Football Spectators Act 1989

13 Licensing authority’s powers in relation to safety at football grounds. E+W

(1) The licensing authority shall have the function of keeping under review the discharge by local authorities of their functions under the M1 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 [F1 —

(a) the local authority;

(b) the chief officer of police;

(c) if the local authority are not the fire and rescue authority, the fire and rescue authority; and

(d) if the local authority are not the building authority, the building authority.]

(4) As respects those terms and conditions, the local authority need not consult the chief officer of police, the [F2 fire and rescue 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—

(a) enter at any reasonable time any sports ground at which designated football matches are played;

(b) make such inspection of the ground and such inquiries relating to the ground as he considers necessary; or

(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 13(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.

Textual Amendments

F1 S. 13(3)(a)-(d) substituted for words in s. 13(3) (1.10.2004 except in relation to W., 10.11.2004 in so far as not already in force) by Fire and Rescue Services Act 2004 (c. 21), s. 61, Sch. 1 para. 70(2); S.I. 2004/2304, art. 2; S.I. 2004/2917, art. 2

F2 Words in s. 13(4) substituted (1.10.2004 except in relation to W., 10.11.2004 in so far as not already in force) by Fire and Rescue Services Act 2004 (c. 21), s. 61, Sch. 1 para. 70(3); S.I. 2004/2304, art. 2; S.I. 2004/2917, art. 2

Commencement Information

I1 S. 13 wholly in force at 3.6.1991. See s. 27(2) and S.I. 1991/1071, art. 2

Marginal Citations

M1 1975 c. 52.