Charging for policing of events – update report

Report: 4
Date: 7 October 2005
By: Commissioner and Treasurer

Summary

This report provides Members with an update on how the thirteen recommendations adopted by this Committee at its meeting on the 19 July 2004 are being progressed.

A. Recommendations

That the report be noted.

B. Supporting information

1. On the 19 July 2004, the Co-ordination and Policing Committee received a report summarising the deliberations and conclusions of the member group set up by the Authority to review policy in relation to charging for policing of events.

2. The report presented a number of recommendations to Members, focused on a number of specific areas namely:

• Charging for commercial events
• Community and charitable events
• Royal Parks Constabulary
• Reducing costs
• Partnership working with football and other sports
• Licensing Act 2003

The Committee should also consider the report of the member group reviewing policy for charging for policing of events and adopt the group’s recommendations therein. The Committee adopted the recommendations with a request that they were provided with an update in a year’s time.

3. This report will take Members through the recommendations and comment, as appropriate, on the progress to date on each in turn. However, where necessary, the report will consolidate responses where there is a clear link between the recommendations.

Recommendations

Charging for commercial events

4. There were a total of seven recommendations recorded against this category.

Recommendation 1: The MPA’s policy should be to recover the full directly attributable costs of policing commercial events in accordance with current statutory powers.

Recommendation 2: The policy should be applied consistently by the MPS. To this end guidance should be produced and disseminated, including a clear definition of a commercial event.

Recommendation 3: The group would suggest that the different categories of events should be defined as set out in paragraph 10 of this report.

5. MPS Finance Services has produced draft guidance on the Charging for Policing of Events. The draft guidance has been produced with the purpose of providing the MPS with clear guidelines:

• Detailing the type of events where charging for the provision of policing services would be appropriate;
• To assist the decision making process on when it is appropriate to charge.

6. It will be disseminated once a number of key milestones have been reached. It has been recognised that the guidance needs to be carefully drafted to ensure that it allows for decisions to be made about charging in accordance with current statutory powers.

7. Additionally, there is a need to fully consult with the wider Service to ensure that the guidance is reflective of key stakeholders’ views (Boroughs/ Public Order OCU/ Diversity Directorate/ Directorate of legal Services) so that, once published, the Service will be able to use the guidance with confidence.

8. A number of versions (currently draft version 4) of the guidance have been already produced as the canvassed views of the key stakeholders have been received. A number of outstanding issues remain principally around the need to have the guidance taken through a full Equality Impact Assessment (EIA) . It has to be assessed within the framework of an EIA in order to comply with the specific statutory duty set out in the Race Relations (Amendment) Act 2000. These issues will be explored more fully later in this report when commenting on specific issues under the recommendation in respect of community and charitable events.

9. The draft guidance takes a comprehensive approach to the process providing the user with a process which will give them:

• Clear direction as to the type of information event organisers will be required to provide to allow for clarity about the type of event that is be held.
• Definitions of the categories (Statutory, Commercial, Charity and Community as set out in paragraph 10 of the report to the MPA of the 19 July 2004) within which each event will need to placed.
• Authority to make a decision to charge at a BOCU level where information provided by event organiser allows for a clear appreciation of the type of event that is to be policed.
• Protocol directing BOCUs to contact MPS Finance Services for decision, after advice from Directorate of Legal Services and/or, in certain circumstances Management Board/MPA, about charging for policing of an event where BOCUs have concerns about the appropriateness of charging for the policing of a specific event.
• A process to allow the consistent application of the MPS’s policy on charging for policing of events whereby all BOCUs would be informed of decisions taken by the Centre in respect of charging for an event. This will provide historical precedent that can be referred to when faced with the decision about a future event with similar arrangements.
• The necessary steps for dealing with event organisers who are dissatisfied with a decision to charge them for the policing of event.
• A facility allowing the user to develop special service agreements with event organisers for those events that are held on a regular basis.

10. The basic premise in the guidance is that charges are levied under Section 25 of the Police Act 1996 for the provision of special police services at the request of any person. Such services should be delivered at no cost to core policing budgets and there should be therefore by full cost recovery pursuant to Section 25.

Recommendation 4: Within the policy, exemption from, or abatement of charges for commercial events should only be allowed on the basis of pre-determined criteria recommended by the MPS and agreed by the MPA.

