Football Hooliganism: un profilo storico

(1)

UNIVERSITÀ DI PISA

Dipartimento di Civiltà e Forme del Sapere

Corso di Laurea Specialistica in Storia e Civiltà

Tesi di Laurea in Storia Contemporanea

Football Hooliganism: un profilo storico

Appendice

Relatore: Prof. Gianluca Fulvetti

Correlatore: Prof. Arturo Marzano

Candidato: Dott. Nicola Vannucci

(2)

Safety of Sports

Grounds

Act

1975

CHAPTER

52 ARRANGEMENT

OF

SECTIONS

Section

1.

Safety certificates

for

large

sports stadia.

2.

of

safety certificates.

3.

Applications

for

certificates.

4. Amendment

etc.

of

certificates.

5.

Appeals.

6.

Regulations.

7.

Determinations and appeals-supplementary.

8.

Alterations and

extensions.

9.

Exclusion

of

other statutory

requirements.

10.

Emergency

procedure.

11.

Powers

of

entry and

inspection.

12. Offences.

13.

Civil

liability.

14.

Service

of

documents.

15.

Power

to

extend Act

by

order.

16.

Application to

Crown.

17.

Interpretation.

18.

Orders

and

regulations.

19.

Short

title,

extent

and

commencement.

(3)

ELIZABETH

II

c.

52

1

Safety

of

Sports

Grounds

Act

1975

CHAPTER

52 An Act to

make

provision

for

safety

at

sports stadia and

other

sports grounds.

[1st

August

1975]

BE

rr

ENACTED

by the

Queen's

most Excellent Majesty, by

and

with

the

advice

and

consent

of

the

Lords Spiritual

and

Temporal, and Commons,

in

this

present

Parliament

assembled,

and

by the

authority

of

the same, as

follows:-

1.-(1)

The

Secretary

of

State

may

by order

designate as a safety

stadium

requiring

a

certificate under this

Act

(in this

Act

certificates

referred

to

as a

"

safety

certificate

")

any

sports

stadium

which for

large

in

his

opinion

has

accommodation

for

more than

10,000

Forts

stadia.

spectators.

.(2)

The

Secretary

of

State-

(a)

may

estimate,

by any

means

which

he considers

appro-

priate,

for

how many

spectators a sports

stadium

has

accommodation

;

and

(b)

may require any

person concerned with the

organisation

or

management

of

a sports

stadium

to furnish

him

within

such reasonable

time

as he

may specify

with

such

information

as he considers necessary

for

the

purpose

of

making

such an estimate. (3)

A

safety certificate may

be

either-

(a)

a

certificate issued by

the local

authority for

the

area

in

which

a

stadium

is situated

in

respect

of the

use

of

the

stadium

for

an

activity

or

a

number

of

activities

speci-

fied

in

the certificate

during

an indefinite period

com-

mencing with a date so specified

;

or

(b) a

certificate

issued by-

that

authority in

respect

of

the use

of

the

stadium

for

an

activity

or

a

number

of

(4)

2 C. 52

Safety

of

Sports Grounds Act 1975

Contents

of safety certificates

activities

specified

in

the

certificate

on an occasion

or

series

of

occasions so specified. (4)

In

this

Act-

"

designated stadium

"

means a

stadium

in

respect

of

which

a designation order is in

operation

;

"

designation

order

"

means an

order under

this section ;

"

general safety

certificate

"

means such a safety

certificate

as is mentioned

in

subsection (3)(a) above ; and

"

special safety

certificate

"

means such a safety

certificate

as is mentioned in subsection (3)(b) above.

2.-(1) A

safety

certificate shall contain

such terms and

conditions

as the

local

authority consider

necessary

or expedient

to secure reasonable safety at the stadium when

it

is

in

use

for

the specified

activity or

activities,

and the terms and

conditions

may

be such as

to

involve alterations

or

additions to

the stadium. (2)

Without

prejudice to

subsection (1) above. a safety

certificate-

(a)

shall

specify the

maximum number

of

spectators

to

be

admitted

to the stadium

;

(b)

may specify

the

maximum number

to

be

admitted to

different

parts

of

it

; and

(c)

shall include

terms and

conditions-

(i) as

to

the number, size and

situation

of entrances

to

and exits

from

the

stadium

or

any

part of

it

(including

means

of

escape

in

case

of

fire or other

emergency) and the means

of

access

to any

such entrances

or

exits ;

(ii)

requiring

those entrances, exits and means

of

access

to

be

properly maintained

and

kept free

from

obstruction

; and

(iii)

as

to

the number, strength and

situation

of

any crush barriers.

(3)

Without

prejudice

to

subsection (1) above, a safety cer-

tificate

may include a

condition that

the

following

records shall

be

kept-

(a) records

of

the attendance

of

spectators

at

the stadium ; and

(b) records

relating to

the maintenance

of

safety at the stadium.

(4)

A

general safety

certificate

shall

contain or

have attached

to

it

a

plan. of

the stadium, and the terms and

conditions

in

the

certificate, or

in

any special safety

certificate

issued

for

the stadium, shall be

framed,

where

appropriate,

by

reference

to

(5)

Safety

of

Sports Grounds

Act

1975 c. 52 3

(5)

A

safety certificate may include different terms and conditions

in relation to

different activities.

