Developing Form 696

Report: 9
Date: 12 November 2009
By: Assistant Commissioner Central Operations on behalf of the Commissioner

Summary

This report follows a report to the committee on the 10 September 2009 and updates the members on:

1. the consultation process undertaken to revise form 696,
2. the contents of the new form 696, and
3. the application of the form with monthly numbers and general details of the applications made.

A. Recommendation

Members are requested to:

• Support the continued use of the Event Risk Assessment Process and form 696 as a valuable tool that assists police and event organisers to work together to manage the risk of serious violence present at some events.
• Note the contents of the Equalities Impact Assessment (EIA) at Appendix 2 and the extensive consultation process undertaken and wide support for the continued use of the form from those who use it and from representatives of the communities disproportionately affected by some of the most serious violence and gun crime.
• Note the contents of the revised Form 696, at Appendix 1, which is effective from 23 October 2009.
• Note current application of the Form 696 as referred to in paragraph 16 of this report.

B. Supporting information

1. This report is an updating report on the review process, and resulting revised Form 696 which has been effective since 23 October 2009.

2. Over the last 18 months CO14 Clubs and Vice have successfully developed strong consultative links with a wide variety of organisations to ensure the Risk Assessment Process and form 696 continues to be a valuable tool in tackling the most serious violence and gun crime connected to licensed premises.

3. The Promoters Forum is made up of a diverse group of event promoters who use Form 696. The forum met in June 2008, November 2008, April 2009 and August 2009. They are due to meet again on 9 November 2009.

4. The Central Trident Independent Advisory Group (IAG) is supportive of the risk assessment process and Form 696. The IAG is mindful that ‘most serious violence’ and shooting incidents are not restricted to promoted events in licensed premises. For example they are aware of shooting incidents that have occurred at promoted events in school halls. There was concern that community halls, schools etc were not covered by the form and that should regulations be made too tight it would push unscrupulous promoters underground to community halls etc. In addition the IAG is of the view that use of the form should be made enforceable. They did express some concern that there was no systematic collection of data from the form and some members considered that the section on music style was too discriminatory. Both these areas are addressed in the latest review of the process and revised form 696.

5. The Black Owners Club Forum is predominantly managed within Lambeth borough. A number of the forum use form 696 and met in February 2009 and June 2009. Those that were not using it regularly agree with the aims of the risk assessment process and Form 696 and stated that they would volunteer to use it.

6. The recent review of the Form 696 was commissioned by the head of Clubs and Vice Unit, Detective Chief Superintendent Richard MARTIN, in April 2009.

7. Key stakeholders in addition to those above were identified and represented at a meeting held at the Department of Culture, Media and Sport (DCMS) on 20 May 2009.

Invited and present were:

• Local Authority (LA) licensing units represented by Pat CROWLEY, LB of Chelsea and Kensington, chairperson for LA licensing manager’s forum.
• Department of Culture Media and Sport DCMS - represented by Paul NICOL, Senior Policy Advisor Licensing and Gambling Regulatory Projects Sport and Leisure.
• Independent Promoter Network represented by Dominique CZOPOR. She was the editor of the independent music magazine SPILL for 3 years and is currently working closely with promoters and setting up a promoter’s network.
• Musicians Union (MU) represented by Dave WEBBSTER, MU London Region Senior Organiser and Diane Baxter, National Organiser for Live Performance and Teaching.
• UK MUSIC - represented by Fergal SHARKEY, Chief Executive of UK MUSIC.
• Promoter of club nights - Steven MAHON Promoter Co-ordinator for over 20 night clubs / large public houses within London.
• Management of premises holding promoted events represented by Mike WELLER – Designated Premises Supervisor (DPS) from the CORONET in Southwark.
• City of London Police Licensing Unit represented by Licensing officer John HALL
• Metropolitan Police Service, Clubs and Vice unit (CO14) represented by Adrian STUDD member of the senior management team at CO14, Thomas BOWEN, Form 696 team lead at CO14 and Christopher PELLETT, CO14 Analyst.
• Southwark Police Licensing Unit represented by Stephen McNALLY who introduced Form 696 in Southwark in 1999.

