Public Health Services Safety at Sports Grounds Procedure Document

Transcription

1 Public Health Services Safety at Sports Grounds Procedure Document Original Date of Issue: March 2011 Last review date: December 2012 (HMC) Current review date: January 2014 (HMC) Version no: 4.0 Next review date: July 2015 Document author: M Meechem Document reviewer: H Clarke Document authoriser: A Jenkins Status: OPEN

2 Amendments Page Version Number Description of Amendment Section and Page Number Date of amendment Date Plan Amended Signature 2.0 Change to lead officer details Change to lead role details 3.0 Document status specified FLA replaced with SGSA Include MoU with Avon Fire and Rescue Service Additional guidance Updated matchday inspection report form Include Activity Chart 4.0 Lead officers updated Refer to HOC72/1987 for annual inspection Require minutes, agenda etc for SAG meetings Refer to MOU Add inspection of regulated stands Add Enforcement Policy Add Template Prohibition Notice Add Annual Inspection checklist 6 10 Cover All P.6 and App E P.7 App.B App F 2.3 / P7 2.7 / P8 4.2 / P / P11 App F App G App H App I 14/11/12 14/11/12 P.Tregale 21/12/12 H. Clarke 16/1/14 H. Clarke 2

3 Contents Section 1 Introduction Page Section 2 Policy Page Section 3 Safety Advisory Groups (SAG) Page Section 4 Roles and Responsibilities Page Appendices Appendix A Designated grounds and regulated stands Appendix B Match day inspection checklist Appendix C SAG terms of reference Page Page Page Appendix D Membership of Bristol City Council Safety Advisory Groups Page Appendix E Memorandum of Understanding with Avon Fire and Rescue Service Page Appendix F Annual Activity Chart Appendix G Enforcement Policy Page Page Appendix H Prohibition Notice Appendix I Annual Inspection Record Page Page 3

4 1.0 INTRODUCTION 1.1 Overview This document has been produced by Bristol City Council and is the agreed policy and procedure for managing Safety of Sports Grounds within the City of Bristol. Under the Safety of Sports Grounds Act 1975, the Bristol City Council is responsible for issuing and enforcing a safety certificate in respect of sports grounds designated by the Secretary of State. These are sports grounds that in his opinion have accommodation for more than 10,000 spectators or 5000 in the case of a Football League ground in England or Wales. The document also applies to the safety certification of stands regulated in Bristol under the Fire Safety and Safety of Places of Sport Act Purpose of document The policy document provides an overview of policy and terms of reference for the management of Safety of Sports Grounds within Bristol. It also clarifies the roles and responsibilities of the organisations and agencies involved. Appendix G is the Council s Enforcement Policy in relation to safety at sports grounds. 1.2 Policy aim Bristol City Council s policy aim working in conjunction with its partner agencies, is to ensure the reasonable safety of spectators attending any of the sports grounds in Bristol falling within the scope of the Safety of Sports Ground Act Policy objectives Bristol City Council s policy objectives are: To ensure that spectator safety is of the highest attainable standard as is reasonably practical at all sports grounds but particularly those which are designated or have regulated stands in Bristol To establish and manage the Safety Advisory Groups (SAG) for the designated grounds listed at Appendix A To establish and manage SAG for those grounds having a regulated stands listed at Appendix A To establish any ad hoc SAG as required To establish an annual review of the General Safety Certificate for each of the designated grounds To establish a review of the Safety Certificate for each of the regulated stands every two years unless capacity exceeds 2000 when a review will take place annually To foster, encourage and promote a safety culture within sports grounds in Bristol. To work in partnership with the management of the sports grounds to achieve compliance where possible, and to take appropriate enforcement action in line with the Enforcement Policy (Appendix G) where necessary. 4

5 1.4 The Safety Certificate The safety certificate is part of a total, integrated system for managing health and safety at sports grounds. While the local authority is responsible for issuing the safety certificate, safety cannot be achieved by one agency acting in isolation. The local authority has a statutory responsibility to consult with Police, Fire and Building Control authorities. This duty will be discharged through the Safety Advisory Group (SAG) which is a multi agency advisory group consisting of officers of the Bristol City Council and representatives from Avon and Somerset Constabulary, Avon Fire and Rescue Service, and South Western Ambulance Service NHS Trust (SWAST), representatives from the club concerned including their safety officer, together with any other interested parties that the chair of the SAG considers appropriate. The primary function of the SAG is to provide specialist advice to the Bristol City Council. The safety certificate will contain the terms and conditions that the Bristol City Council considers necessary or expedient to secure the reasonable safety of spectators at sports grounds when it is being used for the activities specified in the certificate. The primary responsibility for the safety of spectators at the sports ground rests at all times with the sports ground management and will not be assumed by the Bristol City Council. 1.5 Consultation The Emergency Services and the Sports Grounds Safety Authority (SGSA) have been consulted on the content of this document. It has been amended in line with SGSA advice. See for further information. 1.6 Definitions The Safety of Sports Grounds Act 1975 defines a sports ground as A place where sports or other competitive activities take place in the open air, where accommodation has been provided for spectators, consisting of artificial structures or of natural structures artificially modified for the purpose The Fire Safety and Safety of Places of Sport Act 1987 defines regulated stands. The local authority decides which stands are regulated. A Regulated Stand is defined as Any covered stand with accommodation for 500 or more spectators whether seating or standing. The determination calculation for Regulated Stands is outlined in the Home Office circular 97/88. In brief this is calculated as: Number of seats or marked places on bench seats in seated areas Number of places available on bench seats allowing 530mm per person Number of spectators who can be accommodated on a terraced or sloping viewing area for standing spectators at a rate of 2.7 per square metre after disregarding gangways, stairways and landings Number of spectators who can be accommodated in front of two metres of a flat standing area at a rate of 2.7 per square metre This calculation is a determination calculation and not a safe capacity, which would be calculated using the current edition of the Guide to Safety at Sports Grounds (Green Guide). 5

