1. Introduction
Coventry City Council recognises its statutory duty for the safety certification of sports grounds under Safety of Sports Grounds Act 1975 (as amended) (the 1975 Act) and the Fire Safety and Safety of Places of Sport Act 1987 (the 1987 Act) and also recognises its responsibilities for the safety of all those present at an event at all sports grounds within its boundary. In undertaking this role the Council will:
- delegate its power to take and implement decisions on safety certification to a designated Council Officer,
- appoint a designated Council Officer to chair the Safety Advisory Group (SAG) for each sports ground subject to a Safety Certificate,
- provide for adequate resources and appoint appropriate Council Officers and/or engage competent specialist agencies/external consultants as necessary, to assist the Council in carrying out its statutory duties relating to the safety of spectators at sports grounds under the 1975 and 1987 Acts,
- convene regular SAG meetings to assist in its statutory duty to sports grounds, whose membership will include representatives of the Police, Fire Service, Ambulance Service, Building Control, the relevant certificate holder and invite the Sports Grounds Safety Authority where applicable,
- determine if any sports grounds contain regulated stands and will expediently process and issue Safety Certificates in respect of those stands and/or any sports ground designated by the Secretary of State under the provisions of the 1975 Act,
- put in place policies and procedures for monitoring by inspection/audit compliance with the terms and conditions of any Safety Certificate issued and take appropriate and proportional action in response to any identified defect or incident compromising the safety of all those present at an event,
- provide prompt advice on the safety of all those present at an event on request from sports ground venue operators, and
- keep under review its procedures and arrangements in pursuit of ensuring the reasonable safety of those present at an event at sports grounds within its responsibility.
2. Definitions
The 1975 Act 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 people, 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 Digital, 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 1987 Act as any covered stand at a sports ground with accommodation for 500 or more spectators, whether seating or standing.
The SAG is a multi-agency advisory group consisting of the following core members or their authorised representatives:
- Coventry City Council - Lead Officer for sports ground safety.
- Coventry City Council - Building Control Officer.
- West Midlands Police – Superintendent or Chief Inspector.
- West Midlands Fire Service – Watch Manager.
- West Midlands Ambulance Service – Emergency Preparedness Officer.
Plus:
- Invited representation.
3. Legislation and Guidance
This policy and procedures should be read in conjunction with the following legislation that applies to the safety of spectators at sports grounds:
- Safety of Sports Grounds Act 1975.
- Fire Safety and Safety of Places of Sport Act 1987.
- Safety of Sports Grounds Regulations 1987.
- Safety of Places of Sport Regulations 1988.
Guidance on the application of the legislation referenced above can be found in the following Home Office Circulars:
Home Office Circular No 7/1986
Annex C of which provides guidance on the procedure regarding applications for General Safety Certificates under the provisions of the Safety at Sports Grounds Act 1975.
- Home Office Circular No 96/1988 Which includes advice on the issue of Safety Certificates for regulated stands.
- Home Office Circular No 97/1988 Which includes statutory guidance to Local Authorities under section 26 (8) of the 1987 Act on the methodology that must be applied in determining whether a stand at a sports ground is a "regulated" stand.
- Guide to Safety Certification of Sports Grounds (Green Guide) Published by the Sports Grounds Safety Authority, this gives authoritative and detailed guidance on safety at sports grounds.
4. Purpose
This document sets out Coventry City Council’s approach to discharging its powers and responsibilities in respect of the issue and review of Safety Certificates for sports grounds.
5. Scope
The sports grounds covered by these arrangements are:
- The Coventry Building Society Arena (designated ground).
- The Butts Park Arena (regulated stand).
The powers of issue and review of the Safety Certificate are vested solely in Coventry City Council Officers with delegated authority for this activity.
6. Delegated Powers
Responsibility for the issue or amendment of certificates and carrying out all associated functions including the authorisation of emergency action in connection with sports grounds and places of sports primarily sits with Licensing and Regulatory Committee. The Council within its scheme of delegation has delegated these powers to:
- Director of Streetscene and Regulatory Services, Place Directorate.
7. Qualified person
Upon receipt of an application for a Safety Certificate, the Council must determine if the applicant is a “qualified person.” This is defined in the 1975 Act as a person who is likely to be in a position to prevent any contravention of the terms and conditions of the Safety Certificate.
The certificate holder should be in a position of authority within the management of the sports ground and could include the Chairman, Chief Executive, Club Secretary, Ground Manager, Safety Officer or a Director, depending on the sports ground/club.
Under the 1987 Act, the definition of a person qualified to hold the Safety Certificate for a regulated stand is more tightly drawn. In the case of a General Safety Certificate, it is the person responsible for the management of the sports ground; for a Special Safety Certificate, it is the person responsible for organising the activity being watched by the spectators. This apart, the procedure mirrors that for the issue of the Safety Certificate for a designated sports ground.