Local Authorities Coordinators of Regulatory Services (LACoRS) were invited but gave their apologies for the date not being convenient.

Key areas of concern that were identified:

• The definition used for the event when a Form 696 needed to be completed was too broad.
• Clear examples of the evidence linking live music events to gun and knife crime and the most serious violence are needed.
• Some questions on the Form 696 added little value and were disproportionately bureaucratic to complete.
• If the use of the risk assessment process and Form 696 is made a condition on a premises licence it could make it less likely that the particular venue would continue to hold events.

As a result of the meeting Clubs and Vice took away four actions:

• Analysis of data to be conducted regarding music events to identify clear links to crime and disorder.
• Conduct a review of data requested on the Form 696.
• A need to look at a revised definition of a significant event for the MPS.
• To consider the use of the risk assessment process as a licensing condition its inclusion in local authority licensing policies.

8. The consultation included the MPS Directorate of Information and Information Commissioners. Whilst the collection, storage and destruction of the information was satisfactory it was recommended that an additional information sheet was included that explained the data provisions fully. This is complete.

9. Greater London Authority (GLA) office of Arts and Culture
In May 2009 the Head of Clubs and Vice met with the office of Arts and Culture and sought feedback from them on the Form 696. Their concern was that the use of the Form was too wide and not specific towards its aim. This has been addressed in the recent consultation.

10. MPS Diversity directorate
MPS ‘Diversity and Citizen Focus Directorate’ advised that wider consultation with Youth Groups, LGBT IAG, and other IAG should be undertaken and that an open community meeting should be held.

11. Feedback Questionnaire
In August 2009 a feedback questionnaire was circulated by e-mail to all 270 users of the risk assessment process and Form 696.

12. Presentation to Journalists
In September 2009 Detective Chief Superintendent Martin the head of Clubs and Vice, held a press conference with a number of journalists to clearly communicate the risk assessment process and deal with the misinformation that has been circulated.

13. On 7 September 2009 John Nobleman, Deputy Chair of the TRIDENT IAG expressed his support for the risk assessment process and form 696 on the James Whale show on LBC radio.

14. The second consultation group meeting was held at the DCMS on 8 September 2009. All previous attendees were invited.

Present were

• Thomas BOWEN (TB) - CO14 Clubs and Vice
• Adrian STUDD (AS) - CO14 Clubs and Vice
• Stephen McNALLY (SMc) - MPS MD Licensing
• Dominique CZOPOR - (DC) Independent Promoter Network
• Horace TRUBRIDGE (HT) - Musicians Union
• Dave WEBSTER (DW) - Musicians Union
• Dian BAXTER (DB) - Musicians Union
• Steven MAHON (SM) - Promoter Coordinator in London
• Chris STRAFFORD-PIPER (CS) - City of London Police (COLP) Licensing Unit
• Pat CROWLEY (PC) - LB of Chelsea and Kensington Licensing Authority
• Paul NICOL (PN) - Department for Culture, Media and Sport (DCMS)
• Emily SCANTLEBURY (ES) - Local Authority Coordinators of Regulatory Services LACOR