(6)

Nothing in

a safety certificate shall derogate

from

any requirements imposed

by

regulations under section 6(2) below.

3.-(1)

If

a

local authority

receive an

application

for

a safety Applications certificate for a designated stadium in

their

area,

it

shall be

their

for certificates.

duty to

determine whether the

applicant

is a person

likely

to be

in

a position,

to

prevent contravention

of the terms and conditions

of

a certificate ; and such a person is referred

to in

this

Act

as a

"

qualified

person ".

(2)

If

a

local

authority

determine

that

an applicant is a

qualified

person-

(a) where

no

general safety certificate

for

the stadium is

in

operation, they shall issue such a certificate

for

it

-

to

him

; and

(b) where a general safety certificate

for

the stadium is

in

operation, they may issue a special safety certificate

for

it

to him.

(3)

The local

authority

shall send a copy

of

an

application

for

a safety certificate

for

a stadium

to

the chief officer of police and the

building authority

for

the area

in which

it

is situated, and shall consult them about the terms and conditions

to

be included

in

the certificate.

(4) The

local authority

may

by

notice

in writing

require an applicant

for

a safety certificate to

furnish

them

within

such reasonable

time

as they may specify

in

the notice

with

such

information

and such plans as they consider necessary

to

enable them

to determine the terms and

conditions which ought

to

be included

in

any certificate issued

in

response

to

his application.

(5)

If

an

applicant

for

a safety certificate

fails to comply with

a requirement under subsection (4) above

within

the time specified

by

the

local authority, or within

such

further

time as

they may

allow,

he shall be deemed to have

withdrawn

his application.

4.-(1)

The local authority

may,

in

any case

in

which

it

Amendment

appears appropriate

to

them to do

so-

etc. Of

(a) amend a safety certificate

by

notice

in writing

to its certificates.

holder

;

or

(b) replace a safety certificate.

(2)

A

safety certificate may be amended

or

replaced either on the

application

of the holder or

without

such an application.

(3) Section 2 above shall apply on the amendment

or

replacement of a safety certificate.

(6)

4 c. 52 Safety

of

Sports Grounds

Act

1975

(4)

A

notice under

subsection

(l)(a)

above amending a general safety

certificate shall

specify the date on

which

the amendment

to which

it

relates is

to

come

into

operation,

and the date so

specified may be a date

later

than the date of issue

of the notice.

(5)

If

the

local

authority

receive an

application

for

the trans-

fer

of

a safety

certificate

from

the

holder

to some

other

person,

it

shall

be

their duty to

determine whether

that

person is a

qualified

person ; and

if

they

so determine, they may transfer

the

certificate

to

him.

(6)

An

application under

subsection (5) above

may

be made

either

by

the holder

of

a safety

certificate

or by

a person

to

whom

it

is proposed

that

it

should be transferred.

(7)

The

local authority

shall

send a copy

of

an

application

for

the

transfer

of

a safety

certificate

for

a stadium

to

the

chief officer

of

police

and the building authority

for

the area

in

which

it

is situated.

(8)

The local authority

shall

consult the chief officer

of

police

and the

building-

authority

about

any

proposal

to

amend, replace

or

transfer

a safety certificate.

(9)

The holder

of

a safety

certificate may

surrender

it

to

the

local authority,

and

it

shall thereupon cease

to

have effect. (10)

The local

authority

may cancel a safety

certificate

if

the

holder

dies or

(if

a

body

corporate) is dissolved.

Appeals.

5.-(1) A

local authority

shall serve

on

a person

whom they

determine not

to

be a

qualified

person

notice

in

writing of their

determination,

and a person

on whom

such a

notice is

served may appeal against the

determination

to

the Secretary

of

State. (2)

An

applicant

for

a special safety certificate may also appeal to the Secretary

of State against

a refusal of

his

applica-

tion

on grounds

other than

a

determination

that

he is

not

a

qualified

person.

(3)

An

interested

party may

appeal

to

the Secretary

of

State

against-

(i) the

inclusion

of

anything

in,

or the omission

of

anything

from,

a safety

certificate

;

or

(ii) the refusal

of

the local authority

to amend

or

replace

a safety

certificate.

(4)

Before determining an

appeal,

the

Secretary

of

State

shall,

if

the appellant, the local

authority or an interested

party

so desires,

afford to

the appellant,

to

the

local

authority

and

to

each interested

party

an

opportunity

of

appearing before, and being heard

by,

a person

appointed

by

the Secretary

of

State

(7)

Safety

of

Sports Grounds

Act

1975 c. 52 5

(5)

In

subsections (3) and (4) above

"

interested

party

"

includes-

(a) the

holder

of

a safety certificate ;

(b) any other person who is

or

may be concerned

in

ensuring compliance

with

the terms and conditions

of

(c) the chief officer

of

police ; and

(d) the

building authority.

(6)

The

Secretary

of

State may,

if

he considers

it

necessary,

appoint

one or more persons

to hold

an

inquiry in relation to

an appeal and

to

report to him.

(7) Subsections (2)

to

(5)

of

section 250 of the

Local

Govern- 1972 c. 70. ment Act 1972

or in

Scotland subsections (2)

to

(8)

of

section 210

of

the

Local

Government (Scotland)

Act

1973 shall apply

in

1973 c. 65.

relation to

an

inquiry

under this section as they apply

in

relation

to inquiries

held for the purposes

of

those Acts.

