Sports Grounds & Activities
The Safety of Sports Grounds (Northern Ireland) Order 2006 makes special provisions for the safety of designated sports grounds. A designated sports ground is one in respect of which a designation is made. A designation may be made in respect of a sports ground which has accommodation for more than 5,000 spectators.
A designated sports ground requires a safety certificate. It is to contain such terms and conditions as the District Council considers necessary or expedient to secure the reasonable safety of the sports ground when it is used for a specified activity. It may provide for terms and conditions.
An application is made to the District Council for a safety certificate for a designated sports ground. The applicant must be in a position to prevent the contravention of the terms and conditions of the certificate. Where the council determines the applicant has the requisite capacity, it issues a certificate to them.
Where there is a general safety certificate in operation, the council may issue a special safety certificate. A special certificate is one issued in respect of the use of the grounds for an activity or a number of activities specified on a series of occasions. An ordinary safety certificate applies to an activity or a number of activities specified in the certificate during an indefinite period.
A copy of the safety certificate is issued to the council and to the Chief Constable, and the application is sent to the Chief Constable and Fire Board, and the council is to consult with them. They may make representations in relation to conditions, etc. A certificate may be amended or replaced when it appears appropriate.
A council may issue a prohibition notice where it is of the opinion that the admission of spectators to a sports ground or a part will involve risks that are so serious that, until steps are taken to reduce them to a reasonable level, admission ought to be prohibited. A prohibition notice may include directions as to steps to be taken to reduce the risk.
There is provision for an appeal against prohibition notices to the Magistrates’ Court.
There are a range of offences for the use of a sports ground in contravention of a certificate or without holding the requisite certificate.
There is provision for safety certificates in respect of stands in sporting grounds that are not subject to the above provisions. A safety certificate is required in respect of the use of a stand and each stand which provides accommodation for 500 or more spectators to view activity on the ground.
A single certificate may cover a number of stands. There is provision for a safety certificate for a stand. Broadly similar provisions apply with respect to certificates for the sports ground. A safety certificate may include conditions regarding the number of persons who may be accommodated on a stand.
A safety certificate for a stand may be issued to a person who is in a position to manage the stand. A person may appeal to the Magistrates’ Court in respect of adverse determinations in respect of a safety certificate for a stand.
Where it is proposed to alter or extend a sports ground or stadium stand, the proposals must be made and approved by the council. District Councils are obliged to enforce the legislation. They are to arrange inspections.
The Activity Centres (Young Persons’ Safety) (NI) Order provides for the licensing of activity centres. The Department of Education, after consultation with the Health and Safety Executive, may, by order, designate a licensing authority to exercise functions as may be prescribed by regulations in relation to the licensing of persons providing facilities for adventure activities.
Facilities for adventure activities include facilities for such sporting, recreational, and outdoor activities as may be prescribed. It does not include facilities that provide exclusively for persons who have attained the age of 18 or facilities that do not consist of some element of instruction or leadership.
Regulations may provide for circumstances in which persons providing facilities for adventure activities are or are not subject to requiring a licence; requirements relating to safety to be satisfied by an applicant for a licence; conditions subject to which a licence may be granted; variation of conditions, renewal, transfer, and revocation of licences; making of payments by the licensing authority to a Fund; charging of fees in connection with the licensing; keeping and availability of registers and making them public; and bringing appeals to the Department against decisions of the licensing authority.
Regulations may provide that it is an offence to do anything that requires a licence other than with a licence. A person convicted on summary conviction may be subject to a fine not exceeding the statutory maximum. On indictment, an offence under regulations may be subject to imprisonment for a period of up to two years or a fine or both.
The provisions in the Health and Safety and Welfare at Work legislation may be applied. These include provisions in relation to enforcement authorities, inspections, improvement and prohibition notices, the power to deal with imminent danger, obtaining and disclosure of information.