6 2.0 POLICY 2.1 Legislative duty Bristol City Council has a statutory duty under: Safety of Sports Ground Act 1975 (As amended) To issue a General Safety Certificate for each designated sports ground within the city containing such terms and conditions as the Bristol City Council consider necessary or expedient to secure reasonable safety at sports grounds. To serve a prohibition notice in respect of a sports ground if the Bristol City Council consider that the admission of spectators the sports ground involves or will involve a high risk to them so serious that until steps have been taken to reduce the risk to a reasonable level, admission of spectators to the ground or that part of the ground ought to be prohibited or restricted. This action and any other enforcement action will be taken in accordance with the Enforcement Policy (Appendix G). To issue a special safety certificate where appropriate Fire Safety and Safety of Places of Sport Act 1987 To issue a General Safety Certificate for each regulated stand within the City containing such terms and conditions as the Bristol City Council consider necessary or expedient to secure the reasonable safety in the stand when it is in use for viewing the specified activity or activities at the ground Regulatory Reform (Fire Safety) Order 2005 To enforce the above order in designated sports grounds and regulated stands a Memorandum of Understanding has been drawn up with Avon Fire and Rescue Service, and is attached at Appendix E. 2.2 Designated Officer (Public Protection Manager) Bristol City Council s Public Protection Manager is the designated officer for this function. The Public Protection Manager has delegated his authority to one or more Public Safety Officers who will act as lead officer(s) to ensure that the requirements of the Safety of Sports Ground Act 1975 are met. Specifically: The Public Safety Officer(s) will be authorised to issue and amend General Safety Certificates The Public Safety Officer(s) will be authorised to issue, suspend and withdraw prohibition notices 6

7 For both the above, Avon and Somerset Constabulary, Avon Fire and Rescue Service and Great Western Ambulance Service will be consulted. The Public Protection Manager is also authorised to devolve his authority to those officers employed by Bristol City Council to carry out the functions set out in this policy document. 2.3 Lead Officers Heather Clarke (Ashton Gate Stadium) and Graham Grey (Memorial Stadium) currently act as lead officers and chair the SAG at their designated ground. Graham Grey is also lead officer for the Gloucester County Cricket Ground, although it currently has no regulated stands. 2.4 Consultation In imposing terms and conditions for spectator safety, Bristol City Council is required to consult with Avon and Somerset Constabulary, Avon Fire and Rescue Service and Great Western Ambulance Service. 2.5 Grounds to which legislation applies The legislation is applicable at the locations listed in Appendix A 2.6 Guidance The Department for Culture, Media and Sports has issued guidance on the subject, A Guide to Safety at Sports Grounds (known as the Green Guide). Bristol City County Council and SAG partners will utilise and apply the advice and guidance contained within the Green Guide. The SGSA has issued guidance on the Safety Certification process, policies and procedures, and on Safety Management at grounds. This guidance will also be applied. See: -policies-and-procedures.pdf Guidance is also issued from time to time in relation to specific issues such as standing in seated areas and dealing with pyrotechnics, as well as non-sporting activities taking place in sports grounds such as concerts and mass meetings. The SAGs will consider such guidance and take advice as appropriate to the circumstances. 2.7 Inspections The achievement of reasonable safety is a continuous process that requires monitoring and inspections by appropriate members of each SAG. The inspection programme is as follows: 7