(8) On determining an appeal the Secretary

of

State may give such directions

to

the local

authority

as he considers appropriate

to

give effect

to

his determination ; and the local

authority

shall give effect

to

his directions.

6.-(1)

The

Secretary of State may

by

regulations-

(a) prescribe the procedure (subject

to

the provisions

of

this

Act)

for

the issue, amendment, replacement, transfer and cancellation

of safety certificates and the

particulars

to

be given

in

applications

for

their

issue, amendment, replacement

or

transfer ;

(b) authorise

local

authorities

to

determine, subject

to

such

limits

or in

accordance

with

such provisions as may be prescribed

by

the regulations, the fees

(if

any)

to

be charged

in

respect

of

such applications ; and

(c) prescribe the procedure

for

appeals under section 5 above, including, without prejudice to the generality

of

this paragraph, the time

within

which notice

of

an appeal is

to

be given and the manner

in

which

an appeal is to be determined.

(2)

The

Secretary

of

State may

by

regulations make provision

for securing safety

at

sports grounds.

(3) Regulations under subsection (2) above may provide,

with-

out

prejudice

to

its generality,

that

the

following

records- shall

be

kept

(a) records-

of

the attendance

of

spectators at sports grounds ; and

(8)

c._ 52 Safety

of

(b) records

relating

to

the maintenance

of

safety

at

sports grounds.

(4) Regulations under this section

may contain

such

incidental

and supplementary

provisions

as the Secretary

of

State

thinks

expedient.

Determinations

7.-(1)

Subject

to

subsection (2)

below,

if

a

local authority

and appeals- _serve_a_{notice under section}

_{50) above}

_{on any}

_person-

supplementary.

(a) when he is an

applicant

for

a safety

certificate,

he shall be deemed to have

withdrawn

his

application,

and (b) when he is the

holder

of

a safety certificate,, he shall

be deemed

to

have surrendered

it,

on the

expiry

of the

period

within

which,

by virtue of regulations

under section 6 above,

notice

of an appeal against

the

authority's

determination

may be given.

(2) Subsection (1) above shall

not

have effect

if

notice

of

appeal is given before the

expiry

of

the

period

there mentioned,

but

if

the

notice

is

withdrawn or

the Secretary

of

State upholds the

authority's determination,

the

appellant

shall be deemed to have

withdrawn

his

application

or

surrendered his

certificate

on the date

of

the

withdrawal

of

his

notice

of appeal

or of

the Secretary of State's

determination.

(3) Where notice is given

of

an appeal against

the inclusion

of

any

term

or condition

in

a safety

certificate

(whether

it

was included

in

the

certificate

originally or only

on its amendment

or replacement), the

operation

of

that

term

or

condition

shall be suspended, subject to subsection (4)

below,

until

the Secretary

of

State has determined the appeal.

(4)

If

the

court

is satisfied,

on an application

made

by

the

local.

authority, that, pending

the

determination

of

an appeal, a

'term

or condition

the

operation

of

which

is suspended

ought

to

be made

.

immediately

effective

for

the reasonable safety

of

persons

at the stadium, the

court

may

order that

it

shall be effective pending

that determination.

(5)

An

application under

subsection (4) above shall be made

in

England

and Wales

by complaint,

and

in

Scotland

by

summary

application.

Alterations

8.-(1)

If

while

a general safety

certificate

is in

operation

with

and extensions. respect

to

a stadium

it

is proposed

to alter

or

extend

that

stadium

or

any

of

its

installations,

and the

alteration or

extension

is

likely

to affect the safety

of

persons

at

the stadium, the

holder

of

the

certificate shall, before the carrying out

of

the proposals is - begun, give notice

of

the proposals

to

the local

(9)

Safety

of

Sports Grounds

Act

1975 c. 52 7

(2) Subsection (1) above

in particular

requires notice when

it

is proposed to alter the entrances to

or

exits

from

a stadium

or

any

part

of

it

(including any means

of

escape

in

case

of fire or

other emergency)

or

the means

of

access

to

any such entrances

or

exits.

9.-(1)

While

a general safety certificate is

in

force

in

relation Exclusion

to a stadium, the

following

provisions shall

not

apply

to

it,

of other

that

is

to

say-

statutory

(a) section 37(1)

of

the

Public Health Acts Amendment Act

requirements. _{1890 c. 59.}

1890 (platforms for

public

occasions) ;

(b) sections 168 and 175

of

the Burgh Police (Scotland) 1892 c. 55.

Act

1892 and section 31

of

the

Burgh

Police (Scotland) 1903 c. 33.

Act

1903 (which make provision

for

the safety

of

the

public in buildings

and other places used

for

accom- modating a number

of

persons),

in

so

far

as those sections relate

to

any matter

in relation

to

which requirements are imposed

by

the terms and conditions

of the safety

certificate ;

(c) section 59

of

the

Public Health

Act

1936 (exits, 1936 c. 49. entrances, etc.

in

the case

of

certain

public

and other

buildings) ;

(d) any

provision of

the

Fire

Precautions

Act

1971

or

1971 c. 40.

of

a

fire

certificate issued under

that

Act

in

so

far

as

it

relates

to

any matter

in relation to which

requirements are imposed by the terms and conditions

of

the safety certificate ; and

(e) any

provision

of

a

local

Act

in

so

far

as

it

relates

to

any matter

in relation to which

requirements are imposed by those terms and conditions.