11. Paragraph 35 of the draft guidance sets out the mitigating circumstances that allow for an abatement to levy a charge for policing of commercial events. The mitigating circumstances are:

• Local Arrangements – In some cases the MPS can make local arrangements where no actual charges are levied for the deployment of police resources at an event as the MPS receive other benefits from the organisers e.g. if MPS staff are attending a particular conference/function free of charge or if the MPS staff are given free access to facilities.
• Protected Person [1]
  • Where there is a commercial event at which a “protected” person attends, there may be a requirement for the MPS to ensure the safety of the individual, and as this is considered to be core policing, there would be consideration given to there being no charge for the policing of the event.
  • However, any consideration given to abating the charge for the policing of an event would need to be considered in light of the information available about the ‘protected person’ (i.e. Royalty and Diplomatic Protection involvement in the personal security of the individual at the specific event) and the nature of the event (i.e. film premieres, concerts etc.) that the individual is attending.
  • When the principal reason for the policing deployment at an event is in respect of a “protected person”, then there should be no charge, as this would be perceived to be core policing.
  • However at an event that is commercial in nature and where police would normally charge for the policing service provided section 25 of the Police Act 1996 is satisfied, then in the event of a recognised ‘protected person’ attending, the charge upon the event organisers would be abated for that part of the policing which is directly related to the extra security put on for their personnel security.
  • If there is any concern about whether such an abatement should be allowed, users of the guidance will be advised to approach Finance Services for advice and direction.

Recommendation 5: All charges should in accordance with the scales of charges agreed from time to time by the MPA’s Finance Committee but significant increases should be phased in over an appropriate period.

12. The charges for special services of police levied upon event organisers are those agreed from time to time by the MPA’s Finance Committee. The current charges for special services of police were approved at the MPA Finance Committee on the 20 January 2005. The current charges include an overtime premium, adopted from a suggestion from the ACPO guidance on Charging for Police Services, but its full affect has been mitigated, as it will be phased in over three years.

Recommendation 6: The MPA should press ACPO to conclude their current work on charging and publish definitive guidance as soon as possible.

13. The ACPO guidance on Charging for Police Services was presented to the Chief Constables’ Council on 14 April 2005 and endorsed by the same group on that date. On the 27 June 2005, the guidance was promulgated to all Chief Officers of Police in England and Wales.

14. During the development of the ACPO guidance, there was consultation between the author of the ACPO guidance  [2] and MPS Finance Services and aspects of the ACPO guidance reflect outcomes from the work of the MPA member group including the use of the same definitions for the categories of events.

Recommendation 7: Recovery of policing costs outside commercial event venues should be pursued where the costs are significant, there is no clear payback into the community and charges can be negotiated with event promoters, as currently with film premieres.

15. The draft guidance provides direction in a number of ways:

• It provides examples of the type of events that can be considered to be commercial events including film premieres and music concerts/festivals. Film premieres are events where currently the MPS will charge for the policing resources deployed outside of the premises, as much of the policing deployment is concentrated on traffic and crowd management rather than any specific policing requirement actually inside the cinema.
• The guidance quotes advice provided in the ACPO guidance on Charging for Policing of Services, promulgated to all Forces on 27June 2005. The advice refers to elements that need to be acknowledged by police forces in respect of policing of an event and the supply of special police services. Safety is one aspect, but there is also the important secondary element of the potential impact on crime and disorder and, in some cases traffic management, occurring within the community, as a result of an event.
• There is also a section in the MPS guidance which details legal advice from the Directorate of Legal Services that states where there is an exceptionally well attended event which causes traffic congestion as well as crowds outside the immediate vicinity of an event, a Court, reviewing a decision by the police to charge for the policing of such issues, will readily hold that the policing of the surrounding area in relation to the management of traffic and pedestrians form part of the special police services provided at the request of the organisers.

16. However, there are occasions when private commercial events held on private premises that can attract a large number of people. These can be very expensive to police and place a very large drain on the resources of the MPS.