8 The annual inspection will be undertaken by the core members of the SAG following a SAG meeting during daylight when the ground is closed to the public. It will be carried out in accordance with Home Office Circular 72/1987 and recorded on the inspection sheet attached as Appendix I. For designated grounds a match day safety inspection will be undertaken at least twice a year, at least one of which will be unannounced For regulated stands with a capacity of less than 2000 spectators a match day inspection will be undertaken biennially. Those persons undertaking the inspections should be suitably qualified and competent to undertake inspections on the aspects they have been asked to inspect and report on. Best practice suggests a team approach with a cross section of the SAG participating in the inspection. Results of any inspections will be produced in a written report and supplied to the Lead Officers, who will liaise with the club management and /or SAG. A match day checklist is attached at Appendix B to this policy document. 3.0 SAFETY ADVISORY GROUPS 3.1 Safety Advisory Groups (SAG) Bristol City Council will establish SAGs to provide specialist advice in relation to safety at sports grounds, including determining the terms and conditions of each General Safety Certificate and monitoring their implementation. These are multi agency groups and are chaired by Bristol City Council s Lead Officers in relation to Safety at Sports Grounds. 3.2 Terms of reference The SAGs have been established to: Advise Bristol City Council on specialist policies and procedures to be adopted in the implementation of the Acts and associated legislation and guidance Monitor the implementation of General and Special Safety Certificates To receive and approve where applicable, all proposals for alterations to the designated sports ground and regulated stand and the implications such alterations might have A copy of the terms of reference for SAGs is found at Appendix C. 3.3 Safety Advisory Groups Objectives The SAGs will seek to: Promote a safety culture within sports grounds Support and advise the management or operators of designated sports grounds, regulated stands and other sports grounds on measures to improve all aspects of spectator safety 8

9 Work to ensure that sports grounds are safe for spectators 3.4 Membership of Safety Advisory Groups The SAG will consist of the following core members and invited representatives: Core members The core members are those authorities who Bristol City Council is required to consult under sports ground and licensing legislation as recommended in paragraph 31 of the final report into the Hillsborough Stadium disaster i.e. Bristol City Council Public Health Services as Chair Avon and Somerset Constabulary Avon Fire and Rescue Service South Western Ambulance Service NHS Trust Bristol City Council Building Control (Building Regulation and Standards) Invited representatives Persons invited to SAG meetings to offer advice are not party to the decision making processes of the group: Invited to all meetings The following are considered to be those organisations that should be invited to all SAG meetings as contributors: Sports ground representation Certificate Holder or Safety Officer or other appropriate person Event organiser if applicable Sports Grounds Safety Authority Invited to SAG meetings as appropriate The following may be invited to all SAG meetings or as appropriate: First Aid providers Legal Representation as appropriate Bristol City Council Licensing/ Environmental Health/ Highways etc Local supporters representation Membership of each SAG is found at Appendix D 3.5 Meeting frequency A Safety Advisory Group for each designated football ground will meet at least two times per year, one of these meetings to be followed by the annual inspection. A Safety Advisory Group for each of the regulated stands will meet biennially. 9

10 3.6 Main activities of Safety Advisory Group Within the Terms of Reference outlined at Appendix C, the SAG will: Receive and discuss proposals for alterations to a sports ground or regulated stand and consider the implications of holding activities there other than specified activities as included on the certificate Share experiences following attendance at specified activities Consider aspects of and possible changes to the terms and conditions in the General Safety Certificate Inspect the designated sports ground as determined by risk assessment Discuss all aspects of spectator safety and changing requirements Undertake the same activities in relation to regulated stands Ensure that appropriate reports are produced and discussed with respect to alterations, inspections and any other issues 4.0 ROLES AND RESPONSIBILITIES 4.1 Role of designated officers Public Protection Manager Bristol City Council To oversee the lead officers role in ensuring that Bristol City Council properly discharges its responsibility under Safety of Sports Ground legislation To be the authorising signatory for General and Special Safety Certificates In the event of clear division or dispute emerging from a SAG on safety matters, to oversee that any decision reflect the policies of Bristol City Council To nominate the Public Safety Officer(s) to act as his representative in the discharge of the responsibilities outlined in this document 4.2 Role of the Public Safety Officers acting as Lead Officers To ensure that Bristol City Council properly discharges its responsibilities under the Safety of Sports Grounds Act 1975 To manage the day to day activities of Safety of Sports Grounds Act 1975 work for Bristol City Council. To ensure that each SAG undertakes activities as appropriate to determine the terms and conditions of the General Safety Certificate and Special Safety Certificates and monitor their implementation To chair meetings of each SAG for designated grounds and ensure that decisions taken by the SAG are implemented To chair meetings of each SAG for regulated stands and ensure that decisions taken by the SAG are implemented To ensure that meetings are properly conducted, agendas and other papers are sent out in advance, and minutes are taken and distributed. To ensure that membership of each SAG reflects the interests of all parties as recommended in the Taylor report 10