(2) Where any enactment provides for the licensing

of

premises

of

any class

or

description and the

authority

responsible

for

licences thereunder is required

or

authorised to impose terms, conditions

or

restrictions

in

connection

with

such licences, then,

so long as there is

in

operation

with

respect to the premises a

safety certificate covering the use

of

the premises by reason of which a licence under

that

enactment is required, any term,

condition or

restriction imposed

with

respect

to

those premises

in

connection

with

any licence under

that

enactment shall be

of

no effect

in

so

far

as

it

relates to any matter

in relation

to which requirements are imposed by the terms and conditions

of

that

certificate.

(3)

A

person required by or under a local

Act to do anything

that would involve a contravention

of

the terms

or conditions

of

a safety certificate shall

not

be treated as having contravened

(10)

8 c. 52 Safety

of

Emergency

10.-(1)

If

the

court

is satisfied, on the

application

of the

local

procedure,

_{authority, that}

_{the risk to spectators}

_at

_a_sports

_ground

_is_so_great

that,

until

steps have been taken

to

reduce

it

to

a reasonable level,

their

admission

ought

to

be

prohibited or

restricted, the

court may by order

prohibit

or restrict,

to

the extent

that

the

court

considers

appropriate

in

the circumstances of the case, the admission

of spectators

to

the whole

or

any

part of

the ground,

until

such steps have been taken as,

in

the

opinion

of

the court,

are necessary

to reduce the risk to

a reasonable level.

(2)

At

any time

when an

order under

subsection (1) above is

in

operation, any

person

may apply

to the

court which

made the

order

for

its cancellation or modification

; and upon such an

application

the

court may order

that

it

shall be cancelled,

or

modified

in

such

manner

as

may

be specified

by the court,

from

such date as the

court may

specify.

(3)

An

application under

subsection (1)

or

(2) above shall be made

in

England

and Wales

by complaint,

and

in

Scotland

by

summary

application.

(4)

In

England

and Wales any

of

the

following

persons

may

appeal

to

the Crown

Court

against an

order under

subsection (1)

or

(2) above

or

the refusal

of

an

application

for

such an

order,

namely-

-(a) the

local authority

;

(b) any person

who

is concerned

in

the management

of

the

sports

ground

in

question

or

the organisation

of

any

activity

there ;

(c) the

chief officer

of

police

; and (d) the

building authority.

(5)

In

Scotland,

it

shall be competent

for

any of the following persons to appeal against an

order

made on an

application under

this

section

or

the refusal

of

such an

application,

namely-

(a) the

local authority

;

(b) any person

who

is concerned

in

the management of the sports

ground

in

question

or

the organisation

of

any

activity there

;

(c) the

chief officer

of

police

; and (d) the

building authority,

notwithstanding that that

person was

not party to

the proceedings on

that application.

Powers

of

entry and inspection.

11.

A

person authorised

by-

(a) the

local

authority

; (b) the chief officer

of

police ;

(11)

Safety

of

Sports Grounds

Act

1975 c. 52 9

(c) the

building authority

;

or

(d) the Secretary

of

State,

may, on

production

if

so required of his

authority,

enter a sports ground

at

any reasonable time, and make such inspection

of

it

and such

inquiries relating to

it

as he considers necessary

for

the purposes

of this

Act,

and

in particular

may examine records

of

attendance at the ground and records

relating

to

the maintenance

of

safety at the ground, and take copies

of

such records.

12.-(1)

Subject to subsection (4) below,

if-

Offences.

(a) spectators are admitted

to

a designated stadium

after

the date on which the designation order

relating to

it

comes

into

operation

but at

a

time

when no

application

for

a general safety certificate in respect

of

it

has been made

or

such an

application

has been made

but

has been

withdrawn, or

is deemed

to

have been

withdrawn

;

or

(b) when a general safety certificate is

in

operation

in

respect

of

a stadium spectators are admitted to the stadium on an occasion when

it

is used

for

an

activity to which

neither

the general safety certificate

nor

a special safety certificate relates ;

or

(c) spectators are admitted

to

a designated stadium on an occasion when,

following

the surrender

or

cancellation

of

a safety certificate, no safety certificate is

in

operation

in

respect

of that

stadium ;

or

(d) any

term or condition

of

a safety certificate is contra-

vend

;

or

(e) spectators are admitted to a sports ground

in contraven-

tion

of an

order under section 10 above,

any responsible person and,

if

a safety certificate is

in operation,

the holder of the certificate, shall be

guilty

of an

offence.

(2)

In

subsection (1) above

"

responsible person

"

means a

person who is concerned in the management

of

the stadium

or

other sports

ground in

question

or

the organisation

of

any

activity taking

place there at the time when an offence is alleged

to

have been committed.

(3)

A

person

guilty of

an offence under subsection (1) above shall be

liable-

(a) on summary conviction,

to

a fine

of

not

more than £400 ;

or

(b) on conviction on indictment, to imprisonment

for

not more than

two

years

or

a fine

or to

both.

