The Safety Of Sports Grounds (NI) Order 2006

General Information

Under the provisions of the Safety of Sports Grounds (Northern Ireland) Order 2006,Derry City Council is responsible for issuing and enforcing a safety certificate in respect of sports grounds designated by Department of Culture Arts and Leisure (DCAL).

These are sports grounds that, in the opinion of DCAL, have the potential to accommodate more than 5000 spectators or a Regulated Stand the potential to accommodate more than 500 people. Within the Derry City Council area there are 2 such grounds designated, Brandywell Stadium and Celtic Park GAA Grounds.

 

About the Legislation

The Safety of Sports Grounds (Northern Ireland) Order 2006 introduces a safety certification scheme, similar to that which already exists in Great Britain, for larger sports grounds and non-temporary spectator stands.  Within Derry City Council’s jurisdiction the scheme will be administered and enforced by the council and its aim will be to improve the level of safety for spectators attending the sports at the grounds.

With effect from 31st December 2009 Derry City Councils shall, under the above legislation have powers of entry to inspect sports grounds in their area in order to determine the safe capacity and related conditions for admission of spectators.  These will be reflected in a safety certificate.

 

Enforcement

Within Derry City Council the lead department responsible for issuing the Stadium Certificate is the City Secretary and Solicitors Department. The inspections and enforcement of the legislation will be carried out by the Building Control Department who are responsible for determining the assessment of the safety of the physical structure of the stadium, this is known as the ‘P’ factors and, the Environmental Health Department who are responsible for ensuring the assessment of the safety management of the stadium known as the ‘S’ factor.

 

Applying for Safety Certificates

Owners and operators of sports grounds designated by Department of Culture Arts and Leisure (DCAL)  as requiring a safety certificate, will be required to apply to the council for a general safety certificate for that ground. From that date it will be an offence, under Article 11 of The Safety of Sports Grounds (Northern Ireland) Order 2006, to admit spectators into a designated sports ground when no application for a general safety certificate has been made or in contravention of any term or condition of a safety certificate that has been issued.  

 

Fees

Derry City Council will be able to charge a fee for the issue amendment, replacement or transfer of a general safety certificate as follows:

• £100 for the issue of a general safety certificate
• £50 for the amendment, replacement or transfer of a general safety certificate
• £50 for the issue of a certificate for a regulated stand
• £25 for the amendment, replacement or transfer of a certificate for a regulated stand

Content of a Safety Certificate

A safety certificate, in general terms, specifies the number of spectators that may be admitted into a designated sports ground and the conditions under which they may be admitted.  Safety certificates are issued to those that the Council determines to be the “qualified person” for the venue in accordance with Article 6 of The Safety of Sports Grounds (Northern Ireland) Order 2006.

 

Appeals

The legislation provides for appeals against the council’s decisions to be brought to the courts.  The time limits in which these appeals may be brought are as follows:-

• Not later than 28 days in relation to general safety certificates
• Not later than 21 days in relation to prohibition notices
• Not later than 7 days in relation to special safety certificates

Information relating to appeals should be obtained from the council.

 

Guidance

The safety at the designated sports grounds is assessed using The Northern Ireland Guide to Safety at Sports Grounds (Red Guide). The guide is an advisory document for use by competent persons, it has no statutory force but many of its recommendations will be given force of law at individual grounds by their inclusion in safety certificates issued under the Safety at Sports Grounds (NI) Order 2006. The guide is a 275 page document consisting of 2 main sections;

One section deals with the ‘Physical Safety’ of the structure and fittings known as the ‘P’ Factors and the second section deals with the ‘Safety Management’ of the ground known as the ‘S’ Factors.

It is the responsibility of the ground management to ensure that (P) and (S) factors are assessed and those assessments are agreed in consultation with Derry City Council being the certifying authority.

When applying the guidance and recommendations in the Guide, it should be remembered the principal objective is ‘to secure reasonable safety at the sports ground when it is in use for a specific activity’.  Absolute safety, however desirable in theory, is in reality, unattainable.

The Guide seeks to encourage the meeting of achievable standards, particularly for new construction, but does not attempt to provide a universal standard for existing grounds. Deviations from the Guide should therefore only be acceptable when considered to be necessary and reasonable.

The safe capacity of the sports ground should be determined using the Guide.