APPENDIX A
(CFO/207/07)
MEMORANDUM OF UNDERSTANDING
BETWEEN
LIVERPOOL CITY COUNCIL
LEGAL SERVICES
AND
LIVERPOOL CITY COUNCIL
BUILDING CONTROL SERVICE
AND
MERSEYSIDE FIRE AND RESCUE SERVICE
AND
EVERTON FOOTBALL CLUB AND LIVERPOOL
FOOTBALL CLUB
WITH RESPECT TO CONSULTATION PROCEDURES ON FIRE
SAFETY MATTERS BETWEEN THE ABOVE PARTIES UNDER –
THE REGULATORY REFORM (FIRE SAFETY) ORDER 2005
THE SAFETY OF SPORTS GROUNDS ACT 1975 (AS AMENDED)
THE BUILDING REGULATIONS
THE LICENSING ACT 2003
DRAFT DATED: 22nd AUGUST 2007
Contents: 1
A. PURPOSE 2
Purpose, aims and objectives 2
Scope of the agreement 2
B. LEGISLATION 2
The Regulatory Reform (Fire Safety) Order 2005 2
The Safety of Sports Grounds Act 1975 3
The Building Act 3
The Licensing Act 3
C. ROLE OF THE RELEVANT SERVICES 4
Licensing Service 4
Building Control Service 5
Merseyside Fire and Rescue Authority 5
D. LOCAL AUTHORITY GROUND SAFETY ADVISORY GROUP 6
E. GENERAL 6
Everton and Liverpool FC 6
Fire Investigation 6
Data Sharing 7
Arbitration process 7
Charging arrangements 7
Review process 7
Commencement date of the agreement 7
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A. PURPOSE
1. PURPOSE, AIMS AND OBJECTIVES
1. The purpose of this document is to record the consultation arrangements on
fire safety matters, within the sports grounds designated under the Safety of
Sports Grounds Act 1975 (as amended) in the City, as agreed between the
City Councils Licensing Service, Building Control Service, Merseyside Fire and
Rescue Service, Everton FC, Liverpool FC and the Local Authorities Ground
Safety Advisory Group.
2. The designated sports grounds in the City are –
Anfield (Liverpool FC)
Goodison (Everton FC)
3. The Licensing Service, Building Control Service and Merseyside Fire and
Rescue Service aim to provide an agreed level of partnership, support and
advice to assist them with ensuring and maintaining a safe building
environment for occupants and fire-fighters.
4. No part of this agreement should be taken as contractual.
2. SCOPE OF THE AGREEMENT
1. This document is limited to the consultation arrangements on matters of fire
safety between the City Councils Licensing Service, Building Control Service,
Merseyside Fire and Rescue Service, Everton FC, Liverpool FC and the Local
Authorities Ground Safety Advisory Group only.
B. LEGISLATION
1. THE REGULATORY REFORM (FIRE SAFETY) ORDER 2005
1. Enforcing authority
The Fire Safety Order under Article 25 cites the Enforcing Authority for the Order
as -
25. For the purposes of this Order, "enforcing authority" means—
(d) the relevant local authority in relation to premises which consist of—
(i) a sports ground designated as requiring a safety certificate under section 1
of the Safety of Sports Grounds Act 1975 (safety certificates for large sports
stadia);
(ii) a regulated stand within the meaning of section 26(5) of the Fire Safety and
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Safety of Places of Sport Act 1987 (safety certificates for stands at sports
grounds);
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district council in the area in which the Sports Grounds are situated.
3. The Local Authority has determined that the Licensing Service shall administer
the requirements of the Order on behalf of the Authority.
2. THE SAFETY OF SPORTS GROUNDS ACT 1975 (AS AMENDED)
1. Both sports grounds are the subject of a General Safety Certificate issued
under the above act.
2. The Licensing Service administers the requirements of the Act on behalf of the
Authority.
3. The Act requires the Local Authority to consult the Chief Officer of Police, Fire
Service and the Building Authority on any application for:- a Safety Certificate,
amendment of a Safety Certificate, transfer of a safety certificate, or, the issue
of a Special Safety Certificate for a designated sports ground.
