Policing Costs (Football Matches)

Wednesday 18th May 2011 Westminster Hall

16:19

[Mr Aidan Burley (Cannock Chase) (Con)]

I am delighted to serve under your chairmanship this afternoon, Mr Crausby. I am particularly grateful to Mr Speaker for granting me this debate on contribution to the costs of policing football matches by premiership clubs. It is my first Westminster Hall debate, as it was that of the hon. Member for Wirral South (Alison McGovern), who secured the previous debate.

To set the parameters of the debate, my proposals this afternoon only relate to premiership football clubs. Policing costs are associated with other sporting events, including lower league football matches. However, premiership football matches require a uniquely heavy police presence, because of the number of fans involved and the rivalries. The policing requirements of Wimbledon, the Ashes at Lord’s or even an international rugby match at Twickenham are much lower compared with those of premiership football. In general, sports spectators are not violent or confrontational, and other sports do not have the same problems as football and hence do not need to separate fans or have strict alcohol laws.

Premiership games require a huge police presence, and I am challenging the idea that the taxpayer should pay for the adverse effects of one party on another. My contention is not that all sporting fixtures should pay for the costs of policing their matches, because at the poorer end of the scale that could wipe out the profit made on a small-scale fixture. However, with the average salary of a premiership footballer now estimated at £55,000 a week, and with some earning as much as four times that amount, or a salary of more than £10 million a year, the affordability of premiership football clubs paying the full costs of policing their highly profitable businesses cannot be questioned in any way. My simple contention is that the total police costs attributable to the policing of a premiership football match should be met by the clubs and not by the taxpayer.

To give some background, the provision of policing at a football match, or at any other commercial event such as a music concert, is a special police service. Special police services are governed by section 25 of the Police Act 1996:

“The chief officer of police of a police force may provide, at the request of any person, special police services at any premises or in any locality in the police area for which the force is maintained, subject to the payment to the police authority of charges on such scales as may be determined by that authority.”

In effect, special police services are extra that police officers provide for security at commercial events. The event organiser must pay for the service at a price determined by the chief constable. If the cost is not met, the organiser can be denied a safety certificate and therefore cannot hold the event.

In 2008, the Association of Chief Police Officers made a submission to the Home Office about the Green Paper on the future of policing, calling for the introduction of full-cost policing. Full-cost policing would extend the definition of special police services beyond the so-called footprint of the event to include consequential policing: policing that is provided beyond the event itself, at train stations or town centres, to deal with crowds arriving at and leaving a commercial event. How is that ACPO submission currently viewed in the Home Office? How would a similar submission by ACPO today—for recovery of full-cost policing from football clubs—be regarded by Home Office Ministers?

Under current arrangements, football clubs are only legally obliged to pay for the policing in their footprint, which usually means inside the stadium and the surrounding car parks. However, the provision of consequential policing outside a football match—for example, at the nearest railway or tube station, in nearby pubs and bars or even in the city centre—is currently the responsibility of the police and is provided at their discretion and their cost. Clubs do not have to pay for that extra service, so the cost is paid for by the taxpayer. That has led to a disparity between what the police estimate the total cost of policing a football match to be, and what the clubs currently pay. In the 2007-08 season, it was estimated that the policing of 13 premier league football clubs cost the police £3.2 million in consequential policing. That difference was met by the taxpayer.

The disparity is the result of current case law—in particular, the case of the chief constable of Greater Manchester v. Wigan Athletic—but also of Home Office guidance on charging for the policing of football matches. The result, according to a report of the Select Committee on Home Affairs on this issue in July 2009, is that

“some forces recovered less than half, some as much as two thirds of the costs of policing football”.

The current disparity, therefore, is between what the clubs are legally obliged to pay in policing costs and what the police actually estimate those costs to be, and it stems from grey areas in the current legislation and Home Office guidance. Can the Minister address that issue in his response, and ask his officials to look into clarifying such an important area?