11 To oversee the issue and amendment of both General and Special Safety Certificates To advise on safe capacities for sports grounds in liaison with Avon Fire and Rescue Service and where appropriate Bristol City Council Building Regulation and Standards To draft, issue, suspend and withdraw prohibition notices under section 10 of the Safety of Sports Grounds Act 1975 To initiate prosecutions authorised by Bristol City Council for breach of the conditions of either a General or Special Safety Certificate and for any other offences under the Act To act in a coordinating role for all members of a SAG and be responsible for organising meetings and inspections as appropriate To attend on match days as appropriate to observe and understand the operation of the ground or to undertake inspections on aspects that the lead officer is suitably qualified to conduct. 4.3 Role of SAG Liaison Officer Avon Fire and Rescue Service To advise SAG and/or Bristol City Council on fire safety matters referred to in the Green Guide and The Regulatory Reform (Fire Safety) Order 2005 as agreed in the Memorandum of Understanding dated 12 November 2007 (Appendix E) including: Any enforcement action proposed by the Council in relation to fire safety matters Means of ingress and egress to and from sports grounds Width of all routes, staircases, gates and vomitories Positioning of signage Determining the provision of fire fighting resources and water supplies Control of flammable materials and storage areas in sports grounds Control of heating installations in sports grounds Control and location of catering and merchandising outlets and other installations and provisions including temporary demountable structures To attend meetings of the Safety Advisory Group To select fixtures and arrange pre match inspections at each ground by a Fire Officer and report findings and actions to the chair of SAG or Lead Officers bearing in mind that the operations of the sports ground and its installations and the responsibility for spectator safety lie with the holder of the General Safety Certificate To attend annual inspections of the sports ground and advise as appropriate To provide a Fire Officer to attend multi agency control rooms on selected match days as appropriate to observe and understand the operation of the ground and fulfil the role of SAG Liaison Officer Avon Fire and Rescue Service. 4.4 Role of SAG Liaison Officer - Avon and Somerset Constabulary To attend and advise the Safety Advisory Group for sports grounds To assist the local authority with the content and formulation of the General Safety Certificate To constantly monitor by means of attendance and observation the provision of safety measures provided by the club in question in terms of stewarding effectiveness and provision of police services To identify, inform and advise other agencies that have responsibility for crowd safety on any deficiencies that come to light 11

12 To provide or obtain specialist advice from a police perspective at all stages of development or redevelopment of a sports ground To attend annual inspections of the sports ground and advise on crowd management signage, traffic management and public order issues as appropriate To provide a control room commander on selected match days. 4.5 Role of SAG Liaison Officer South Western Ambulance Service and/or the organisation providing first aid cover To advise on health and first aid matters as referred to in the Green Guide at sports grounds To act as a point of reference for first aiders attending specific incidents To attend Safety Advisory Group meetings To attend on selected match days as appropriate to observe and understand the operation of the ground or to undertake inspections on aspects that the liaison officer is suitably qualified to report on Attend annual inspections of the sports ground and advise on health issues as appropriate To provide an Ambulance Officer to attend multi agency control rooms as appropriate. 4.6 Role of SAG Liaison Officer - Building Regulation and Standards To advise on building control and structural issues in relation to sports grounds To advise on licensing issues in relation to the sports grounds Attend meetings of the Safety Advisory Group Attend annual inspections of the sports grounds and advise on safety issues as appropriate To attend on selected match days as appropriate to observe and understand the operation of the ground or to undertake inspections on aspects the liaison officer is suitably qualified to report on. 4.7 Role of Sports Grounds Safety Authority Inspector The core functions of the Sports Grounds Safety Authority as set out in the Football Spectators Act 1989 are to ensure the implementation of government policy concerning the safety and comfort of spectators at designated football matches and specifically in relation to Local Authorities to: Keep under review the discharge by the local authority of their functions under the Safety of Sports Grounds Act 1975 in relation to sports grounds at which designated football matches are played Offer guidance on good practice issues relating to the organisation of Safety Advisory Groups Where possible to attend meetings of each of the Safety Advisory Groups Where possible to attend annual inspections of the designated sports grounds Where appropriate to advise on crowd management and safety issues 12

13 4.8 Role of Holder of General Safety Certificate for a Designated Sports Ground or for a Regulated Stand To be responsible for the safe operation of the sports ground including crowd safety and movement, segregation, entering, exiting, ticketing and stewarding To bring to the attention of the lead officer any observations of concern in relation to technical equipment e.g. turnstile operation, lighting etc To ensure that all terms and conditions of the General Safety Certificate are complied with To complete the annual self assessment questionnaire to assess the grounds compliance with the General Safety Certificate As required to provide relevant information as contained within the terms and conditions of the General Safety Certificate to the SAG and/or Bristol City Council To notify the local authority of any developments, proposals, changes or proposed installations including temporary demountable structures at the sports ground that may affect the safety of spectators To action if appropriate any professional recommendations or requirements advised by the SAG or Bristol City Council To attend meetings of the Safety Advisory Group To attend annual inspections of the sports ground LIST OF APPENDICES APPENDIX A DESIGNATED GROUNDS AND REGULATED STANDS APPENDIX B MATCHDAY INSPECTION REPORT APPENDIX C SAFETY ADVISORY GROUP TERMS OF REFERENCE APPENDIX D MEMBERSHIP OF BRISTOL CITY COUNCIL SAFETY ADVISORY GROUP APPENDIX E MEMORANDUM OF UNDERSTANDING WITH AVON FIRE AND RESCUE SERVICE APPENDIX F LEAD OFFICERS ANNUAL ACTIVITY CHART APPENDIX G ENFORCEMENT POLICY APPENDIX H TEMPLATE PROHIBITION NOTICE APPENDIX I ANNUAL INSPECTION RECORD APPENDIX A DESIGNATED GROUNDS AND REGULATED STANDS Designated sports grounds in Bristol requiring a General Safety Certificate: Ashton Gate Stadium Bristol Memorial Stadium Bristol Regulated stands in Bristol requiring a General Safety Certificate: None at present 13