15. The review of the Form 696 and the recommendations from the review were discussed.

Table 1 - Recommendations from the review of the Form 696

No.	Recommendation	Action	Completed date.
1	696 to remain as key tactic.	Commitment to continue use of 696 given by Ch. Supt. Martin to MPA on 10 September 2009.	8 September 2009
2	Change current wide definition of a significant event to set of guidelines.	Definition now removed, consultation continues with Musicians Union on new form of words. 9 October 2009	12 October 2009
3	Ensure the voluntary nature of the 696 is clear, unless a licence condition.	New front page of Form 696 includes details on when to use the form and that the Form is voluntary unless attached as a condition of the premises license.	12 October 2009
4	Ensure MPS licensing officers are trained in use of 696	Training package is to be finalised on 20 October 2009 with Link Supt responsible for licensing. Training will be delivered to South licensing officers on 21 October 2009 and to the North licensing officers on 06 November 2009.	Ongoing
5	Scrutiny panel of ‘critical friends’ reviewing completed 696s	Trident IAG have agreed to chair such a panel. 10 September 2009. MPS Diversity Citizen Focus Directorate is currently working to identify individuals from LGBT IAG and Youth forum with interest to Form 696.
6	CO14 to develop centralised system for monitoring use of 696	Data collection is to be expanded to include monitoring voluntary use of the Form and its use for live music events.
7	696A feedback form to be quality assured	Working party established by DS Bowen 9 October 2009. Working party met on 9 October 2009 and agreed a proposal to be circulated to all interested parties for consultation by Friday 23 October 2009.
8	Requirement to provide music style on 696 to be removed.	Now removed from 696.	8 September 2009
9	Use of 696 to remain voluntary unless adopted as a condition on the premises licence.	CO14 have no intention to make the use of form 696 compulsory, neither are there currently any provisions under legislation to allow blanket conditions.	8 September 2009
10	Revised 696 to be available to anyone who wishes to use it.	Revised 696 has been evaluated by key stakeholders and is to go live on Friday 16 October 2009.
11	Current 14 day submission period to be retained.	In order to allow sufficient time to research form 696 the 14 day period will remain.	8 September 2009
12	Requirement to provide telephone number of artists to be removed from form	Requirement removed from current draft of form.	8 September 2009
13	Cover page to be added to 696 with advice on data protection etc.	Cover page added explaining use of information.	8 September 2009

16. The reviewed Form 696

After consultation the following are the changes made to the Form 696.

A. (Page 1) Front page has been added to be provided to all persons disclosing their personal details. The front page makes it clear that the use of the Form is voluntary unless it is attached as a condition on the premises license. The reasons for completing the form and how the information is handled is also stated.

B. (Page 2) The second page reiterates that the use of the form is voluntary. Sentences and words that may be misinterpreted to suggest that the form is mandatory have been removed. For example before the review the first sentence was, “This Form MUST be completed by the licensee in consultation with the promoter.” Feedback during the review felt the sentence was strong and misleading.

C. The reviewed Form starts with two monitoring questions. This is because during the review key stake holders stated that they would like the MPS to monitor the voluntary use of the Form 696 and its use for live music events due to their concerns that the Form suppresses live music and that its use is mandatory.

D. The definition historically used by police when a Form 696 should be used has been replaced with guidance that is now clearly written before personal details are requested on the reviewed Form.

E. On the last section of page 2 the request for music style has been removed. It was concluded that requesting the music style was at best unnecessary and at worst had potential to be perceived as racially discriminatory.

F. (Page 3) The form now specifically requests personal details of DJs, MCs and featured artists. Representatives from Musicians Union highlighted that persons attending a live event will be attending to see the main artist and not the band members and therefore requesting details of the drummer for instance was unnecessary and that only personal details of the featured artist would provide any information of that artist’s likely following.

G. The contact telephone numbers request has been removed on the reviewed Form. It was accepted that the telephone number was useful but unnecessary for an intelligence assessment. The name and date of birth was agreed necessary to cross-reference with police systems and addresses is needed to confirm the identity of individuals.

H. (Page 4) The last question on page 4 of the original form was, “Do you have other knowledge of the acts or crowds attending that would need special considerations to be made to limit crime and disorder (e.g. problems at previous venues, the make up of the patrons, whether they are local or are expected to travel from long distances to the event, etc.)? “ has been condensed and the ‘make-up of patrons’ reference has been removed as it was felt its inclusion could be perceived as potentially racially discriminatory .

17. The changes made to the Form have been agreed by all key stakeholders except for UK MUSIC who have not responded to request for feedback.

