HL Deb 02 November 1989 vol 512 cc410-1

45 After Clause 10, insert the following new Clause —

'Licensing authority's powers in relation to safety at football grounds.

. —(1) The licensing authority shall have the function of keeping under review the discharge by local authorities of their functions under the Safety of Sports Grounds Act 1975 in relation to sports grounds at which designated football matches are played and shall have the powers conferred in relation to those functions by the following provisions of this section.

(2) The licensing authority may, by notice in writing to the local authority concerned, require the local authority to include in any safety certificate such terms and conditions as are specified in the notice; and it shall be the duty of the local authority to comply with the requirement.

(3) Before exercising its power under subsection (2) above to require the inclusion of specified terms and conditions in any safety certificate, the licensing authority shall consult the local authority, the chief officer of police and either the fire authority (where the local authority is in Greater London or a metropolitan county) or the building authority (in any other case).

(4) As respects those terms and conditions, the local authority need not consult the chief officer of police, the fire authority or the building authority under section 3(3) or 4(8) of the Safety of Sports Grounds Act 1975 before issuing a safety certificate or about any proposal to amend or replace one.

(5) A notice under subsection (2) above may require the issue under that act of a safety certificate incorporating the specified terms or conditions or the amendment under that Act of a safety certificate so that it incorporates the specified terms or conditions,

(6) Any inspector appointed by the licensing authority may, for the purposes of the discharge by the licensing authority of its function under subsection (1) above, on production, if so required, of his authority —

  1. (a) enter at any reasonable time any sports ground at which designated football matches are played;
  2. (b) make such inspection of the ground and such inquiries relating to the ground as he considers necessary; or
  3. (c) examine the safety certificate and any records kept under the Safety of Sports Grounds Act 1975 or this Part of this Act, and take copies of such records.

(7) The licensing authority may, by notice in writing to any local authority, require the local authority to furnish to the licensing authority such information relating to the discharge by the local authority of its functions under the Safety of Sports Grounds Act 1975 as is specified in the notice; and it shall be the duty of the local authority to comply with the requirement.

(8) Section 5(3) of the Safety of Sports Grounds Act 1975 (appeals against terms and conditions of safety certificates) shall have effect with the insertion, after paragraph (ii), of the words "but not against the inclusion in a safety certificate of anything required to be included in it by the Football Licensing Authority under section (licensing authority's powers in relation to safety at football grounds) (2) of the Football Spectators act 1989".

(9) Any expression used in this section and in the Safety of Sports Grounds Act 1975 has the same meaning in this section as in that Act.'.

Lord Hesketh

My Lords, I beg to move that this House do agree with the Commons in their Amendment No. 45.

The purpose of the amendment is to provide for the licensing authority to monitor the performance of local authorities under the Safety of Sports Grounds Act 1975 and enable it to require changes to be made to safety certificates. Before making such changes the licensing authority has to consult the relevant local authority, the chief officer of police, and either the fire or the building authority. I stress that the exercise of that safety power will require a commencement order that can be debated by Parliament, depending on the business of the House, and in the light of Lord Justice Taylor's final report. I beg to move

Moved, That this House do agree with the Commons in the said amendment. —(Lord Hesketh.)

On Question, Motion agreed to.