14 APPENDIX B MATCHDAY INSPECTION CHECKLIST 14

15 15

16 16

17 17

18 18

19 19

20 APPENDIX C SAFETY ADVISORY GROUP TERMS OF REFERENCE The Terms of Reference of Bristol City Council Safety Advisory Group (SAG) are as follows:- To advise the Bristol City Council in the exercise of its powers under the Safety at Sports Grounds Act 1975 and the Fire Safety and Safety at Places of Sport Act 1987 in respect of the safety certification. To advise the Bristol City Council in relation to its duty of care regarding sports grounds/public events that do not require to be Certified/ Licensed To provide advice and assistance to sports grounds certificate holders, event licence holders and event planners on public safety related issues. To provide a forum within which the Bristol City Council and other agencies may develop a co-ordinated approach to spectator safety at sports grounds. Consider aspects of and possible changes to the terms and conditions in the General/Special Safety Certificate. To receive and discuss all proposals for new sports grounds and public events and alterations to existing designated Sports Grounds/ public events. 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 Bristol City Council other relevant Authority, or Club 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. To receive notification of the issue of any prohibition notice and any prosecutions under sports grounds /events legislation. To consider the advice published in all available guidance documents. 20

21 APPENDIX D MEMBERSHIP OF BRISTOL CITY COUNCIL SAFETY ADVISORY GROUP Core Bristol City Council Public Health Services. Avon and Somerset Constabulary Avon Fire & Rescue Service Building Regulations and Standards. South Western Ambulance Service NHS Trust Invited Club Representation First Aid provider Sports Grounds Safety Authority Legal representation Any other appropriate person or body Additional invitees For specific purposes only, the following may be invited to SAG meetings Highways Authority British Transport Police Supporters Groups Interested parties 21

22 APPENDIX E MEMORANDUM OF UNDERSTANDING WITH AVON FIRE AND RESCUE SERVICE 22

23 APPENDIX F LEAD OFFICERS ANNUAL ACTIVITY CHART Activity Annual inspection (to include production of multi-agency report and follow-up as necessary Completion of LA self-assessment as determined by Sports Grounds Safety Authority Review of General Safety Certificate (desktop exercise informed by involvement with ground) Match day inspection for designated grounds Match day inspection for regulated stands SAG Meeting (to include setting agenda, producing minutes and reporting) Attendance at CCG (Core Cities) Meetings Attendance at SWESSAG (South West Group) Meetings Informal meetings/visits with clubs and/or SAG members Training / Reading time Frequency Annually Annually Annually or as situation arises Minimum of twice yearly, to include at least one unannounced Biennially Minimum of twice yearly, one of which should coincide with annual inspection Twice yearly Quarterly As necessary Minimum of two days (more if new role for Officer) 23

24 APPENDIX G ENFORCEMENT POLICY FOR SAFETY AT SPORTS GROUNDS 1. Introduction This enforcement policy sets out the arrangements that Bristol City Council has put in place for ensuring compliance with the relevant safety at sports grounds legislation. It explains the Council s powers and approach to enforcement activity, how the Council deals with businesses and the approach to be taken when infringements of the law are established. In applying this policy the Council s aim is to ensure that any enforcement action taken is proportionate, open, consistent and clear. This document is an Appendix to the Council s Safety at Sports Grounds Policy document which it should be read in conjunction with so as to provide a full understanding of the Safety at Sports Ground role carried out by Bristol City Council. 2. Definitions The 1975 Act defines a sports ground as a place where sports and other competitive activities take place in the open air, where accommodation has been provided for spectators, consisting of artificial structures or natural structures artificially modified for the purpose. Under the provisions of section 1 of the 1975 Act the Secretary of state for Culture, Media and Sport may designate as requiring a safety certificate any sports ground that has accommodation for more than 10,000 spectators, or 5,000 in the case of Premier League and Football League grounds in England and Wales. These sports grounds are referred to as designated grounds. A Regulated Stand is defined in the Fire Safety and Safety of Places of Sport Act 1987 as any covered stand at a sports ground with accommodation for 500 or more spectators, whether seating or standing. The Safety Advisory Group (SAG) is a multi-agency advisory group whose role and make-up is described in the main policy document and appendices. 3. Legislation and guidance The relevant legislation that applies to sports grounds safety enforcement and which should be read in conjunction with this policy are as follows - Safety of Sports Grounds Act B Enforcement - The duty of every local authority to enforce within their area the Act and regulations made under it and to arrange periodical inspection of designated sports grounds. 24