The MPS are confident that the changes will not hinder the overall objective of the Form to complete an intelligence risk assessment of promoted events and will continue to work with its partners to monitor the impact of the changes.

18. Update members on the current application of the Form / monthly numbers and general details of application.

19. The use of the form is voluntary unless it is a condition on a premises licence for any person holding a promoted music event.

20. There are three ways for a premises to have the form attached to their licence as a condition -

1. On application for a new licence or a full variation, Licensing Authorities grant the application subject to such conditions as are consistent with the operating schedule submitted by the applicant. (The operating schedule must state what steps will be taken to promote the licensing objectives).
2. On application for a new licence or a full variation, where relevant representations have been made.
3. On review. Interested parties (such as local residents) or responsible authorities (such as the police) can apply for a review, which may result in conditions being imposed on the premises license.

21. MPS Clubs and Vice Unit Licensing Focus Desk have been collating data on its use since 2007 including “music type” at the events.

22. After the review of the form in September 2009 the Clubs Focus Desk will monitor its voluntary use and its use for live music events. They will cease to monitor its use for the “music type” as this was removed during the review.

23. Between 1 January 2009 and 30 September 2009 the Clubs Focus desk received 1595 submissions within the MPS for all music types. Ranging from 20s rock, 50s music, 60s music, 90s pop, commercial pop, Hip hop, Bashment, House music, Bollywood music, commercial electro music and many more.

• 1499 were from night clubs
• 85 were from bars that double as a club at night.
• 8 were from a pubs
• 3 were for large arenas i.e. Earls Court.

24. Of 1595, 62 were cancelled. The main reason for cancellation of an event was that the promoter, the act or the management simply cancelled the event for business reasons.

25. Only 10 events were voluntarily cancelled by the management of the premises in consultation with the promoter and the police for fear of crime and disorder. No events were cancelled by police using information arising from Form 696.

Of the 10 events that were cancelled:

• 5 were cancelled in Lambeth of 161 events assessed;
• 1 in Westminster of 462 assessed;
• 1 in Croydon of 243 events assessed;
• 1 in Hackney of 127 events assessed;
• 1 in Newham of 19 events assessed
• and 1 in Greenwich Borough of 243 events assessed.

26. The use of the form in 2009 confirms that it is predominantly used for “Club nights” and that it does not impact on live music. The revised form will allow the MPS to monitor its voluntary use and its use for live events.

C. Race and equality impact

The decision to use Form 696 continues to be for the management of the premises to decide unless it is required as a condition on an operating license by a local authority. The recommendations within the review provide an open and transparent process. This is reflected in the consultation that has been undertaken for the Equalities Impact Assessment.

D. Financial implications

There are no financial implications arising from this report.

E. Legal implications

1. The MPS considers Form 696 to be an effective tool to assess risk and prevent crime and disorder.

2. Although the form is voluntary, the decision to adopt the risk assessment scheme by a Licensing Authority as a requirement of their licensing policy is a decision for the Licensing Authority itself. It is not considered that this would contravene the requirements under the Licensing Act 2003, and it is envisaged that it would promote the licensing objectives under that Act.

3. Any information that is provided to the police on Form 696 for policing purposes will be managed in accordance with the principles set out in the Data Protection Act 1998.

F. Background papers

• None

G. Contact details

Report author(s): Chief Inspector Adrian STUDD CO14, Clubs and Vice. Contact telephone number 0207 321 7752

For information contact:

MPA general: 020 7202 0202
Media enquiries: 020 7202 0217/18

Abbreviations

• EIA - Equalities Impact Assessment
• IAG - Independent Advisory Group
• DCMS - Department of Culture, Media and Sport
• MU - Musicians Union
• DPS - Designated Premises Supervisor
• LACoRS - Local Authorities Co-ordinators of Regulatory Services
• GLA - Greater London Authority

Send an e-mail linking to this page

Feedback