If the Council determines the applicant is not a qualified person, it must notify him/her in writing. The applicant may then appeal against this determination to a Magistrate’s Court within 28 days or 7 days in the case of a Special Safety Certificate.
8. Safety Certificate applications and information required
The format of an application for a Safety Certificate for a designated ground and for a regulated stand are set out in the Safety of Sports Grounds Regulations 1987 and Safety of Places of Sport Regulations 1988 respectively.
Application forms for a Safety Certificate under either the 1975 Act or 1987 Act are accessible on the Council’s website.
Applications are processed through the Council’s Building Control Team.
The Council must supply the Chief Officer of Police and, where it is not itself that authority, the Fire Authority or the Building Authority, with a copy of any application received.
It will also formally consult them about the terms and conditions of the certificate. The normal forum for this consultation will be the SAG.
The application should be accompanied by detailed information as to structure, capacity and safety management systems. The Council may, by writing, require the applicant to submit within a reasonable period such additional information and plans it considers necessary to enable it to determine what terms and conditions to include.
9. Timetable
Coventry City Council will process applications for Safety Certificate within six weeks of the application being received.
For a Special Safety Certificate the notice required is six weeks and for a change to a General Safety Certificate the notice required is 28 days.
10. Contents of a safety certificate
In accordance with Section 2 of the 1975 Act and Section 27 of the 1987 Act, the Council is required to include in the Safety Certificate such terms and conditions it considers necessary or expedient to secure the reasonable safety of those present at an event.
Safety Certificates issued by the Council will include the capacity of the designated ground, or regulated stand, as well as capacities for each part thereof.
The Certificate will also include the terms and conditions with which the holder must comply to maintain that capacity.
In determining the contents of a Safety Certificate, the Council will take account of the advice of the SAG and the guidance contained in the Guide to Safety at Sports Grounds (Green Guide) and that is published by the Sports Grounds Safety Authority in its “Guide to the Safety Certification of Sports Grounds”.
11. Ratification of the certificate
Responsibility for the issue or amendment of certificates and carrying out all associated functions including the authorisation of emergency action in connection with sports grounds and places of sports primarily sits with Licensing and Regulatory Committee. The Council within its scheme of delegation has delegated these powers to:
Director of Streetscene and Regulatory Services, Place Directorate.
12. Rights of Appeal
The 1975 and 1987 Acts both provide a right of appeal to the Magistrate’s Court to:
- any person against a determination by the Local Authority that he/she is not qualified to hold a Safety Certificate,
- any interested party against the inclusion of anything in or omission of anything from a Safety Certificate or the refusal of the Local Authority to amend or replace it, or
- any person, upon whom the Local Authority has served a notice that it has determined that a particular stand is a designated stand, against that determination.
Appeals must be lodged within 28 days if they relate to a General Safety Certificate.
13. Review of Safety Certificate
The Council will undertake a review of issued Safety Certificates on an annual basis or at a lesser time in response to physical changes at sports grounds, incidents or ‘near misses’ brought to their notice, changes in safety management performance or in response to changes to legislation or safety guidance affecting the safety of those present at an event.
The review will consider the terms and conditions of Safety Certificates to validate they remain relevant for providing for the reasonable safety of those present at an event at the designated sports ground or regulated stand.
The review will be undertaken by a Building Control Officer who shall consult with all relevant stakeholders as necessary.
The outcome of the review shall be recorded and reported to the Cabinet Member for Policing and Equalities.
14. Public access
The Safety Certificate is a public document, to which any person who is either responsible for applying it or likely to be affected by it should have access.
The Safety at Sports Grounds Regulations 1987 and 1988 require the Council to notify every interested party, defined by the Regulations as:
- the holder of a Safety Certificate,
- any other person who is or may be concerned in ensuring compliance with the terms and conditions of a Safety Certificate,
- the Chief Officer of Police; and
- where the Local Authority is in Wales, Greater London or a metropolitan county, the Fire Authority or, in any other case, the Building Authority.
This notice must specify that a copy of the safety certificate and any application is available for inspection at a specified time and place. The Council must also publish a similar notice in a local newspaper.
15. Suitably trained and competent Officers
Individual Officers who are responsible for the issue and review of Safety Certificates 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 appraisals for monitoring progress,
- all advisers have professional qualifications, experience in other sectors and are on Continuing Professional Development (CPD) cycles as well as regular participation in sports grounds work and SAGs; and
- appropriate succession planning is in place to ensure that officers have the necessary training and experience to undertake the roles they may be expected to undertake.
16. Revisions to this Document and Review
This policy and procedures will be reviewed at intervals not exceeding 12 months and amended at any stage to reflect any changes that may occur in operation procedure or to current legislation.
Following any amendment a complete replacement will be distributed.
Date of Issue – May 2018
Date of last review – March 2023
Reviewed by - Nicola Castledine