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007/2014 Charging for Police Services during the Tour de France Grande Depart in Yorkshire – 20 May 2014

Executive Summary and recommendation:

The paper provides the grounds for which Special Policing Services are applied and considers those grounds as they relate to the Tour de France Grande Depart in Yorkshire. The paper will argue that there are no such grounds for charging Special Policing Services.

Police and Crime Commissioner decision: Policy approved

Signature:

signature

Date: 20 May 2014

Title:  Police and Crime Commissioner

Part 1 – Unrestricted facts and advice to the PCC

  1. Introduction and background

Charging for Police Services

The statutory basis for the provision of Special Policing Services (SPS) is provided by Section 25(1) of the Police Act 1996, which states that

“The chief officer of police of a police force may provide, at the request of any person, special police services at any premises or in any locality in the police area for which the force is maintained, subject to the payment to the local policing body of charges on such scales as may be determined by that body.”

The key point being, that before any consideration of whether the provision of SPS applies, there must first be a request from a person. Without such a request, there can be no consequent charges.

TDF SPECIFIC NOTE – There has been no request by any person to supply SPS to the Tour de France Grande Depart in Yorkshire.

The practical application of the act is governed by the ‘ACPO & the Association of Police and Crime Commissioners (APCCs) Guidelines on Charging for Police Services’. The current version of the document has been revised in conjunction with the Association of Police and Crime Commissioners. It incorporates guidance following legal judgments including the ‘Mean Fiddler’ case and GMP vs Wigan Athletic AFC.

Section 5 of the ACPO /APCC document deals with Charging for the Policing of Events

Some of the key points are:

(Para 5.4) A Police force has a responsibility to assess the safety requirements in liaison with all partner agencies of an event. The force will review the nature of the event with the organiser in order to minimise the risk to the assessed safety requirements. The (responsibility for the) safety of the event is primarily that of the event organiser.

(Para 5.5) There is normally an important secondary element of assessing the direct community effect of the potential impact on crime and disorder and in some cases traffic management, occurring within the community, as a result of the event. Based on that overall assessment, it may be agreed that special police services are needed to support either a safety certificate or licence. There must be an agreement between the event organiser and the police of the need for special police services, which must be requested by the event organiser and accepted by the police.

TDF SPECIFIC NOTE – the Tour de France does not require a formal safety certificate or a licence. It does require the authority of the Chief Officer of Police under the Cycle Racing on the Highways Regulations 1960, as amended by the Cycle Racing on Highways (Tour de France 2014) Regulations 2014.

There are a number of events consequent to it which do require a safety certificate or a licence, all of which have been approved by Local Authority Safety Advisory Groups and all of which have their own stewarding in place. None of these have requested special policing services.

(Para 5.7) There are a limited number of events for which, although a formal safety certificate licence is not required, the event includes a range of characteristics that would imply that policing services should be supplied and charged for.

(Para 5.12) Cases heard in 2006 in the Court of Appeal (Reading Festival Limited v West Yorkshire Police Authority) and 2007/08 (GMP vs. Wigan AFC) have impacted on the approach to be taken in providing Special Police Services.

(Para 5.13) The judgements clarified that a PCC cannot charge for Special Police Services in the absence of an agreement between the event organiser and the police of the need for such services. Special Police Services need to be specifically requested by an event organiser, promoter or individual. This may be a clear explicit request (or in some limited cases an implied request). Both cases severely limited the circumstances in which such a request would be implied.

 TDF SPECIFIC NOTE – There has been no request by any person to supply SPS.

(Para 5.15) ….The provision of stewarding or traffic management consultancy can mitigate the requirement of police involvement in the safety element of the policing role, thus reducing the consequent requirement for Special Police Services.

TDF SPECIFIC NOTE – The event is being supported by 10,000 volunteers and thousands of paid stewards. Traffic management provision is in place.

  1. Matters for consideration

 Decision regarding Charging for Police Services

 There has been no specific request for Special Policing Services from any person in relation to the Tour de France Grande Depart in Yorkshire.

The Tour de France Grande Depart does not require a safety certificate or a licence. It does require the authority of the Chief Officer of Police under the Cycle Racing on the Highways Regulations 1960, as amended by the Cycle Racing on Highways (Tour de France 2014) Regulations 2014. This allows the Chief Officer of Police to stipulate conditions. Notification under these regulations has been received in North Yorkshire on the 4th June and not yet considered by the Chief Constable.

There are a number of events consequent to the Tour de France Grande Depart which do require a safety certificate or a licence. All have been approved by Local Authority Safety Advisory Groups and all have their own stewarding in place. None of these have requested special policing services.

A PCC cannot charge for Special Police Services in the absence of an agreement between the event organiser and the police of the need for such services. Special Police Services need to be specifically requested by an event organiser, promoter or individual. This may be a clear explicit request (or in some limited cases an implied request). It may be argued that there is an implied request however, the recent court of appeal cases severely limited the circumstances in which such a request would be implied. In my view, the level of stewarding and volunteers engaged in supporting this event mean that there is no implied request for Special Policing Services.

Recommendation

The provision of Special Policing Services does not apply to the policing of the Tour de France Grande Depart, or the currently known consequent events linked to it.

Public Access to information

The Police and Crime Commissioner wishes to be as open and transparent as possible about the decisions he/she takes or are taken in his/her name. All decisions taken by the Commissioner will be subject to the Freedom of Information Act 2000 (FOIA).

As a general principle, the Commissioner expects to be able to publish all decisions taken and all matters taken into account and all advice received when reaching the decision. Part 1 of this Notice will detail all information which the Commissioner will disclose into the public domain. The decision and information in Part 1 will be made available on the NYPCC web site within 2 working days of approval.

Only where material is properly classified as restricted under the GPMS or if that material falls within the description at 2(2) of The Elected Local Policing Bodies (Specified Information) Order 2011 will the Commissioner not disclose decisions and/or information provided to enable that decision to be made. In these instances, Part 2 of the Form will be used to detail those matters considered to be restricted. Information in Part 2 will not be published.

 

Is there a Part 2 to this Notice – NO

Originating Officer Declaration – Author name:    Ken McIntosh – Collar number:  1414

  Name     (Collar Number) Date of completion (√)
Head of Departmenthas reviewed the request and is satisfied that it is correct and consistent with the NYPCC’s plans and priorities. Ken McIntosh1414 05.06.2014
Legal AdviceLegal advice has been sought on this proposal and is considered not to expose the PCC to risk of legal challenge or such risk is outlined in Part 1 or Part 2 of this Notice. To be completed by Legal
Financial AdviceThe CC CFO has been consulted on this proposal, for which budgetary provision already exists or is to be made in accordance with Part 1 or Part 2 of this Notice. To be completed by Finance
Equalities AdviceEither there is considered to be minimal impact or the impact is outlined in Part1 or Part2 of this Notice. Author to complete as Equalities matters are mainstreamed within departments. Ken McIntosh1414 05.06.2014

I confirm that all the above advice has been sought and received and I am satisfied that this is an appropriate request to be submitted for a decision

Signature:  Ken McIntosh, Acting Assistant Chief Constable
Date: 16 June 2014

 

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