage no

Acknowledgements1

Contents2

  1. Introduction3 - 4
  1. Application of the guidance4 - 5

Recommended sections for a Terms of Reference document for a Safety Advisory Group for sports grounds or public events 6

  1. Local Authority policy for the Safety Advisory Group6 - 8
  1. Terms of reference the Safety Advisory Group9- 10
  1. Composition of the Safety Advisory Group11 - 13
  1. Administration of the Safety Advisory Group13
  1. Frequency of meetings of the Safety Advisory Group13 - 14
  1. Form of minutes of the Safety Advisory Group14
  1. Roles and responsibilities of the Core Members of the

Safety Advisory Group members15 -18

SPORTS GROUNDS AND PUBLIC EVENTS SAFETY ADVISORY GROUP TERMS OF REFERENCE GUIDANCE DOCUMENT

Introduction

1.0In paragraph 31 of the Final Report of his inquiry into the Hillsborough Stadium Disaster, the then Lord Justice Taylor recommended that –

1.1`To assist the Local Authority in exercising its functions, it should set up an Advisory Group (if this has not already been done) consisting of appropriate members of its own staff, representatives of the police, of the fire and ambulance services and of the building authority. The Advisory Group should consult representatives of the club and of a recognised supporters’ organisation on a regular basis. The Advisory Group’s terms of reference should encompass all matters concerned with crowd safety and should require regular visits to the ground and attendance at matches. The Advisory Group should have a chairman from the local authority, and effective procedures. Its resolutions should be recorded and it should be required to produce regular reports for consideration by the local authority. `

1.2The Football Licensing Authority (FLA) in its recent publication - Safety Certification – reaffirmed this recommendation in relation to football and gave broad advice to Local Authorities regarding Safety Advisory Groups for football. The FLA recommended, among other matters that Local Authorities consider written policy statements identifying the specific responsibilities of particular individuals or groups of staff and that the Safety Advisory Group should be properly constituted and have written terms of reference with effective procedures.

1.3Safety Advisory Groupscan be seena fundamentalcore around which the safety planning at all sports grounds and public events can be considered. They can bring together inter-agency expertise to advise and guide the Local Authority in both certified and non-certified sports grounds, as appropriate. Theprincipal objective being to create aconsistent and well-tried safety oversight process that can be used to enhance public safety at sports grounds and public events. It is accepted that Local Authorities involvement in safety at sports grounds and public events comes through democratic public accountability in response to legislation.

1.4This document has been prepared in the light of discussions at the meetings of the Core Cities Group – Safety at Sports Grounds andPublic Events Working Group, and the District Surveyors Association – Public Safety and Safety at Sports Grounds Committee. The meetings identified that whilst the principles behind the idea of Safety Advisory Groups has great merit, the actual implementation or recording of policies of such Groups within Local Authorities was open to a variety of interpretations. The debate indicated that in the Local Authority framework that deals with sports grounds, it is common practice to have Safety Advisory Groups to provide the Authority with specialist advice to help it discharge its functions under the sports grounds legislation. However, where public events are considered, only 50% (approximately) of Authorities may have such a Group that help it discharge its functions under licensing legislation.

1.5In this regard it is recommended that Local Authorities set up a Safety Advisory Group to help them discharge their functions under either sports grounds, or, licensing legislation in their area. This guidance is designed to assist Local Authorities by providing recommendations on the terms of reference for a Safety Advisory Group for all sports ground and public events.

1.6It may be appropriate that Local Authorities also consider whether they wish to include non-certified sports grounds and non-licensed public events within its remit for its Safety Advisory Group. Local Authorities may wish to seek a Memorandum of Understanding (or similar arrangement) between the Safety Advisory Group and non-certified sports grounds/non-licensed public events managers, that they submit their proposals to the Safety Advisory Group and agree to comply to the same legislative standards as certified sports grounds holders and public events managers. This will be for local determination.

1.7The Groups recommend that Local Authorities may find it beneficial to operate separate Safety Advisory Groups for sports grounds and public events, even where the two groups may share some of the same membership. This process will aid the focusing of the Groups meetings and the overall development of the Group in relation to the varied aspects both types of spectator attended event presents.

Application of the guidance

2.0The following guidance is based on principles that consider a `best practice` approach to recording the policies for a Safety Advisory Group. It assumes that the principles of the policies have already been/will be accepted by the Local Authority, and have been/will be incorporated into their procedures for the Safety Advisory Group and need only to be recorded.