17. The advice from the Directorate of Legal Services, in respect of such events such as the Defence Systems and Equipment International (DSEI) Exhibition held every two years in Docklands, is that it would not be appropriate to suggest to an organiser there is a prospect of declining to police the locality at all if payment is not made. It would be usually sensible to warn the organiser of the risk of disorder and/or crime arising out of the event and to make clear that the disproportionate cost of policing the event both in terms of money and in terms of personnel resources, mean that it cannot be guaranteed that the locality can be properly policed unless special police services are requested, provided and paid for pursuant to section 25 of the Police Act 1996.

18. Legal Services add that if such event organisers refuse to pay, there is little the MPS can do except properly police the locality in response to the risk of crime and disorder arising out of the presence of a large number of demonstrators.

19. MPS have approached the organisers of DSEI to discuss with them the possibility of them making a contribution toward the policing of this event. These discussions are still ongoing although the organisers have indicated that they will not be making a contribution. As a result of this decision, the Commissioner has written to the Secretary of State for Defence indicting that if the DSEI event is held in London in 2007, then the MPS will be pursuing full cost recovery of all associated police costs.

Community and charitable events

Recommendation 8: The MPA should adopt as policy the current practice of the MPS that community and charitable events (as well as statutory events), as defined in paragraph 10 of the MPA report of the 19 July 2004, are not charged for policing costs. ACPO should be informed that this is the MPA’s policy so that it can be taken into account when finalising their guidance on charging.

20. The MPS has developed the policy of not charging for policing of events to ensure that only those events that are categorically either community, charitable or statutory will the policing costs be abated. ACPO have been advised of the MPS stance but have not changed their approach set out in their published guidance where there is no automatic waiver of a charge for the policing of an event in respect of those events which are acknowledged as being true charitable or community events.

21. The draft guidance the MPS is producing covers the question of not charging for charity and community events in some depth. It explores circumstances where the MPA policy may not be adhered to especially where there is clear evidence that such events although they fall under the mantle of charitable or community but which evidence indicates that the event is wholly or in part commercial in nature.

22. In respect of charity events, the draft guidance details charity events falling into three distinct areas:

• ‘Pure’ charitable events where a significant proportion of the proceeds is directed towards the aims of the charity.
  Ÿ Charitable events where a significant proportion of the proceeds is directed towards the aims of the charity but which contains commercial activities, at the venue, such as corporate hospitality where sponsors of charitable events may gain a commercial benefit (i.e. publicity) and/or extensive commercial for profit activity by exhibitors/traders invited to the event.
• Events which are organised solely by commercial organisations but which have indicated that there will be a contribution to a charity/charities from the events.

23. When deciding on charging, the draft guidance informs users:

• There should be no charge for ‘Pure’ charitable events
• That where there is corporate hospitality from which commercial participators realise commercial benefit (i.e. publicity) and/or extensive commercial activity by exhibitors etc., the MPS will only charge for these commercial activities if section 25 of the Police Act is satisfied. Those considering whether to make a charge will need to work through the criteria set out in the draft guidance in order to decide whether section 25 is indeed satisfied. If it is not, then regardless of the commercial activities carried on at the event, no charge can be made.
• That a charge should be made for the full cost of the provision of the special police services at an event organised solely by commercial organisations, with no discount despite there being a donation to charity from the proceeds. Users of the guidance have been further directed that police costs would need to be met by event organisers before any donation is made.

24. In respect of community events, the draft guidance details such events falling into two distinct areas:

• Planned community events where the organisers will have formally applied to local authorities, along with other agencies such as the police, ambulance service etc. as such events have to be assessed in respect of public safety before local authorities would allow the event to proceed.
• Events not specifically linked to a particular local community.

25. When deciding on charging, the draft guidance informs users:

• There should be no charge in respect of planned community events because of the contribution made toward community life within London.
• If it is established that an event not specifically linked to the local community is in reality carried out with a view to profit, either of the organisers or of those connected with the organisers, and where charging is possible under Section 25, the event organisers should be charged for the full cost of providing special police services.

Royal Parks Constabulary

Recommendation 9: Charging for policing events in the royal parks will need to be aligned in due course with MPA/MPS policies and practice.

26. This recommendation has been fully adopted by the MPS. As part of the process in producing the draft MPS guidance, MPS Finance Services have approached operational colleagues at BOCUs including the Royal Parks OCU, now an integral part of the MPS and therefore required to adhere to MPS/MPA policies and practice, to ensure the guidance is representative of the views of operational colleagues.