(12)

10 c. 52 Safety

of

(4) Where any person is charged

with

an offence under subsection (1) above

it

shall be a defence

to

prove-

(a)

that

the spectators were

admitted

or

the

contravention

of

the certificate

or order

in

question

took

place

with-

out his consent

; and

(b)

that

he

took

all

reasonable precautions and exercised

all

due diligence

to

avoid

the commission

of

such an

offence

by himself or any

person

under his control.

(5)

Regulations under

section 6(2) above may

provide that

a breach

of

the regulations shall be an offence punishable as

provided by

the regulations,

but

shall

not provide that

a person

guilty of

such an offence shall be

liable to

punishments greater

than

those specified

in subsection

(3) above. '(6)

Any person

who-

(a)

without

reasonable excuse, refuses, neglects

or

otherwise

fails to comply

with

a

requirement under

section 1(2)(b) above

within

the

time

specified

by the

Secre-

tary

of

State ;

or

(b)

in

purporting to carry out

such a

requirement,

or

a

requirement under

section 3(4) above,

or

for

the purpose

of

procuring

a safety

certificate

or the amend-

ment, replacement

or

transfer

of

a safety

certificate,

knowingly or

recklessly makes a false statement

or

knowingly or

recklessly produces, furnishes, signs

or

otherwise makes use

of

a

document containing

a false statement ;

or

(c)

fails to

give

a

notice required by

section 8(1) above ;

or

(d)

wilfully

obstructs

any

person

in

the exercise

of

powers

under

section 11 above,

or without

reasonable excuse refuses, neglects

or

otherwise

fails

to

answer any question asked

by any

person

in

the exercise

of

such powers,

shall be

guilty of

an offence and

liable

on summary

conviction

to

a

fine not

exceeding £400.

(7) Where an offence

under this

Act

which

has been com-

mitted by

a

body corporate

is

proved to

have been

committed

with

the consent

or

connivance

of, or

to

be

attributable

to

any neglect on the

part of,

a

director,

manager, secretary

or other

similar

officer

of

the

body

corporate,

or

any person

who

was

purporting

to

act

in any such

capacity,

he, as

well

as the

body

corporate, shall be

guilty of

that offence and be liable to be

proceeded against and punished accordingly.

(8) Where the affairs

of

a

body corporate

are managed

by its

members, subsection (7) above shall

apply

in

relation to

the acts and

defaults

of

a member

in

connection

with

his

functions

of

management as

if

he were a

director

of the

body

corporate.

(13)

Safety

of

Sports Grounds

Act

1975 c. 52 11 13. Except

in

so

far

as this

Act

otherwise expressly pro- Civil liability. vides, and subject to section 33

of

the

Interpretation

Act

1889 1889 c. 63.

(offences under two

or

more laws), the provisions

of

this

Act

shall

not

be construed

as-

(a)

conferring

a

right

of

action

in

any

civil

proceedings (other than proceedings

for

the recovery

of

a fine)

in

respect

of

any contravention

of

this

Act

or

of

any regulations made under this Act

or

of any

of

the terms

or

conditions

of

or

(b) affecting any requirement

or

restriction imposed by or under any other enactment whether contained

in

a

public

general

Act

or in

a

local

or

private Act ;

or

(c) derogating

from

any

right of

action

or other

remedy (whether

civil

or criminal) in

proceedings instituted otherwise than under this

Act.

14.-(1)

Any

notice

or

autho- Service of

rised by

or

by virtue of this

Act to

be served

on any person may

documents.

be served

on him either

by delivering

it to

him

or

by leaving it

at

his

proper

address

or

by sending

it

by post.

(2)

Any notice

or other document

so

required or authorised

to

be served

on a body corporate or a

firm shall be duly served

if

it

is

served on

the secretary or

clerk

of that body or

a partner

of

that

firm.

(3)

For the

purposes of

this

section,

and of

section 26 of

the

Interpretation Act

1889

in its

application to

this section,

the

proper address of a

person, in the case of

a

secretary

or

clerk

of a body

corporate,

shall

be

that

of

the

registered

or principal

office

of

that body,.in the

case

of a

partner

of

a

firm shall be

that of the principal

office

of the

firm,

and

in any

other

case

shall be the

last known address

of

the person to be

served.

15.

The

Secretary of State may by

order direct that

any

Power to

of

the

provisions of this

Act

which

are not

expressed to apply

xtondAct

to sports grounds other than

sports stadia shall, subject

to

such

exceptions,

adaptations and

modifications

is

may be specified

in

the order, extend to

classes

of such sports grounds.

16.-(1)

Sections

I

to

4

and

6(2)

above

bind the

Crown,

but

Application

shall have effect,

in relation to

premises

occupied by

the

Crown,

to Crown.

with the substitution of

a

reference

to the

Secretary

of

State

for

any reference

to the

local

authority.

(2)

Nothing

in this

Act

shall be

taken to authorise the entry

of premises occupied by

the

Crown.

17.-(1)

In

this Act unless

the context

otherwise

requires,-

Interpretation.

