Charging for policing of events - update report

Report: 7
Date: 3 February 2006
By: Commissioner and Treasurer

Summary

This report provides Members with a further update to that provided to this Committee on the 7 October 2005 in respect of how the thirteen recommendations adopted by this committee at its meeting on the 19 July 2004 are being progressed. This report deals with the further clarification requested by Members at the meeting on the 7 October 2005.

A. Recommendations

That the Committee receive the report

B. Supporting information

Introduction

1. On 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

and asked that the Committee should 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. A report presented to the Co-ordination and Policing Committee meeting on the 7 October 2005 took Members through the recommendations from the report of the 19 July 2004 and commented, as appropriate, on the progress to date on each in turn.

4. Members noted the report but asked for a further update in respect of a number of points that were raised by Members during their discussions on the report. The points that were raised are detailed below:

• Clarification sought regarding legal liabilities being with a promoter of an event and limited liabilities with the MPS.
• Clarification on whether the Caribbean Showcase event held in Hyde Park alongside the Notting Hill Carnival had resulted in an additional financial burden to the MPS.
• Further details on the charging for the policing of local events.
• Information about the effects of the introduction of the ‘Licensing Act 2003’ which came into force on the 24 November 2005.

Clarification on issues surrounding legal liabilities in the policing of events

5. The Commissioner may be held vicariously liable for the torts of his officers, for example, in wrongfully arresting and/or assaulting members of the public and, in certain circumstances the negligence of his officers. The Commissioner is also under a duty, similar to that of an employer, to take reasonable care for the safety of his officers. The Metropolitan Police Authority has the ordinary duty of care of an employer in relation to the police staff employed by it.

6. The Commissioner may be prosecuted under the Health and Safety at Work etc. Act 1974 for failing to ensure, so far as is reasonably practicable, the health, safety and welfare at work of his officers, as well as others affected by the conduct of the MPS.

7. The organiser of an event owes similar duties, including duties under the health and safety legislation, to its employees and to those attending its events.

8. There is no reason, in principle, why the Commissioner and the MPA should not be able to seek to be indemnified by event organisers against liability to members of the public injured in the course of providing special police services. However, such an indemnity would not prevent a member of the public pursuing the Commissioner or the MPA for damages and if the organiser of the event failed, for any reason, to indemnify, the member of the public would still be entitled to any damages from the Commissioner or the MPA.

9. If the extent of the indemnity sought were exorbitant there would be a risk that the court would hold it to be void as being contrary to public policy. For example, the court would be likely to be reluctant to enforce an indemnity clause that had the effect of requiring an organiser to indemnify the police against claims arising out of deliberate unlawful action by police officers.

10. Event organisers may simply refuse to agree to indemnity clauses that they consider to be too onerous.

Clarification sought in respect of the policing of the Caribbean Showcase event

11. MPS Finance Services have undertaken research to establish the estimated cost of policing the Caribbean Showcase in August 2005. This research has revealed that the estimated cost was £7,332 of which £864 was additional in respect of overtime and operational feeding. A total of 16 police officer and 12 police officer shifts were dedicated to this operation.

12. It should be noted that the Caribbean Showcase was an event which ran in tandem with the Notting Hill Carnival (Carnival) and as such the above deployment was included as part of the overall deployment for the policing of the Carnival 2005. The estimated cost of policing Carnival 2005 will be reported to the MPA Finance Committee as part of the regular annual report on the cost of policing Public Order events to the Authority on the 16 February 2006.

Further Details on the charging for policing of local events

13. In the report to this Committee of the 7 October 2005 a distinction was drawn between those events that were commercial in nature and those that were charitable, community or statutory.

Commercial Events

14. In respect of commercial events, there was reference to recommendation 4 of the Treasurer’s paper of the 19 July 2004. This recommendation proposed that the MPS should identify criteria to allow exemption from or abatement of charges for commercial events for approval by the MPA. Two criteria have been proposed, the first being in respect of local arrangements whilst the second involves the attendance of a ‘Protected Person’. The report of the 7 October 2005 provides full details on the issue of ‘Protected Persons’.

15. When discussing local arrangements, the emphasis for exemption from or abatement of charging for the policing of commercial events will be low level de minimus events. A decision may be made to not charge the event organiser for the deployment of a small number of police officers to police the event. Instead the MPS receives benefits such as the attendance of MPS staff attending a particular commercial conference to the value of what would normally have been charged to the event organisers at the conference for the provision of special services of police.

Community/Charity Events

16. A greater emphasis on the issue of charging for the policing of local events is considered within the reference to the charging for the policing of charitable and community events that featured as Recommendation 8 from the Treasurer’s report to this Committee on the 19 July 2004. This recommendation indicated that there should be no charging for the policing of bone fide community and charitable events.

17. In the report to this Committee on the 7 October 2005, MPS Finance Services set out the criteria for determining whether charges should be levied for the policing of both community and charity events.

18. In respect of charity events, the criteria 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.
• 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.

19. When deciding on charging:

• 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 1996 (Special Services of Police) is satisfied. Those considering whether to make a charge will need 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.

20. In respect of community events, the criteria 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.

21. When deciding on charging:

• 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.

Information about the effects of the introduction of the ‘Licensing Act 2003’ which came into force on the 24 November 2005

22. Further to the information provided in the report to this Committee on the 7 October 2005, a dialogue has been continued with the Home Office to maintain currency about the progress of the provisions from Part 1 of the Violent Crime Reduction Bill in respect of alcohol related violence and disorder.

23. In the report to this Committee on the 7 October 2005, Members were advised that the Bill provides local authorities with the power to designate, with the consent of the police, a locality as an Alcohol Disorder Zone (ADZ) 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.

24. The latest position from the Home Office is that they are currently consulting with the Association of Chief Police Officers and the Local Government Association over the mechanism for the compulsory national charging formula in respect of ADZs. Once this consultation is concluded, which is expected to be towards the end of January 2006, the wider Home Office ADZ charging formula working group will be reconvened to discuss the charging formula further.

C. Race and equality impact

In the report of the 7 October 2005, this Committee was advised that the MPS’ Diversity Directorate were considering the MPS Procedures on charging for policing of events. They had advised that under the specific statutory duty required by the Race Relations (Amendment) Act 2000, there was a need for the Procedures to undergo a full Equality Impact Assessment given there is a significant section about the appropriateness of charging for the policing of community events.

The Procedures are currently being assessed by the Chair/Vice Chairs of the MPS’ Independent Advisory Groups to request comments about whether, from their perspective, the policy outlined will adversely affect the members of their community.

D. 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 will 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.

E. Legal  implications

Please refer to earlier commentary in the main body of the report in respect of the issues surrounding legal liability in respect of policing of events.

F. Background papers

• Report to Coordination and Policing Committee 19 July 2004 in respect of Charging for Policing of Events
• Report to Coordination and Policing Committee 7 October 2005 in respect of Charging for Policing of Events - Update Report
• Association of Chief Police Officers Guidance on Charging for Police Services dated April 2005

G. Contact details

Report author: Sharon Burd

For more information contact:

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

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