3. THE BUILDING ACT
1. The above Act requires the Local Authority to consult the enforcing authority
before passing plans deposited under the Building Regulations. However,
under the Regulatory Reform (Fire Safety) Order 2005, Article 45, paragraph 3
(b) states that The duty to consult does not apply where the local authority is
also the enforcing authority. As the Local Authority is the enforcing authority
for sports grounds this has the effect that there is no requirement on the
Building Control Service to consult any party fire safety matters with regard to
Building Regulations applications for sports grounds.
2. The Building Control Service notes this process and considers it does not
promote best practice with regard to fire safety matters. The Building Control
service will, as a matter of best practice, continue to consult the Fire Service
and Licensing Service on all Building Regulations applications for sports
grounds.
4. THE LICENSING ACT 2003
1. Both sports grounds are the subject of a premises licence under the above
act.
2. The above Act cites the Fire Authority as a responsible authority under the Act
and any persons making applications under the Licensing Act with regard to
the sports grounds are required to consult the Fire Authority.
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effectively disapplies fire safety licensing conditions that are or could be
imposed under the Order, in licensed premises.
4. Additionally the Licensing Act 2003 does not allow duplication of regulation. If
an issue can be dealt with under an existing law then it cannot also be made a
condition of the licence.
5. Article 42 of the Fire Safety Order requires that:
a) The licensing authority must ensure that the fire authority has the
opportunity to make a representation before issuing the licence.
b) The fire authority must notify the licensing authority about enforcement
action in licensed premises.
6. These legislative changes mean that if the Fire Authority can reduce the risks
from fire by the direct enforcement action under the new Fire Safety Order
then this will be the preferred approach. It is only when action under the Fire
Safety Order may not be effective and there are clear risks to public safety,
that representation to the Licensing Authority would be made. This would
normally be when the premises are yet to be built or are a construction site
and therefore the Fire Safety Order may not be enforceable until the premises
are occupied.
C. ROLE OF THE RELEVANT SERVICES
1. LICENSING SERVICE
1. As stated the Licensing Service administers the relevant functions required of
the enforcing authority under the Order and any regulations made under it with
regard to sports grounds.
2. The Licensing Service appreciates the expertise of the Fire Service with
regard to all fire safety matters and whilst it acknowledges the Local
Authorities role under the Order, the Licensing Services considers that in order
to promote best practice with regard to fire safety matters it is necessary to
consult the Fire Service with regard to such fire safety matters as it deems
appropriate under –
THE REGULATORY REFORM (FIRE SAFETY) ORDER 2005
THE SAFETY OF SPORTS GROUNDS ACT 1975 (AS AMENDED)
3. The Licensing Service will take due regard to any recommendations provided
by the Fire Service through such consultations.
4. If the Licensing Service are approached by a sports ground occupier or a
designer with regard to proposed alterations to the premises, or become
aware of alterations to the premises which have been carried out and would
have required a Building Regulations application, they will inform the Building
Control Service as appropriate.
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5. If the Licensing Service are approached by a sports ground occupier or a
designer with regard to proposed alterations to the premises, or become
aware of alterations to the premises proposed or which have been carried out
and would have required a Building Regulations application through an
Approved Inspector within the meaning of section 49 of the Building Act 1984,
the Licensing Service will comment on the consultation by the Approved
Inspector as necessary. The Licensing Service notes that it will not be able to
consult with the Fire Service on Building Regulations applications dealt with by
an Approved Inspector.
2. BUILDING CONTROL SERVICE
1. The Building Control Service administers the requirements of the Building
Regulations.
2. The Building Control Service appreciates the expertise of the Fire Service with
regard to fire safety matters and whilst it acknowledges the Local Authorities
role under the Order, the Building Control Service considers that in order to
promote best practice with regard to fire safety matters it will continue to
consult the Fire Service with regard to such fire safety matters as it deems
appropriate under –
THE BUILDING ACT
3. The Building Control will take due regard to any recommendations provided by
the Fire Service through such consultations.