" building authority

"

means-

(14)

12 c. 52 Safety

of

Sports Grounds

Act

1975

(a)

in

an

Outer London borough,

the

council

of

the borough ;

(b) elsewhere

in

Greater

London.

the Greater

London Council

;

(c)

in

England

outside

Greater

London,

or

in

Wales, the district

council

;

(d)

in

Scotland, the

local authority

within

the 1959 c. 24.

meaning

of

the

Building

(Scotland)

Act

1959 ;

"

the

court

"

means,

in

relation to

premises

in

England

or

Wales, a magistrates'

court

acting

for

the

petty

sessions area in

which

they are situated and, in

relation

to

premises

in

Scotland, the

sheriff

within

whose

jurisdiction

they are situated ;

"

designated

stadium

"

and

"

designation

order

"

have the meanings assigned

to

them

by

"

general safety

certificate

"

has the meaning assigned to

it

by

"

local-authority

"

means-

(a)

in

Greater London,

the Greater

London

Council

;

(b)

in

England

outside

Greater

London,

or in

Wales, the

county council

;

(c)

in Scotland, the regional

or

islands

council

; means

of

access"

includes means

of

access

from

a

highway

;

"

qualified

person"

has the meaning assigned

to

it

by

section 3 (1) above ;

"

safety

"

does

not include

safety

from

danger

inherent

in

participation

in

a

sporting

or

competitive

activity

;

"

safety

certificate

"

to

it

by

section

1(1) above ;

"

special safety certificate

"

to

it

by

"

spectator

"

means

any

person

occupying accommodation

provided

for

spectators

at

a sports

ground

;

"

sports

ground

"

means

any place

where sports

or

other

competitive activities take

place

in

the open

air

and where

accommodation

has been

provided

for

spectators, consisting'

of artificial

structures

or of

natural

structures artificially

modified

for

the purpose ;

"

sports

stadium

"

means a sports

ground

where

the

accom-

modation provided

for

spectators wholly or

substantially

surrounds

the area used

for

activities

taking

place on

(15)

Safety

of

Sports Grounds

Act

1975 c. 52 13

(2)

Any reference

in

this

Act to

any

enactment

is

a reference

to it

as

amended, and

includes

a reference to it

as

applied

by

or under any other

enactment, including this Act.

18.-(1)

Any power to make

an order or regulations conferred

orders

on the

Secretary of State by any provision

of

this

Act

shall be

and

exercisable

by statutory

instrument.

regulations.

(2)

Any power to make an order conferred

by

any

provision

of this

Act

shall include power to make an order varying or

revoking any

order

previously

made under

that

provision.

(3)

Orders

and

regulations

under

this

Act

(except

an order

under

section

19(6)

below) shall be subject to

annulment in

pursuance

of

a resolution

of either House of

Parliament.

(4)

It

shall

be the duty

of the Secretary of State, before making

an order or

regulations under

any

of the preceding provisions

of this Act,

to

consult with such persons

or

bodies

of

persons

as

appear to

him requisite.

19.-(1)

This Act

may

be

cited as

the

Safety of Sports Grounds

short title,

Act

1975. extent and

comtnonce- (2)

This Act

does

not extend

to

Northern

Ireland. ment.

(3)

Except as provided

by

an order

under this section, this

Act

does

not

extend

to the

Isles of

Scilly.

(4)

The

Secretary of State may by

order direct

that

this Act

shall, subject

to

such exceptions,

adaptations and

modifications

as may be

specified in

the order,

extend to the Isles

of

Scilly.

(5)

An

order made under

subsection

(4)

above may contain

such incidental

and

consequential provisions, including pro-

visions

conferring

powers

or

imposing duties

on the

Council

of

the Isles

of

Scilly,

as the

Secretary

of

State

thinks

necessary.

(6)

This Act

shall come into force

on

such

day as the

Secre-

tary of State may by order appoint, and

different

days may be

so appointed

for

different provisions

and

for

different purposes.

Printed in the UK for The Stationery Office Limited under the authority and superintendence of Peter Macdonald, Controller of Her Majesty's Stationery

Office and Queen's Printer of Acts of Parliament.

1st Impression August 1975

5th Impression June 1997

(16)

Sporting Events

(Control of Alcohol

etc.)

Act

1985

CHAPTER

57 ARRANGEMENT OF

SECTIONS

Section

1. Offences

in connection with alcohol

on

coaches

and trains.

2. Offences

in connection with

alcohol,

containers

etc.

at

sports

grounds.

3. Licensing

hours within sports grounds.

4. Supplementary provisions

about

orders

under

section

3.

5. Appeals.

6. Closure

of

bars.

7. Powers

of

enforcement.

8. Penalties

for

offences.

9. Interpretation.

10. Amendment

of

Criminal Justice (Scotland) Act

1980.

11. Short title and

extent.

SCHEDULE:

Procedure.

(17)

ELIZABETH

II

c. 57

Sporting Events

(Control

of

Alcohol

etc.)

Act

1985

CHAPTER

57 An Act

to

make

provision

for

punishing

those

who

cause

or permit intoxicating

liquor

to

be

carried on

public

service vehicles

and

railway

passenger

vehicles

carrying

passengers

to or

from

designated

sporting

events

or

who

possess

intoxicating

liquor

on

such vehicles

and

those

who

possess

intoxicating liquor or

certain articles

capable

of

causing

injury

at

designated sports

grounds

during

the

period

of

designated

sporting

events,

for

punishing

drunkenness

on

such vehicles

and,

during

the

period

of

designated

sporting

events,

at

such

grounds

and,

where

licensed premises

or

premises

in

respect

of

which

a

club

is registered

(for

the

purposes

of

the Licensing

Act

1964)

are

within

designated

sports

grounds,

to

make

provision

for

regulating the

sale

or

supply

of

intoxicating liquor

and

for

the closure

of

bars.