What are the actual costs? Sunita Patel, the London correspondent for the Wolverhampton Express & Star, has recently submitted freedom of information requests to the West Midlands police on the issue. Her story, published yesterday, revealed some interesting results. Data obtained from the West Midlands police show that the force estimated costs of £1.14 million to police Aston Villa and West Bromwich Albion’s home fixtures in 2008-09. However, the force was only reimbursed £875,655, leaving a shortfall of £266,111. That quarter of a million pounds alone would pay for 10 police constables or seven sergeants. In essence, the police are recovering only three quarters of the costs of policing Villa and West Brom.

[Justin Tomlinson (North Swindon) (Con)]

Does my hon. Friend agree that the biggest challenge is the lack of transparency—that a freedom of information request had to be submitted? Coupled with that, if he was granted his wish and football clubs in effect had to pay for their own policing, surely they should also have a greater say in how that policing is carried out.

[Mr Burley]

That is a fair point. One of the challenges to such arguments is that defining the cost of consequential policing is difficult. Is a fight in a bar at midnight between two guys wearing football shirts, a long time after the match, the responsibility of Villa and West Brom or of the police only? However, my argument, and what we found in the FOI figures, is that the police calculate such costs quite accurately. They know the costs for policing in the ground—the footprint—and outside, because we have obtained those figures under the FOI requests. A simple test would be to ask a police force what its extra deployment would be if there were a home match on a Saturday. The police would tell us straight away: they would have an extra 10 coppers at the station, a sergeant to oversee, and everything else. Those officers would not otherwise be deployed, so it is quite easy to calculate the extra costs.

Further figures obtained by Miss Patel for the most recent season, 2009-10, showed that West Midlands police recovered £1.23 million for policing the home games of Wolves, Aston Villa and Birmingham City. That is an increase of 40% on the previous season because of an extra west midlands club being in the top flight—I accept that that might change by the end of the week if Wolves or Birmingham go down. If the policing costs outside the football club premises went up by the same ratio, the taxpayer bill for the 2009-10 season would be an estimated £372,555. Extrapolated across the country and the 20 premiership clubs, that would equate to £2.5 million, which is equivalent to 106 police constables or 68 sergeants—at which point, such figures start to appear rather significant.

ACPO itself, in a BBC news article in October last year, estimated that it costs the police up to £25 million to deal with all football matches, but that they only recover £12 million to £15 million a year from the clubs. That is for all football matches, whereas my proposal is for premiership clubs only. Hammersmith and Fulham council estimates that the total cost of policing football matches in its borough, which, uniquely, has three premiership clubs, will be £5.69 million a season. Either way, the cost of policing football matches ranges from £2.5 million to £5.6 million to £15 million, depending on how many clubs and matches are included, and according to the different estimates by different forces of policing their local games. However, one thing from all those figures is abundantly clear. The taxpayer is subsidising wealthy football clubs to the tune of millions of pounds a year, and my simple question to the Minister is: why?

There is an issue and a principle. The issue is the disparity between what the clubs are legally obliged to pay in policing costs, and what the police estimate those costs to be. The principle is that the polluter pays. On the taxpayer subsidy provided to clubs through extra paid-for policing, my personal feeling is that the estimated consequential costs are far higher than freedom of information figures from the west midlands suggest. Let us consider three recent examples.

At the derby match involving Arsenal and Spurs on 31 October last year, a large group of hooligans smashed up several pubs after their side’s 3-0 defeat, causing thousands of pounds of damage. Because of the nature of the derby rivalry at the previous year’s game, the police classified it as high risk, and almost tripled the number of officers on duty from 180 to 560. In the north- east alone this year, British Transport police has already overspent its football budget by around £400,000. In April, a dozen arrests were made after a town centre pub was forced to close when Wigan Athletic, Sheffield United, Barnsley and Manchester United fans turned violent, and the police again had to call in hundreds of extra patrols to deal with the disturbance.