25 Fire Safety and Safety of Places of Sport Act Enforcement - It shall be the duty of every local authority to enforce within their area the provisions of this Act and of regulations made under it for designated grounds. Detailed guidance on prohibition notices is contained in the DCMS Circular of 16 November It is an offence for any responsible person, not merely the certificate holder, to contravene the terms and conditions of a safety certificate or a prohibition notice. The penalties for contraventions of the safety certificate are listed in section 12 of the 1975 Act and section 36 of the 1987 Act. Further advice is contained in Guide to Safety Certification of Sports Grounds published by the Sports Grounds Safety Authority. 4. Purpose The Council seeks to ensure that in enforcement and regulation, the interests of the public are protected. The purpose of this policy is to ensure that the law is applied in a fair, equitable and consistent manner and to guide officers into taking the appropriate action. In general and where appropriate, consideration will be given to alternatives to prosecution, for example giving advice and assistance, or obtaining assurances about future conduct. Before formal action is taken, officers will normally provide an opportunity to discuss the circumstances of the case and, if possible, resolve points of difference, unless immediate action is required (for example, in the interests of spectator safety, health and safety or to prevent evidence being destroyed.) All decisions will be impartial and will not be influenced by race, politics, gender, sexual orientation, religious beliefs or any other belief or status of the alleged offender. Officers will have due regard to the principles contained within the Enforcement Concordat, and any other published and relevant guidance, including: Bristol City Council s Enforcement Policy for Regulatory Services The Code of Practice for Crown Prosecutors The Council will take into account the comments of any victim, injured party or other relevant person to establish: his or her views about the circumstances in which enforcement action is deemed appropriate; and 25

26 the nature and extent of any harm or loss, and its significance relative to the individual circumstances. Bristol City Council is a public authority for the purposes of the Human Rights Act Officers will therefore apply the principles of the European Convention for the Protection of Human Rights and Fundamental Freedoms. 5. Scope The sports grounds primarily covered by these arrangements are: Ashton Gate Stadium The Memorial Stadium These arrangements are also relevant to the Gloucestershire County Cricket Club ground particularly in the event of a new regulated stand being built. Under the provisions of section 10 of the Safety of Sports Grounds Act 1975 the Council has the power to issue a prohibition notice to limit the capacity, or totally prohibit the admittance of spectators to any sports ground within the Bristol City Council area. 6. Delegated powers The Council has delegated its powers for the enforcement of the Safety of Sports Grounds Act 1975 (as amended) and the Fire Safety and Safety of Places of Sport Act 1987 to: Adrian Jenkins Graham Grey Heather Clarke 7. Principles of fair enforcement The Council will seek to ensure that enforcement is fairly applied by committing to the following principles of fairness: Proportionate -. Any action taken by the Council, to achieve compliance or to bring regulated entities to account for non-compliance, will be proportionate to the risk to public safety, or to the severity of non-compliance, which includes any actual or potential harm arising from the failure under the law. We will seek to minimise the costs of compliance by ensuring that any action we require is in proportion to the risk. Consistency There will be a consistent approach from the Council in relation to any advice given, enforcement action, prosecutions and in 26

27 response to incidents and complaints. The Council will discuss and compare enforcement decisions and policies amongst our own officers and, where appropriate, with other authorities and enforcement bodies. Targeted By adopting a risk based system for prioritising regulatory action the Council aims to make sure, through targeting, that the direction of regulatory effort takes into account the level of risk and ensure action will be targeted at those situations that give rise to the more serious risks or the least well controlled risks. Transparent The Council will be open about how we set about our work and will provide information and advice in plain language. We will ensure we help those we regulate to understand the standards expected from them and the standards that they should expect from the local authority. Accountable - The Council will be able to justify all enforcement decisions and be accountable for the efficiency, effectiveness and cost. Consultation and feedback opportunities are given to stakeholders. The local authority will publish an annual report which will detail performance for the previous year. 8. Risk assessed approach to enforcement Before taking any enforcement action Bristol City Council will consider the combined effect of: The potential impact of non-compliance on regulatory outcomes; and The likelihood of continuing or repeated non-compliance, and will document the outcome of this consideration. 9. Enforcement considerations The Council s enforcement officers will consider a number of factors and questions before deciding when to act, these questions will include: The seriousness of compliance failure i.e. could the offence lead to a serious risk of injury or has serious injury or death already occurred, if the problem is not rectified will it lead to a significant risk? The degree of willfulness involved i.e. does the individual or organisation concerned appear to be willing to carry out the necessary action immediately or in a specified time frame or has the problem resulted from a deliberately ignoring conditions or the law? 27

