FLA - Statutory Remit

The Statutory Remit


Introduction

1. The Football Licensing Authority (FLA) was established in July 1990 under section 8 of the Football Spectators Act 1989.

2. The FLA is an independent non-departmental public body based in Central London. It is funded by payment of grant-in-aid by the Department for Culture, Media and Sport. It employs a small administrative staff (6) and an Inspectorate (9). The current Chairman is Mr Clive Sherling.

3. Supplementary provisions relating to the status, constitution and organisation of the FLA are contained in schedule 2 to the 1989 Act.

Role

4. The original purpose of the FLA was to implement the Football Membership Scheme proposed by the Government in the wake of the Heysel Stadium disaster. However, the scheme was shelved following the publication of Lord Justice Taylor's Final Report on the Hillsborough Stadium Disaster. The FLA was instead asked to take the lead in ensuring the implementation of certain key Taylor recommendations concerning safety at football grounds, in particular:

a. operating a licensing scheme for grounds at which designated football matches are played;

b. advising the Government on the introduction of all-seated accommodation; and

c. keeping under review the discharge by local authorities of their functions under the Safety of Sports Grounds Act 1975.


5. As a result of the review of the all-seater policy which followed the transfer of responsibility for the FLA from the Home Office (its original sponsor Department) to the then Department of National Heritage, a fourth task was given to the FLA:

d. ensuring that any standing accommodation which is retained at Second and Third Division clubs of the Football League meets the necessary safety standards.


6. The powers and duties of the FLA are determined in Part 1 of the 1989 Act.

 

Objectives

7. The FLA's objectives are to:

a. bring about the reasonable safety and management of spectators at Premiership, Football League and international grounds in England and Wales, in particular through:

i. local authorities setting and enforcing such terms and conditions as are necessary and reasonable in safety certificates; and

ii. clubs taking full responsibility for managing safety at their grounds to a reasonable standard;

b. implement Government policy on spectator accommodation through:

i. Premiership, First Division, international and, where possible, lower division grounds becoming all seated; and

ii. any terracing retained at Football League grounds meeting the prescribed standard; and

c. to deploy the experience and expertise of the FLA to best effect, in particular by:
i. providing the Government and, where appropriate, other bodies with advice and assistance on football policy and safety issues.

 

The licensing scheme


8. The 1989 Act requires the FLA to issue licences for football grounds which are used for matches designated under that Act. A designated match is defined as any association football match which is played either at Wembley Stadium, the National Stadium in Cardiff or at a sports ground in England or Wales which is registered with the Football League or the Football Association Premier League as the home ground of a club which is a member of the Football League or the Football Association Premier League at the time the match is played.

9. In granting, amending, refusing or revoking a licence, the FLA is required to have regard (among other relevant circumstances) to whether equipment provided, procedures used and other arrangements enforced at the premises are such as are reasonably required to prevent or minimise the effect of offenses at designated football matches; and to such other considerations as the Secretary of State determines from time to time and notifies the FLA in writing.

10. The FLA uses its licensing function, which was brought into operation before the start of the 1993-94 football season to ensure that the Government's requirements on clubs for all-seater stadia are met.

All-seated accommodation

11. The FLA is required to monitor the progress being made towards all-seated accommodation at football grounds and report on this from time to time to the Secretary of State.

12. The Taylor Report recommended that all grounds in the old First and Second Divisions of the Football League (the new FA Premier League and First Division of the Football League) should be all-seated by August 1994. Lord Justice Taylor also recommended that clubs in the former Third and Fourth Divisions (the current Second and Third Divisions) of the Football League should be all-seated by August 1999.

13. On 10 July 1992, following a review of the Government's all-seater policy, the then Secretary of State for National Heritage announced that clubs in the new Second and Third Divisions would be permitted to retain some standing terracing provided that it met certain standards. However, clubs in the Premier League and First Division were still required to meet the August 1994 deadline.

14. The power to require all-seated accommodation is contained derives from the 1989 Act. The requirement is enforced by means of the licences issued by the FLA. The specific requirements as to seated accommodation are included in licences under a direction issued by the Secretary of State.

15. Before giving a direction in relation to any particular ground, the Secretary of State must consult the FLA which may submit its recommendations to him to which the Secretary of State will have regard.

Standing accommodation

16. The FLA will be responsible for ensuring that any terracing retained at grounds in the Second and Third Divisions of the Football League reaches the prescribed standard by August 1999.

National inspectorate and review body

17. The FLA is required to keep under review the discharge by local authorities of their functions under the Safety of Sports Grounds Act 1975 in relation to sports grounds at which designated football matches are played. These functions consist mainly of the issue, revision, amendment and enforcement of safety certificates for grounds designated under the 1975 Act by the Secretary of State.

18. The FLA has the power to require, by notice, a local authority to include specified terms and conditions in a safety certificate. However, before exercising this power, the FLA is required to consult the local authority, Chief Officer of Police and either the fire authority or the building authority as appropriate.

19. The Secretary of State looks to the FLA to work closely with the relevant authorities in order to achieve consistency of approach in the setting of terms and conditions in safety certificates.

Membership and appointments

20. The 1989 Act makes provision for an FLA Board, comprising a Chairman and between four and eight other Members, appointed by the Secretary of State.

21. The Members of the FLA Board have relevant experience of football, stadia design and construction, safety at sports grounds, or other skills of value to the FLA. Their responsibilities are as follows:

a. determining the policy of the FLA on matters within its responsibility;

b. monitoring the overall effectiveness of the FLA's performance;

c. deciding whether individual licences should be granted, amended or revoked;

d. representing the FLA in all its undertakings.


22. Membership of the FLA is part-time and Members are not normally involved more than two or three days per month. Members are remunerated on a daily basis. The appointment of Members is for three years in the first instance, reviewable at the end of that period.

Staffing

23. The FLA has a Chief Executive, who is appointed by the Chairman. The Chief Executive has delegated authority for the recruitment, promotion and personnel management of the FLA's staff.

24. Administrative staff and Inspectors may be recruited by open competition or may be civil servants seconded to the FLA for a fixed period.



For further information feel free to contact:

Football Licensing Authority
27 Harcourt House
19 Cavendish Square
London W1G 0PL
tel 0207 491 7191
fax 0207 491 1882
e-mail: fla@flaweb.org.uk