2.1It was not considered appropriate that a stand alone model document be produced, as this may have been too restrictive on local practices within and between the Local Authority and the local emergency services. Instead, the guidance that follows is considered under the individual headings proposed below in the document, with a commentary followed by a suggested form of wording that will satisfy the guidance.

2.2As stated, this document recommends two separate Safety Advisory Groups for sports ground and public events. However as the main principles are identical, much of the wording for a document for either Group is also identical. The document therefore gives a commentary (numbered paragraphs) followed by the recommendations (`suggested form of wording`) and only requires the deletion/alteration of identified words/phrases or sections (followed by the phrases `insert/delete/specify` in italics), to provide the relevant recommended wording for the terms of reference for a Safety Advisory Group document for either sports grounds or public events. This process is not intended to limit the wording of the terms of reference document to only that indicated, but simply gives a working baseline for the document.If a Local Authority wishes to insert any appropriate section (/part of) of the foregoing commentary to a section, then they are free to do so. It is appreciated that the document will be tailored to suit local needs.

2.3Each Safety Advisory Group should operate within the Local Authority’s set procedures and committee structure and report to the appropriate committee of the Authority. In certain Authorities the Chair of the SAG may have delegated powers on behalf of the Local Authority. It is recommended that the guidance be presented to the Local Authority’s Safety Advisory Group. The Group should consider the guidance and recommend to the relevant committee, to which the Groups reports are submitted, that the guidance be adopted by the Local Authority as a method of recording the terms of reference for the Group. Consultation with the relevant Local Authority Services, Emergency Services and other agencies in the area will be required to fulfil the necessary consultation process.

2.4The guidance in this document is not compulsory; however, consideration of the processes recommended in the document should prove valuable to all those concerned.

Recommended sections for a Terms of Reference document for a Safety Advisory Group for sports grounds or public events

It is recommended that the document be divided into the following sections -

  • Local Authority policy for the Safety Advisory Group.
  • Terms of reference for the Safety Advisory Group.
  • Composition of the Safety Advisory Group.
  • Administration of the Safety Advisory Group.
  • Frequency of meetings of the Safety Advisory Group.
  • Form of minutes of the Safety Advisory Group
  • Roles and responsibilities of the Core Members of the Safety Advisory Group.

Local Authority policy for the Safety Advisory Group.

3.0This section should contain a statement that reflects the Local Authority’s Aims and Objectives in relation to the relevant sports grounds/ public events in its area. It is considered that it need only be a broad statement of the Authorities overall objectives as they relate to sports grounds or public events.

Suggested form of wording –
  • It is the policy of (insert Authority) to uphold reasonable standards of public safety at all sports grounds/public events (delete as appropriate)listed herein in (insert County/City/Town) and to encourage the well being of the public at those sports grounds/public events (delete as appropriate). To aid this the Local Authority maintains a Safety Advisory Group for sports grounds/public events (delete as appropriate), and partnerships with selected agencies to offer specialist advice to the Local Authority.

3.1This section should also contain a record of the legislation relevant to the area of work that the Safety Advisory Group gives advice on, depending on whether the Group is for sports grounds or public events.

Sports grounds– (delete as appropriate)

Suggested form of wording (sports grounds England and Wales only, for Scotland please insert relevant wording) – (delete as appropriate)
  • The Local Authority will exercise its powers under the Safety of Sports Grounds Act 1975 and the Fire Safety and Safety of Places of Sport Act 1987 in respect of the safety certification of the following sports ground/s, regulated stands.

Designated Sports Grounds (list as determined).

Regulated Stands (list as determined).

Safety of Sports Grounds Act 1975 (as amended),

Duty: The Local Authority has a statutory duty under the above legislation to –

a)Issue General and Special Safety Certificates for designated sports grounds in (insert County, City, Town), containing “such terms and conditions as the local authority consider necessary or expedient to secure reasonable safety at the sports grounds”.

And;

b)If necessary, serve a prohibition notice in respect of a sports ground if the Authority are of the opinion that - “the admission of spectators to a sports ground or any part of a sports ground involves or will involve a risk to them so serious that, until steps have been taken to reduce it to a reasonable level, admission of spectators to the ground to that part of the ground ought to be prohibited to restricted”. (Section 10 is applicable to designated and non designated sports grounds).

Fire Safety and Places of Sport Act 1987 Part III

Duty: The Local Authority has a statutory duty under the above legislation to –

a)Issue a Safety Certificate for Regulated Stands in (insert County, City, Town), containing “such terms and conditions as the local authority consider necessary or expedient to secure reasonable safety in the Stand when it is in use for viewing the specified activity or activities at the ground”.