4. If the Building Control Service are approached by a sports ground occupier or
a designer with regard to proposed alterations to the premises, or become
aware of alterations to the premises which may affect matters under the
provisions of the Order, they will inform the Licensing Service as appropriate.
3. MERSEYSIDE FIRE AND RESCUE AUTHORITY
1. The Fire and Rescue Authority administers the requirements of the Order on
all relevant premises other than sports grounds or regulated stands
designated under the Safety of Sports Grounds Act (as amended).
2. The Fire Service acknowledges the Local Authorities role under the Order and
also notes the Local Authorities desire to maintain a consultation process on
fire safety matters at sports grounds between the Local Authority and Fire
Service.
3. The Fire Service accepts the role of consultee to the Licensing Service and
Building Control Service on fire safety matters at sports grounds with respect
to the relevant legislation that those services are operating.
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4. The Fire Service will provide such recommendations (goodwill advice) on fire
safety matters as it considers appropriate.
5. The Fire Service retains the role of enforcement of the Order with regard to the
following -
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Article 37 - T e po iin o fe f hes s i h s frlmio s tb
signs
6. If the Fire Service are approached by a sports ground occupier or a designer
with regard to proposed alterations to the premises, or become aware of
alterations to the premises which may affect matters under the provisions of
the Order, they will inform the Licensing Service as appropriate.
D. LOCAL AUTHORITIES GROUND SAFETY ADVISORY
GROUP
1. It is the policy of Liverpool City Council to uphold reasonable standards of
public safety at the sports grounds noted herein in Liverpool and to encourage
the well being of the public at those sports grounds. To aid this, the Local
Authority maintains a Ground Safety Advisory Group for sports grounds and
partnerships with selected agencies to offer specialist advice to the Local
Authority.
2. The Group acknowledges the changes to the implementation of fire safety
legislation brought about by the Regulatory Reform (Fire Safety) Order. The
Group recommends the consultation procedures on fire safety matters
indicated in this document between the noted parties.
E. GENERAL
1. EVERTON FC AND LIVERPOOL FC
1. Everton FC and Liverpool FC acknowledge the changes to the implementation
of fire safety legislation brought about by the Regulatory Reform (Fire Safety)
Order and the Local Authorities role under the Order.
2. The Clubs recommend the consultation procedures on fire safety matters
indicated in this document between the noted parties and will accept such
requirements or goodwill advice given by any service noted in this document.
2. FIRE INVESTIGATION
1. Merseyside Fire and Rescue Authority will, under the provisions of Section 45
of the Fire and Rescue Services Act 2004, carry out an appropriate level of
investigation into the cause of all fires that occur at either stadium.
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3. DATA SHARING
1. Arrangements will be made to ensure that the sharing of relevant data and
information between Merseyside Fire and Rescue Authority and Liverpool City
Council Licensing Service in relation to unwanted fire signals (false alarms
caused by automatic fire alarm and detection equipment), and incidents of fire
at either stadium.
4. ARBITRATION PROCESS
1. Should there be any instance where the Licensing Service and/or Building
Control Service and/or Merseyside Fire and Rescue Authority initially differ in
view on attaining a method to satisfactorily address the requirements of the
above legislation, then meeting/s will be arranged between the necessary
parties to reach a solution agreeable to them.
5. CHARGING ARRANGEMENTS
1. There are no charging mechanisms involved in the administration of the
consultation processes detailed in this agreement.
6. REVIEW PROCEDURES
1. A review of the procedures outlined in this document may take place as
deemed necessary by any party to the agreement for any purposes they
considered relevant to the fire safety arrangements at the sports grounds.
Should any amendments to the document be required, and then the Licensing
Service will make such amendments as agreed between all parties and issue
a revised document.
2. The procedures will be reported in any case on an annual basis by the Local
Authorities Ground Safety Advisory Group.
COMMENCEMENT DATE OF THE AGREEMENT
Approval
Prepared and
Approved By:
Signature:
Date:
Reviewed By:
Signature:
Date
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