Reducing costs

Recommendation 10: The MPS should identify and pursue proactive measures to reduce the level of policing required at events of all descriptions, consistent with maintaining public order and safety. Particular opportunities should be taken forward with the football authorities and clubs to improve the effectiveness of crowd control inside and outside stadia.

Recommendation 11: The MPA should support ACPO’s work towards reducing policing costs of football, including seeking clarification of the current legal position.

27. The MPS have been working closely with the football authorities as part of the partnership working with football to enhance the current stewarding packages that have been launched by the football authorities in 1999 namely the Football Stewarding Association – football’s own national stewarding award. This work is ongoing with the objective of empowering football clubs toward further opportunities to use their own stewards for crowd control inside and outside stadia thereby allowing for reductions in police deployment.

28. ACPO recently agreed a standard scale of charging methodology, which will ensure clubs are charged at a consistent level wherever they are, across the country.

Partnership working with football and other sports

Recommendation 12: The MPA and MPS should work in partnership with the football authorities and clubs to develop effective youth inclusion programmes in order to impact positively on future football crowd behaviour. In the meantime the issue of charging for policing outside football grounds should be held in abeyance.

29. The MPS Youth Team, part of the Safer Neighbourhood Unit, and MPA have been actively working with the three football bodies, the Football Association (FA), FA Premier League and Football League to develop a long term project of youth diversion and social inclusion across the thirty two London boroughs. The project now has organisational structure and a full time project manager. The FA and FA Premier League (FAPL) have committed £25,000 each towards set up costs and the MPS have supplied the Project Manager and related costs.

The aim of the project is to use the 12 football clubs across 32 London boroughs to provide 1,500,000 opportunities for young people per year.

30. Model: The decision has been made after much discussion to adopt a very simple model to ensure widespread compliance. It is likely to take the following form: Crime and Disorder Reduction Partnership (CDRP) identify geographical area, club coaches provide football sessions to young people in the area either on estates or on local facilities. As schemes grow within the borough and in neighbouring boroughs this will grow to include estate leagues. There will be opportunities for Youth Offending Teams (YOT) to use the schemes as an avenue for reparation orders etc. This model will also serve as an exit route from other existing youth diversion/inclusion schemes and will provide avenues of referral in and out as appropriate. The target group will be primarily 11-18years but not exclusionary and will aim at the middle section of Prevent and Deter triangle, young people at risk of criminality through social circumstances.

31. Referral will be both self and agency with front line officers from Safer Neighbourhood (SN) officers, Anti-Social Behaviour Team, YOT actively encouraging participation. Links with local Youth Inclusion Support Panel to ensure intensive targeting group are fed in. The project will be supported by local SN officers, in attendance where possible.

32. Research has shown that there are many football diversion schemes that operate across the Capital with varying levels of capacity and success. They all share the common goal of providing young people with the opportunity to be engaged. Many of these projects suffer from short term funding issues which in turn leads to difficulties in the retention of staff and such issues. What this project hopes to achieve is the ability to attract long term funding that will create confidence in both the communities and the staff and thereby lead to longevity and results.

33. Pilots: Two on-going projects have been selected as ‘pilots’, these are schemes operated out of Brentford and Charlton Football clubs. External evaluators have been appointed and the first evaluation will complete at the end of September. From this it will be possible to create the model and toolkit upon which similar schemes across the MPS will be based.

34. Rollout: Funding dependant there will be an initial roll out of a basic model to 12 boroughs using all 12 clubs. Over that year there will be gradual increase in the number of schemes per borough up to four per borough. We aim eventually to roll out 128 schemes in total.

The remaining boroughs will be rolled out as funding allows.

35. As boroughs roll out, look to increase depth of original boroughs into more complex phases to encompass learning and employment opportunities although these opportunities may be available through existing football schemes and, where they are, will be encompassed sooner.

36. The first 12 boroughs will be identified by assessing MPS priorities primarily coupled with geographical territories of clubs to ensure full participation. It is aimed, where appropriate, to tie in these project areas with Safer Neighbourhood wards to maximise impact although the location of each scheme will be decided in consultation with the relevant CDRP.

37. Branding: An agency has been identified and commissioned to design a logo and brand. They will be working with young people from across the MPS designing logo and name. The FA bodies have greatly assisted in this by providing incentives and facilities at the new Wembley Stadium.