[25th

July

1985]

B

E

with

IT ENACTED

the advice and consent

by

the Queen's most Excellent Majesty,

of

the

Lords Spiritual

by

and

and,

Temporal,

and

Commons,

in

this

present Parliament

assembled,

and

by

the

authority

of

the

same,

as

follows

:-

1.-(1)

This

section

applies to

a

vehicle

which-

offences

_in

(a) isalladpublic

service

vehicle

or railway

passenger

vehicle,

connection

with

alcohol on

(b)

is being

used

for

the

principal

purpose

of

carrying

pass-

coaches and

engers

for

the

whole or part

of

a

journey

to or from

trains.

a

designated

sporting

event.

1

(18)

2

1981 c. 14. Offences

in

connection

with

alcohol,

containers

etc. at sports

grounds.

c.

57 Sporting

Events

(Control

of

Alcohol

etc.)

Act

1985

(2)

A

person

who

knowingly

causes

or

permits intoxicating

liquor

to

be

carried

on

a

vehicle to which this

section applies

is

guilty of

an

offence-

(a)

if

the

vehicle

is a

public

service vehicle and

he is

the

operator

of

the vehicle

or

the servant

or

agent

of

the

operator,

or

(b)

if

the vehicle

is a

hired

vehicle and

he

is the person

to

whom

it

is

hired

or

the servant

or

agent

of

that

person.

(3)

A

person

who

has

intoxicating

liquor in

his

possession

while on

a

vehicle

to

which this

section applies is

guilty of

an

offence.

(4)

A

person

who

is

drunk

on

a

vehicle

to which this

section

applies is

guilty of

an

offence.

(5)

In

this

section

"

public

service

vehicle

"

and

"

operator

"

have the

same

meaning

as

in

the

Public

Passenger

Vehicles

Act

1981.

2.-(1) A

person

who

has

intoxicating

liquor or

an

article

to

which this

section applies

in

his

possession-

(a)

at

any time during the period

of

a

designated

sporting

event when he is

in

any

area

of

a designated

sports

ground

from

which

the event may be

directly

viewed,

or

(b)

while entering

or trying to

enter

a designated

sports

ground at

any

time during the period

of

a

designated

sporting

event

at

that

ground,

is

guilty

of

an

offence.

(2)

A

person

who

is

drunk

in

a

designated sports

ground at

any time during the period

of

a

designated

sporting

event

at that

ground

or

is

drunk

while entering

or trying to

enter such

a

ground at any

time during

the

period

of

a

designated

sporting

event

at that ground

is

guilty of

an offence.

(3)

This

section applies

to

any

article

capable

of

causing

injury

to

a

person

struck

by

it,

being-

(a)

a

bottle,

can

or

other portable container (including

such

an

article when

crushed

or

broken)

which-

(i) is

for

holding any

drink,

and

(ii)

is

of

a

kind

which,

when empty,

is

normally

discarded

or returned

to, or left to

be recovered

by,

the supplier,

or

(b)

part

of an article falling within

paragraph

(a)

above

but

does

not

apply

to

anything

that

is

for

holding any medicinal

(19)

Sporting

Events

(Control

of

Alcohol

etc.)

Act

1985

c.

57 3.-(1)

Where licensed premises

or

registered

club

premises

Licensing

are situated

within

the area

of

a

designated sports

ground-

hours

within

(a)

the

permitted hours

in

those premises

for

the purposes

grounds.

of

Part

III

of

the Licensing

Act

1964

(hours

during

1964 c. 26.

which intoxicating

liquor

may

be sold

or

supplied

in

the premises

or

consumed

in or

taken

from

the

premi-

ses)

shall not,

subject

to

the

provisions

of any order

under this

section

in

respect

of

the premises,

include

any

part of

the period

of

any

designated

sporting

event

at

the designated sports

ground, and

(b)

section 63(2)(b)

of

that

Act

(intoxicating

liquor

ordered

for

consumption off

the

premises)

shall

not apply dur-

ing any

part of that

period.

(2)

Where licensed premises

or

registered

club

premises are

so

situated,

a

magistrates'

court

may

by

an

order under this

section

provide-

(a)

that

the

permitted hours

in

the premises

or

any

part of

them shall, during

so

much

of

the

period

of

any

desig-

nated

sporting

event

at

the designated sports

ground

as

would (apart

from

this

section) be

included

in

the per-

mitted

hours,

include

such

period

as

may

be

determined

under

the

order, and

(b)

that during

the

period

so

determined

such

conditions

as

may be specified

in

the

order (including conditions

modifying

or

excluding any existing conditions

of

the

justices' licence

or,

as

the

case

may be, the

registration

certificate) shall apply

in

respect

of

the

sale

or

supply

of

intoxicating liquor in

the

premises

;

and the justices' licence

or,

as

the

case

may

be,

registration

certificate shall

have effect

accordingly.

(3)

An

order under this

section shall

not apply

to

any

part

of

the

premises

from

which

designated

sporting

events

at

the

designated sports

ground may

be

directly

viewed.