28 The ground management s past performance and its current practice i.e. have recommendations been ignored, is this a recurring problem, has the business had a previous high standard of practice? The risks being controlled and there consequence what type of risks are involved and will they have serious consequences that could affect the public? Legal, official or professional guidance Has all legislation and guidance been taken into consideration when taking a decision? Has the issue been referred to the local authority legal department for their consideration and interpretation? 10. Choices of enforcement action There are several courses of action open to the council s enforcement officers depending on the different circumstances that may be encountered or apply to the situation. The choices of enforcement action are: Informal Warning Reduction in Capacity Prohibition Notice Simple Caution Prosecution The following gives a more detailed explanation of each of the enforcement options: Informal warning Informal action includes offering advice, verbal warnings and requests for action, the use of letters/informal notices and reports. Informal action is appropriate where: the act or omission is not serious; it can reasonably be expected that informal action will achieve compliance; confidence in the business management is reasonably high; and the consequences of non-compliance will not pose a significant risk to health, safety or the public, An informal warning will be in the form of a written letter that clearly and in plain language will: 28

29 contain all information necessary to ensure that the club/organisation knows what is required and why it is necessary; indicate the regulations contravened and the measures that will achieve compliance with the legal requirements and that other means of compliance may be chosen; where recommendations of good practice are included make it clear that they are not legal requirements; and set out the timescales for compliance. Reduction in capacity Reducing the capacity of all, or part of, a sports ground is a formal action which would be appropriate in the following situations: if an incident suggests that the management of a sports ground is performing poorly; or if the Council s inspecting personnel identify any deficiencies in the fabric, equipment, records or management systems, which the authority has not already taken into account when accepting or calculating the permitted capacity. Any new capacity should be properly calculated having regard to the change in circumstances and the procedures to be followed will be the same as during the routine annual review of the safety certificate. Ground management should be invited to submit its proposed revised (P) or (S) factor, but the Council reserve the right to overrule this if appropriate. When reducing a capacity it is important that officers act reasonably and in accordance with due process, not least because the certificate holder has a right of appeal against any reduction in capacity; and a formal amendment to the safety certificate is issued. Once the remedial measures or improvements have been implemented consideration should be given to restoring the original capacity. Prohibition notice Unlike the other provisions of the 1975 and 1987 Acts, the power to issue a prohibition notice applies to all sports grounds, as defined in section 17 of the 1975 Act, including those that are neither designated nor contain a regulated stand. 29

30 Section 10 of the 1975 Act empowers the Council to issue a prohibition notice in respect of all or part of any sports ground if it considers 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 sports ground or that part of the sports ground ought to be prohibited or restricted. A prohibition notice is therefore a measure of last resort and should only be used where an amendment of the safety certificate (where issued) is not considered an effective way of dealing with the risk(s) When issuing a prohibition notice consideration should be given as to whether the risk to spectators is or may be imminent and if so the notice should take effect as soon as it is served. In all other cases it should come into force at the end of the period specified in the notice. A prohibition notice must specify: the nature of the risk to spectators; and the number of spectators that may be admitted to the sports ground, or any part of the sports ground, until appropriate steps have been taken to address those risks. The notice may also include directions as to the steps which will have to be taken to reduce the risk to a reasonable level. Under the Environment and Safety Information Act 1988 the local authority is required to keep a register of any prohibition notices that it has issued. Simple cautions (formerly known as formal cautions) A simple caution should only be issued for offences where there is no imminent risk or where the offence is readily admitted and immediate action has removed the imminent risk. A caution can be used to: deal quickly and simply with less serious offenders to divert them from unnecessary appearance in the criminal courts and to reduce the chances of their re-offending A record of the caution is required to be kept on the Council s computer system. If the offender commits a further offence, the caution may influence our decision to take a prosecution Simple cautions should not be used as an alternative to prosecutions where insufficient evidence is available. Officers should be prepared to prosecute where an individual or business refuses to accept a simple caution 30

31 More information can be found in Home Office Circular 016/2008 Simple Cautioning Adult Offenders Prosecution The decision to prosecute is very significant and must be related to risk. In general, it should be reserved for those who blatantly disregard the law; refuse to implement basic legal requirements and who put the public at risk. Factors to consider are: The seriousness of the offence, including the seriousness of the result of the offence. The previous history of the defendant/organisation. Availability, co-operation and reliability of witnesses. The willingness of persons involved to put matters right. The probable public benefit and importance of the case. Whether other action e.g. prohibition notices would be more effective (It may be appropriate in some circumstances to serve a prohibition notice as well as to prosecute if the risk to employees or the public remains high). Any explanation offered by the defendant/organisation. Before deciding to proceed with a prosecution officers must be satisfied that there is relevant, admissible, substantial and reliable evidence that the offence has been committed by the defendant and that there is a realistic prospect of conviction. Any prosecutions should be brought without delay. 12. Appeals Appeals against a reduction in capacity imposed by way of an amendment to a safety certificate or against a prohibition notice are to a Magistrates Court. Where an appeal is made against an amendment to a safety certificate the amendment cannot take effect until the appeal is heard. However, in the case of an appeal against a prohibition notice any reduction in capacity remains in place until the appeal is heard. 13. Penalties It is an offence for any responsible person, not merely the certificate holder, to contravene the terms and conditions of a safety certificate or a prohibition notice. 31