3.2The Local Authority also should consider whether or not they wish their Safety Advisory Group to include within its remit non-designated sports ground and non-licensable events with regard to a duty of care and record this. This is a matter for local determination.

Suggested form of wording – (delete if not applicable).
  • The Local Authority will exercise its duty of care in relation to the following sports ground/s, non-regulated stands (specify/delete as appropriate).

Non-Designated Sports Grounds (list).

Non-Regulated Stands (list).

Non licensed events.

Public events – (delete as appropriate)

3.3With the awaited introduction of the guidance and requirements of the Licensing Act 2003, any reference to previous legislation is not made in this document. It is recommended that Local Authorities consider the new legislation and provide wording in a similar format to the above to satisfy the Licensing Act 2003. Wording appropriate to satisfy to the applicable Scottish legislation on public events should be included in this section.

Health and Safety legislation. – (Applicable to both forms of Safety Advisory Group).

3.4The local authority is an “enforcing authority” as defined in the Health and Safety (Enforcing Authority) Regulations 1998 for work activities where the main activity includes cultural, entertainment or sporting activities. Where a public event is managed or otherwise controlled by the local authority the enforcing authority will be the Health and Safety Executive.

Suggested form of wording –
  • The local authority will enforce the relevant statutory provisions to ensure the health, safety and welfare of employees, members of the public and any other person affected by a work activity. This includes all outdoor public events including the erection and dismantling of any structures or equipment used in the event.

Terms of reference for the Safety Advisory Group.

4.0The main role of the Safety Advisory Group is to provide specialist advice to the Local Authority to help it discharge its functions under either sports grounds or public events legislation. The Group should also provide an overarching role considering enhancing safety at sports grounds and public events by providing advice and assistance to Certificate Holders and licensees. The Group should consider all matters within its remit and make recommendations to the appropriate Committee/Service of the Local Authority. It is necessary that the Safety Advisory Group operates within a defined (recorded) role, in order that it effectively carries out this function.

Suggested form of wording –
  • To advise the Local Authority in the exercise of its powers under the Safety of Sports Grounds Act 1975 and the Fire Safety and Safety of Places of Sport Act 1987 in respect of the safety certification.(delete as appropriate).
  • To advise the Local Authority in the exercise of its powers under the Licensing Act 2003 (delete as appropriate).
  • To advise the local authority as the enforcing authority as defined in the Health and Safety (Enforcing Authority) Regulations 1998 for enforcement of the relevant statutory provisions.
  • To advise the Local Authority in relation to its duty of care regarding sport grounds/ public events(delete as appropriate) that do not require to be Certified/ Licensed(see item 3.2 above, specify/delete as appropriate).
  • To provide advice and assistance to sports grounds certificate holders, event license holders and event planners on public safety related issues.
  • To provide a forum within which the Local Authority and other agencies may develop a co-ordinated approach to spectator safety.
  • Consider aspects of and possible changes to the terms and conditions in the General/Special Safety Certificate/ Licensed Conditions (delete as appropriate).
  • to receive and discuss all proposals for new sports grounds and public events (delete as appropriate), alterations to existing designated Sports Grounds/ public events(delete as appropriate),
  • To receive any relevant reports in relation to matters found during inspections by Group members.
  • Monitor that any matters raised by the Group have been reported to the Local Authority, other relevant Authority, certificate holders or, event license holder and that these matters are reported back to the Group.
  • To discuss any significant incident with potential safety implications or “near miss” at a sports ground/public event(delete as appropriate).
  • To receive notification of the issue of any prohibition notice and any prosecutions under sports grounds /events legislation (delete as appropriate).
  • To consider the advice published in all available guidance documents

4.1This section should also record who has (and does not have) the power to take decisions and/or how these are to be reported to/or submitted to a Local Authority’s members’ committee for approval. The Groups policy relating to conflicts of interest as they relate to the Local Authority core group members should also be recorded.

Suggested form of wording –
  • The Safety Advisory Group as such cannot take any decisions on behalf of the Local Authority. The Local Authority’s decision making power is delegated to the Chair of the Safety Advisory Group or such other officer as is specified (specify as appropriate), or, the (insert name of Committee/Service) holds the power of approval on any recommendations made by the Group. (delete as appropriate).
  • The Local Authority core members of the Safety Advisory Group must declare any material conflict of interest in relation to any item put before the Group, prior to any discussion on that matter. If the interest could be considered prejudicial, then that person should consider if they should withdraw and be replaced by an appropriate party agreed with the Group.

Composition of the Safety Advisory Group.