(4)

It

shall

be a

condition

of

any

order under this

section

that

there shall

be

in

attendance

at

the designated sports

ground

throughout

the

period

of

any designated

sporting

event

a

person-

(a)

who

is

responsible

for

securing

compliance

with

this

section, being the

holder

of

the justices' licence

or

a

person

designated

by

him

or,

in

the

case

of

registered

club

premises,

a

person designated

by

the

club,

and

(b)

written

notice

of

whose

name and

current

address has

been

given

to

the

chief

officer

of

police.

(20)

4 c. 57

Sporting

Events

(Control

of

Alcohol

etc.)

Act

1985

(5)

A

magistrates'

court

may-

(a)

vary

an

order under this

section,

either generally

or in

respect

of

a

particular

designated

sporting

event and,

in

the

latter

case,

may

in

particular

provide that

the

order

shall

not

have effect

in

respect

of that

event,

or

(b)

revoke the order.

(6)

A

magistrates'

court shall

not

in

respect

of

any

sports

ground make

an

order under this

section

in

any terms,

or

vary

the terms

of

such

an

order

(otherwise

than by

providing

for

it

not to

have effect

in

respect

of

a

particular

event), unless

satis-

fied

that, having

regard

in

particular

to

the arrangements made

for

the admission

of

spectators and

for

regulating

their

conduct,

an

order

in

the terms proposed

is

not likely

to

be

detrimental

to

the

orderly conduct

or

safety

of

spectators.

(7)

Where an

order under this

section is

in

force

in

respect

of

any sports

ground and

a

police officer

of

rank not

less

than

inspector is

of

the

opinion-

(a)

that

the

sale

or

supply

of intoxicating liquor in

pur-

suance

of

the order during

the

period

of

a

particular

designated

sporting

event

is

likely to

be

detrimental

to

the

orderly conduct

or

safety

of

spectators

at

that

event,

and

(b)

that

it

is

impracticable

for

an

application to

be made

to

a magistrates'

court

for

the

variation of

the

order

in

respect

of that

event,

he

may give

written

notice to

the person whose name

has been

given

to

the

chief officer

of

police

in

accordance

with

subsection

(4)

above.

(8)

A

notice is

to

be

treated

as

given

to

a

person

under

sub-

section

(7)

above

if

it

is

left

at

(a)

the licensed premises

or,

as

the

case

may

be,

the

regis-

tered

club

premises,

or

(b)

the

address

notified under

subsection

(4)(b)

above.

(9)

A

notice under

subsection

(7)

above

may

state

that,

with

effect

from

the

time

when the notice

is

given, the

order under

this

section

shall,

in

respect

of

the

sporting

event

concerned-

(a) cease

to

have effect,

or

(b)

have effect subject

to

such

modifications

as

may

be

specified

in

the

order

;

and the

order

shall

apply accordingly.

(10)

A

person

who

sells

or

supplies

or

authorises the

sale

or

supply

of intoxicating

liquor

at

any

time

that

is

excluded

from

the permitted hours by virtue of this

section

or

in

contravention

(21)

Sporting

Events

(Control

of

Alcohol

etc.)

Act

1985

c. 57

5

offence

under

section

59(1)(a)

of

the

Licensing

Act

1964

(pro-

1964 c. 26.

hibition of

sale etc.

outside

permitted

hours)

but

shall be

guilty

of

an offence under

this

subsection

if-

(a)

he

is the

holder

of

the justices' licence

or,

as

the

case

may be, an officer

of

the

club, or

(b) he

knows

or

has

reasonable

cause

to

believe the

sale

or

supply

to

be such

a

contravention.

(11)

A

person is

not

guilty of

an offence

under

section 59(1)(b)

of

that

Act

(prohibition of

consumption

etc.

outside

permitted

hours)

in

respect

of

any time

which by virtue of

a

notice under

subsection

(7)

above

is

not part

of

the

permitted hours

unless he

knows

or

has

reasonable

cause

to

believe

that

the

time

is

not

part of

those hours.

4.-(1)

Subject

to

the

provisions

of

this

section, an

order under

Supplemen-

section

3

of

this

Act in

respect

of

any

premises

shall

(unless

_provisions

sooner revoked)

cease

to

have

effect-

about orders

(a)

on the coming

into

effect

of

a

further

order under that

under

section

in

respect

of

those premises,

or

(b)

on the

expiration

of

the

period

of

five months beginning

with

the day on

which

it

comes

into

effect,

whichever

is

the

sooner.

(2)

An

order under that

section

in

respect

of

licensed

premises

shall

cease

to

have effect on

the transfer

of

the justices' licence

or on

the premises

ceasing

to

be licensed premises.

(3)

An

order under

that

section

in

respect

of

registered

club

premises

shall

cease

to

have effect

if

the

club

ceases

to

be regis-

tered.

(4)

Where an

order under that

section

is

in

force

in

respect

of

any

premises

and

application

is made

not

less

than

twenty-eight

days before the

order

is due

to

expire

for

renewal

of

the order

or

for

a

further

order

in

respect

of

the premises, the first-mentioned

order

shall

not

cease

to

have effect

by virtue

of

subsection

(1)(b)

above

until

the

application

is disposed

of

by

the magistrates'

court.

(5)

Applications

for

or

relating

to

orders

under that

section

shall

be made

to

the magistrates'

court acting

for

the

petty

ses-