Policy paper

Annex B - DCMS response to the recommendations of Sports Grounds Safety Authority independent review

Published 21 June 2023

Introduction

In February 2022, the government launched a full organisational review of the Sports Grounds Safety Authority (SGSA) led by Independent Lead Reviewer David Rossington. This is the first full review of the SGSA since the organisation succeeded its predecessor body, the Football Licensing Authority, in 2011 and comes at a time when the government is reforming the wider governance of football.

The SGSA is a Non-Departmental Public Body, and therefore an Arm’s Length Body, of DCMS. The SGSA is the regulator for spectator safety at league and international football grounds, which includes the 92 grounds in the Premier League and English Football League, as well as Wembley Stadium and the Principality Stadium. The SGSA is also the strategic safety partner for the England and Wales Cricket Board and provides advisory services to FIFA, Sport Northern Ireland, the Football Association of Wales, and the Scottish Government.

The SGSA is a small but ambitious organisation, which is regarded as a world leader in sports ground safety. The SGSA’s suite of guidance – including the Guide to Safety at Sports Grounds (the “Green Guide”) is highly respected, both domestically and internationally, and helps ensure the UK is the safest place in the world to enjoy live sport. The SGSA also played a significant role in ensuring that live sport could return safely following the Covid19 pandemic.

The SGSA was instrumental in delivering the 2019 manifesto commitment to offer licenced standing, with all football clubs currently subject to the all-seater policy now able to introduce licensed standing areas should they wish, provided they apply to the SGSA and meet the conditions in place. The government is hugely grateful for the work that the SGSA carries out.

The review of the SGSA formed part of a programme of public bodies review which delivers against the commitments made in the Declaration on government reform to increase the effectiveness of these organisations to ensure they are set up in the best possible way to deliver and government works better for the citizens it serves.

The SGSA review took place in line with Cabinet Office requirements and expectations, but also specifically focused on the size, scope and funding model of the SGSA as well as the function/purpose of its board.

This document responds to the review undertaken by David Rossington and confirms the government’s confidence in the SGSA. The government accepts all of the review’s recommendations but recognises that reform requires careful consideration and further detailed work, including legislative change before implementation. The programme of work set out in this document will ensure that any changes do not compromise the excellent work already carried out by the SGSA and instead build on the organisation’s strengths and expertise.

Recommendations and DCMS response

The Review sets out 13 recommendations. These cover significant changes to the SGSA’s funding model and scope through to more minor points on its governance and shared services.

1. In order that the SGSA can safely remain at about its current size for its current remit, the Department should provide a formal undertaking to the SGSA Chair and Chief Executive that it will work with and support the SGSA in the face of a major crisis. This could include a situation where the SGSA is obliged to exercise its statutory powers in the interests of safety, but encounters resistance.

Agreed:

DCMS is committed to ensuring the SGSA has sufficient support and resourcing to meet the demands of additional pressures, in particular in the face of a major crisis, and does not object in principle to exploring this recommendation of support to the SGSA Chair and Chief Executive. The Department will work closely with the SGSA to consider what is appropriate and necessary in content and in format.

2. The SGSA should continue its efforts to diversify its workforce by exploring different models of recruitment to its inspectorate.

Agreed:

DCMS agrees with this recommendation and welcomes the SGSA’s ongoing efforts to diversify its workforce.

3. The £100 licence fee should be replaced by a flexible system of charging which reflects the full cost of regulation and enables taxpayer funding to be reduced. There should be consultation about how the costs are borne by the sector. An early opportunity should be sought to enact the new charging system. If legislation is needed, it could, for example, be linked to any legislation to enact recommendations from the recent Fan-led Review.

Agreed:

DCMS recognises the existing anomalies in the current funding structure, noting that reform would enable the SGSA to increase its income, reduce reliance on public funding and allow revenue flexibility. We will work closely with the SGSA to consider the implications and practicalities of amending their existing funding model and we will explore options to enact any changes.

4. Linked to this, consideration should be given to offering the SGSA further financial freedom, for example the ability to hold reserves and carry funds from one financial year to the next.

Agreed in principle:

Whilst DCMS recognises the need to be pragmatic with SGSA, given the current funding model is via grant-in-aid, DCMS is limited in its ability to be flexible of funding. The flexibility we can provide in future will be shaped by any changes to the £100 licence fee, which we have agreed to.

5. The SGSA should be able to make a profit on advice commissioned from outside the United Kingdom. This would require a change to the primary legislation.

Agreed:

We recognise that the ability to charge above cost for international advisory work would increase the SGSA’s resources and better enable them to undertake further advisory work and utilise their world-leading expertise. We will explore options, including whether legislative changes would be required to enact this whilst ensuring value for money, and in line with managing public money.

6. The possibility of the SGSA sharing HR, legal and data analysis resources with another organisation, for example DCMS, should be investigated.