32 These offences and associated penalties, along with the defences of absence of consent and due diligence, are listed in section 12 of the Safety of Sports Grounds Act 1975 and section 36 of the Fire Safety and Safety of Places of Sport Act Suitably trained and competent staff Individual officers who undertake enforcement duties under the 1975 and 1987 Acts will be suitably trained and qualified to ensure their competency. The Council will ensure that: duties are specified in job descriptions and experience is built-up over time with provision made in individual appraisal for monitoring progress; all advisers have professional qualifications, experience in other sectors and are on CPD cycles as well a regular participation in sports grounds work and SAGs; and appropriate succession planning is in place to ensure that staff have the necessary training and experience to undertake the roles they may be expected to undertake. 15. Revisions to this Document and Review This policy and procedures will be reviewed as part of the main Safety at Sports Grounds Policy Document at intervals not exceeding 18 months and amended at any stage to reflect any changes that may occur in operation procedure or to current legislation. A record of dates of revision and the main changes is to be found on page 2. 32

33 APPENDIX H Template for a prohibition notice (Inset local authority name) Council Safety of Sports Grounds Act 1975 PROHIBITION NOTICE Name (insert name of person on whom notice is being served) Address (insert address at which it is intended to serve the notice) being: *the holder of a general safety certificate for (insert the name of sports ground) *the holder of a special safety certificate for (insert the name of sports ground) *the person who appears to the (insert local authority name) Council to be responsible for the management of (insert the name of sports ground) *a person who appears to the (insert local authority name) Council to be responsible for organising an activity at (insert the name of sports ground) on (insert date of event covered by a special safety certificate to which the notice applies) Notice is hereby given that (insert local authority name) Council are of the opinion that the admission of spectators to *[the (insert name of sports ground) sports ground] *[parts of the (insert name of sports ground) sports ground which are] specified in the Schedule to this notice *[involves] *[will involve] a risk to them so serious that until steps have been taken to reduce it to a reasonable level the admission of spectators to *[the ground] *[that part of the ground] ought to be *[prohibited] *[restricted]. The matters which in the Council's opinion *[give] *[will give] rise to that risk are as follows The (insert local authority name) Council hereby direct that *[no spectators] *[no more than the number of spectators specified in the schedule which forms part of this notice] shall be admitted to *[that sports ground] *[the parts of that sports ground specified in the schedule] until those matters detailed above have been remedied. *The (insert local authority name) Council is of the opinion that the risk to spectators *[is] *[will be] imminent, and the *[prohibition] *[restriction] is to take effect immediately. The *[prohibition] *[restriction] is to take effect after., and relates to the admission of spectators *[generally] *[on the occasion(s) specified in the schedule]. *The (insert local authority name) Council further direct that the steps specified in the schedule which forms part of this notice will have to be taken to reduce the risk to a reasonable level. 33

34 Signature Date Name Position held in council [Being a person authorised by (insert local authority name) Council under section 101 of the Local Government Act 1972 to issue such a notice.] *delete as appropriate Schedule 1.* No more than the following numbers of spectators may be admitted to the ground/the parts of the ground specified below*: 2.* The following steps must be taken to reduce the risk to spectators to a reasonable level: 3.* The prohibition/restriction* applies to the admission of spectators on the following occasions: *delete as appropriate NOTES Offences Contravention of any prohibition notice or restriction imposed by a prohibition notice is an offence provided by section 12 (1) (e) of the Safety of Sports Grounds Act 1975 (the 1975 Act) as amended by the Fire Safety and Safety of Places of Sport Act 1987 (the 1987 Act) and renders the offender liable, on summary conviction, to a fine not exceeding the statutory maximum (currently 2,000) or, on conviction on indictment, to an unlimited fine, or imprisonment for not more than two years, or both. Where any person is charged with an offence under section 12 (1) (e) of the 1975 Act it shall be a defence to prove: a) that the admission of spectators in contravention of the notice was without his consent; and b) that he took all reasonable precautions and exercised all due diligence to avoid the commission of such an offence by himself or any other person under his control. 34

35 Section 12(7) of the 1975 Act provides that where an offence under that Act which has been committed by a body corporate is proved to have been committed with the consent or connivance of, or to be attributable to any neglect on the part of a director, manager, secretary or other similar officer of the body corporate, or any person who was purporting to act in any such capacity he, as well as the body corporate, shall be guilty of that offence and be liable to be proceeded against and punished accordingly. Where the affairs of a body corporate are managed by its members, section 12 (7) of the 1975 Act shall apply in relation to the Acts, and defaults of a member in connection with his functions of management as if he were a director of the body corporate. The validity of a prohibition notice served on any person shall not be affected by a failure to serve another person required to be served with such a notice. Appeals Your attention is drawn to the provision for appeal to a magistrates' court against this notice in section 10A of the 1975 Act as inserted by the 1987 Act. Regulations made under section 10A (1) of the 1975 Act stipulate that a person on whom a prohibition notice is served may appeal to the court within 21 days after the day on which the notice is served on him. Where an appeal is brought under this section against a prohibition notice or an amendment of it, the bringing of the appeal does not have the effect of suspending the operation of the notice. 35