Torbay Council

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Designated Sports Grounds and Regulated Stands

What is a Designated Sports Ground

The Secretary of State may designate any sports ground, which in his opinion has accommodation for more than 10,000 spectators, or 5,000 in the case of Premiership or Football League grounds in England and Wales as a ‘Designated Sports Ground’.
The designation function is performed by the Secretary of State for Culture, Media and Sport, (DCMS).
The Secretary of State will normally be aware of any major new sports grounds under construction but may not always have been informed of developments that might increase the capacity of an existing sports ground above the threshold for designation. It is the responsibility of the Local Authority to notify the Secretary of State of any sports ground likely to require designation.
As part of the designation process, (which takes a minimum of 10 weeks to complete), the Secretary of State will formally consult with the Local Authority, the sports ground owner, the emergency services and where it will have a statutory role, the Football Licensing Authority, (FLA).
The designation order remains in force unless it is formally revoked by the Secretary of State.
If a designated sports ground is demolished or is permanently modified, so as to reduce the capacity below the threshold, the Local Authority will formally notify the Secretary of State and request that it be de-designated. Should the Local Authority fail to do so, the certificate holder may apply directly to the Secretary of State.

What is a Regulated Stand

A regulated stand is any covered stand within a sports ground, with accommodation for 500 or more spectators, whether seated or standing. It is the responsibility of the Local Authority to determine whether any of the stands at sports grounds within its area qualify as regulated stands.
In determining the occupancy of a stand, the Local Authority will have regard to the Home Office Circular 97/1988, which gives detailed statutory guidance on how to determine whether or not a stand provides accommodation for 500 or more spectators. In the final determination the actual occupancy may be substantially lower than the anticipated capacity and may even fall below 500 persons.

General Safety Certificates

If a sports ground has been designated by the Secretary of State as a ‘Designated Sports Ground, or if the Local Authority has determined that a stand within an undesignated sports ground is a ‘Regulated Stand’; then that ground or stand will require a ‘General Safety Certificate.
A ‘Responsible Person’ acting on behalf of the relevant sports ground must make an application for a ‘General Safety Certificate’ to the Local Authority and subject to all requirements being met, the Local Authority will then issue the safety certificate.
In preparing a general safety certificate the Local Authority will:
After the issue of a ‘General Safety Certificate’ routine inspections will be undertaken by the Local Authority, (on match days or during other sporting occasions), to ensure that the terms and conditions of the Certificate are appropriate and to monitor the observance of those terms and conditions.
An annual inspection will also be undertaken in accordance with statutory requirements.

Special Safety Certificates

‘Special Safety Certificates’ are issued in respect of activities which are not included within the ‘General Safety Certificate’ already issued in respect of the ground or stand; for instance to authorise the provision of a live music event at a venue normally used for league football.
The process for the issue of a ‘Special Safety Certificate’ is similar to that for a ‘General Safety Certificate.

Is the Certificate Granted Automatically?

No, it is in the public interest that the licensing authority must process the application before granting. Submission of an application form does not guarantee the granting of the application.

Apply Online

If a sports ground has been designated as a ‘Designated Sports Ground’ by the Secretary of State or if the Local Authority has served notice that a stand is a ‘Regulated Stand’ upon the owner/operator of the sports ground, (and no ‘General Safety Certificate’ has been issued in that respect); then an application must be made for a ‘General Safety Certificate’.
A ‘Special Safety Certificate’, (which may be required to authorise activities not covered by the ‘General Safety Certificate’).
Form A
For ‘regulated stands’ a separate application form must be completed in respect of each stand at the sports ground, although the safety certificate issued may relate to all stands.
You are able to apply for a regulated stand online

What happens next?

On receipt of an application for a safety certificate Torbay Council will process the application in accordance with the guidelines outlined above and when all matters have been satisfactorily addressed, the appropriate safety certificate will be issued.

Fees

There is currently no fee payable to Torbay Council for an application for a Safety Certificate in respect of a Regulated Stand.
Under the Safety of Places of Sports Regulations 1987 Local Authorities may levy a fee in respect of an application for the issue, amendment, replacement, transfer or cancellation of a Safety Certificate in respect of a regulated stand, (in line with any costs reasonably incurred). Such fees are laid out below
General or Special Safety Certificate (Sportsgrounds) - New        £500
General or Special Safety Certificate (Sportsgrounds) - Alteration requested by sportsgrounds       £250

Appeal

Please contact Torbay Council in the first instance.
Any applicant who is refused a general safety certificate because they are not considered to be an eligible person can appeal to the Magistrates court.
An applicant who is refused a special safety certificate may also appeal to the court against a refusal based on grounds other than a decision that they are not an eligible person.
Any licence holder who wishes to appeal against a condition attached to, or the omission of anything from, their safety certificate, or against the refusal to amend or replace a safety certificate, may appeal to the Magistrates court.

Consumer Complaint

We would always advise that in the event of a complaint the first contact is made with the trader by you - preferably in the form a letter (with proof of delivery). If that has not worked, if you are located in the UK, Consumer Direct opens in a new window will give you advice. From outside the UK contact the UK European Consumer Centre opens in a new window.

Other Redress

Any person who is served with a notice determining that a sports stand is a regulated sports stand may appeal to the local Magistrates' court.
Any person concerned with ensuring compliance with the terms and conditions of the safety certificate may appeal to the Magistrate's court against any condition attached to, or the omission of anything from, a safety certificate, or against the refusal to amend or replace a safety certificate.

Trade Associations


Related Documents

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