Agreed:

The government agrees with this recommendation, and welcomes the recent agreement between the SGSA and the Security Industry Authority, an arm’s length body of the Home Office, to share legal services. SGSA and DCMS will therefore not further explore legal resourcing. The SGSA has cost-effective arrangements in place in relation to HR including an outsourced payroll provider. DCMS will consider how best to support the SGSA’s requirements in relation to data analysis.

7. Provided the funding model is reformed, and provided that the SGSA is allowed to increase its staff numbers, DCMS should consider expanding the SGSA’s licensing remit to cover upper league women’s football and the National League (Level 5). However this should be preceded by an assessment of the actual risks to spectator safety.

Agreed:

The government welcomes this recommendation and recognises that increasing the scope of the SGSA would enable it to more fully utilise its expertise, but agrees that further assessments of the risks to spectators are required before undertaking any change.

1. Women’s Football: In relation to the women’s game, we note that the SGSA has submitted evidence to the current review of Women’s Football being led by Karen Carney MBE. As such, DCMS considers it appropriate to consider this recommendation fully following the outcome of that independent review.

2. National League: DCMS notes that the SGSA already manages a horizon scanning process with the National League for those clubs that may be promoted to the English Football League each season (and therefore come within scope of the SGSA’s licensing regime) to ensure they meet the necessary safety standards in the event of promotion. Building on this, DCMS would encourage the SGSA to develop a deeper partnership with the National League to examine the risks to spectator safety and establish whether regulation is required or if the same objectives can be met through self-regulation.

8. DCMS should consider whether the SGSA should play a wider role in the regulation of stewarding at football matches.

Agreed:

The government welcomes this recommendation and will continue to consider it as part of ongoing cross-government work on the current issues facing the stewarding sector. The SGSA has already started to take a more active role in this space, which has included use of its existing statutory powers, independent research into the stewarding sector and establishing a working group with the football bodies. In addition, the SGSA already has wide powers in this space through their licensing regime if they were to choose to use them and may want to consider this further in their next licensing review.

9. In the medium term, DCMS should consider whether other named sports should be required to seek advice from the SGSA.

Agreed:

The government notes this recommendation and reiterates that the safety of spectators remains paramount. DCMS and the SGSA will work closely to consider to what extent there is evidence to support the need to require named sports to seek advice. This joint working will include consideration of both the risk profile across other sports and their appetite to be regulated on safety. It is also worth noting that the government’s Gold Framework will indicate that the SGSA’s Guide to Safety at Sports Grounds 6th Edition and SG03: Event Safety Management should be followed at all times when preparing for and delivering international sporting events. It also requires bidders for major events to evidence consultation with the SGSA on their approaches to spectator safety, particularly where tournament venues include sports grounds, new or modified spectator accommodation.

10. In the longer term, there may be a case for considering an expansion of the SGSA’s remit beyond sport. This should be considered after successful expansion within football and into other sports.

Agreed:

The government notes this recommendation and will keep it under consideration as part of its wider engagement with the live events sector. In addition, the government will continue to promote SGSA guidance which remains applicable beyond sport given the importance of spectator safety. We also note that any expansion of the SGSA’s role beyond sport would be conditional on changes to the SGSA funding, resourcing and legislative powers.

11. The UK government should consider consulting with the devolved administrations and their sectors on whether the SGSA should have regulatory powers across the whole of the UK. Any increase in territorial scope would require an increase in budget and staff numbers.

Agreed:

The government welcomes this recommendation. The SGSA already provides advisory services to the Scottish government and the Department for Communities in Northern Ireland and work is already underway to consult with the devolved administrations on the extent to which these arrangements should be formalised and extended. Again, we also note that it would be conditional on changes to the SGSA funding and resourcing model.

12. Legislation should be amended to clarify that functions may be delegated to the executive.

Agreed:

The government notes this recommendation.We will work with the SGSA to consider options.

13. The department, in consultation with the SGSA Chair, should review the length of appointments to the SGSA Board, and make any necessary changes through the primary legislation which would be required to implement other parts of this Review.

Agreed:

The government notes this recommendation and will work closely with the SGSA Chair to review the current length of board appointments.

Conclusion

The government is extremely grateful to David Rossington for the leadership he has provided to the Arm’s Length Body Review of the Sports Grounds Safety Authority. David has devoted considerable time to this role in the midst of many other responsibilities, and this is much appreciated. The findings of the review are well-evidenced and clear, and will enable us to build on the already significant work undertaken by the SGSA.

DCMS would like to thank the SGSA for taking part in this review positively and proactively. We are committed to working with the SGSA to undertake the necessary work necessary to implement a number of these recommendations as soon as possible. A number of the recommendations require legislative changes, which we will seek to address when parliamentary time allows.

The clear and comprehensive recommendations made will enable us to undertake a programme of reform which will build on the existing strengths and expertise of the SGSA, thus ensuring that the safety of spectators across sports and the live events sector remains of paramount importance.