38. Funding: In order to fund this project the team is examining opportunities of both commercial and public funding: There are clear challenges along the route of commercial funding as all football bodies have contractual agreements in place with many existing sponsors.

39. Media: The media officers from the football bodies and the MPS are due to meet in the coming weeks to prepare a media strategy and if necessary joint statement to interested parties. They will work together on promotion and marketing as project develops. FAPL may take the leading role.

40. Contractual Agreements: Now aims and basic model have been agreed MPS will take the lead in drawing up Service Level Agreements and Memorandum of Understanding between all relevant bodies.

41. Youth consultation: to begin in September when draft model created. The GLA will be involved in this aspect as they already have established a good network and routes to youth engagement.

Licensing Act 2003

Recommendation 13: The MPS should monitor the impact of the Licensing Act 2003 and if police costs escalate open up discussions with licensees at local level about possible remedies including charging, and, with the support of the MPA, re-open discussions with the Home Office about a change in the law to enforce financial contributions. At the same time licensees should be encouraged to see the value of good public order around their premises with the MPS being prepared to impose penalties as allowed under the legislation.

42. The Licensing Act 2003 is in the process of being implemented. One benefit from the introduction of this Act is that it forms a key part of the Government’s strategy for combating alcohol related crime and disorder and anti social behaviour. With this in mind the Government introduced the Violent Crime Reduction Bill in Parliament in June 2005. Part 1 of this Act relates to alcohol related violence and disorder.

43. Chapter 2 of Part 1 of this Bill provides local authorities with the power to designate, with the consent of the police, a locality as an alcohol disorder zone where there is a problem with alcohol related nuisance and disorder. Local authorities would have the power to impose charges on holders of premises licences if they did not implement an action plan to address the problem. The charges would be levied at a nationally set rate, reflecting the cost of a typical basket of initiatives, which could be used by local authorities to tackle the problem. The designation would be subject to three monthly review of its appropriateness.

44. The Home Office is keen to look at the detail of the Bill’s provisions and the key issues in respect of alcohol related violence and disorder. It has invited a number of key stakeholders from local authorities, licensing industry, police organisations including the Association of Chief Police Officers (ACPO) and Superintendent’s Association to attend meetings to inform the content of draft regulations and help scope the written guidance and other support required for successful implementation.

45. Representatives from the MPS have been invited to assist with ACPO’s involvement in the Home Office process. This includes the development of the compulsory national charging formula in respect of alcohol disorder zones and the administration of this charge.

46. This national process for the imposition of compulsory charges upon the licensees of premises appears to be in keeping within recommendation thirteen.

C. Legal implications

The advice of the MPS Directorate of Legal Services has been sought in respect of the development of the MPS guidance on charging for policing of events. This has ensured the guidance presents the correct legal position as to when it is appropriate to charge for the policing of events in accordance with current statutory powers (i.e. Section 25 of the Police Act 1996).

D. Race and equality impact

1. As indicated earlier in the report, the MPS’ Diversity Directorate was approached to consider the charging for policing of events guidance. They have advised that under the specific statutory duty required by the Race Relations (Amendment) Act 2000, there is a need for it undergo a full EIA (EIA) given there is a significant section in the guidance about the appropriateness of charging for the policing of community events.

2. Diversity Directorate are developing MPS Corporate EIA guidance that, once adopted, will provide a way to assess the potential impact of proposals on our staff and the public. This includes such initiatives as consultation with a wide range of internal and external sources. In respect of the charging guidance, Diversity Directorate have advised that the MPS’ Independent Advisory Groups are key partners to review the impact our proposals may or may not have on diverse groups.

E. Financial implications

The current annual income for policing commercial events mirrors that of the estimate indicated in the report to this Committee on 19 July 2004 of £4.1 million. This figure is expected to increase once the MPS guidance for charging for policing of events is promulgated to all Borough Command Units, Public Order Command Unit etc. No income is currently received in respect of charitable and community events and a policy of not charging in respect of bone fide charitable and community events will therefore have no impact on the Authority’s budget.

F. Background papers

None

G. Contact details

Report author: Sharon Burd and Pat Collins, MPS.

For more information contact:

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

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