[Eric Ollerenshaw (Lancaster and Fleetwood) (Con)]

I congratulate my hon. Friend on calling this important debate. As he is aware, British Transport police does not police football grounds—it is completely separate from that—but it estimates that in 2009-10, policing premiership games on Saturdays alone cost £8 million and involved deploying more than 300 police. That, as I say, excluded matches between Mondays and Fridays, and on Sundays. That is all extra expense for the public purse.

[Mr Burley]

My hon. Friend makes a good point. It is difficult to know how far the footprint goes. People catch trains to football matches, and one sees them at all the stations. That is why I contend that the consequential policing cost is far greater than we think. Whatever the figures, it is clear that it costs more than we recover from the clubs, and my question is: why?

We have all seen the extra police in tube stations and town centres on match days. They are there for one reason: because it is match day. They are doing their job of safeguarding the community, preventing trouble from occurring, and dealing with scuffles and fights between fans. My simple question is: why are the clubs not being billed for those extra policing costs?

In other walks of life there is a principle of, the polluter pays. A constituent, Nigel Clempson, runs a successful shop-fitting company in Rugeley. I am grateful to Richard Littlejohn in the Daily Mail for highlighting his case in the national press. He said that my constituent

“is the kind of businessman upon whom Britain’s recovery depends.”

His team of craftsmen work seven days a week, mostly at night, refurbishing shops and banks. All the debris that they strip out of the buildings they are refitting is taken back to the firm’s yard at Rawnsley, near Cannock, where it is dumped in a large skip to await recycling and disposal. Because of the nature of the firm’s business, the yard is accessible round the clock, and the skip attracts the attention of local rag and bone men and groups of Travellers who sort through it in search of salvage.

Nigel Clempson has never had a problem with scavengers, who are looking for scrap metal and other materials that they can sell for a few bob, but recently he had a visit from a police officer and an inspector from Cannock council’s environmental health department. The police had seen some Travellers loading scrap from his yard into a transit van, and he was told that he needed a licence to transport industrial waste. He assured them that his company was fully insured and licensed, but was told, “Ah, but the Travellers aren’t.” Nigel was informed by the police that it was his duty to ensure that anyone taking material from his premises had a waste transfer certificate.

We all know that Travellers come and go at all hours, so how was Nigel expected to keep track of everyone, and make sure that they were carrying the correct permits? The police said that that was up to him, but that if any of the material was fly-tipped and traced back to him, he would face a hefty fine. People might ask why the onus should be on Nigel, and not on the Travellers themselves, who probably do not tax their own vehicles, so they are hardly going to bother getting a waste disposal certificate. The principle is that a local businessman from the west midlands has been told that it is his personal responsibility to make sure that a gang of Travellers do not remove stuff from a skip, so he has reluctantly spent £2,000 on a special cage to encase his skip. My question to the Minister is: why are the same police not telling their local premiership football clubs that it is their responsibility to make sure that the local community is safe, that the streets are cleaned, and that the train stations are protected from damage as a result of their businesses?

[Graham Jones (Hyndburn) (Lab)]

I congratulate the hon. Gentleman on securing this debate, and I thank you, Mr Crausby, for chairing it. I do not disagree with the hon. Gentleman’s principle, but I would like to hear his thoughts on some of the wider issues. He seems to have drawn a harsh line, although he has tried to address that, and my question is: why just premiership clubs?

A recent English Defence League demonstration in Blackburn on 4 April cost a fortune to police. The hon. Gentleman asked why taxpayers are paying for premiership matches to be policed, but what about the EDL demonstration? What about other demonstrations that cost local taxpayers a fortune? What about large community events that must be policed? Where is the line to be drawn? Will he explain why he is referring only to premiership clubs, and why that is fair?

[Mr Burley]

I am more than happy to do that. I framed my debate narrowly to premiership clubs. In essence, the direct answer is that there are two reasons. First, they are unique in the intensity of policing and number of police required for their entertainment activities, which is very different from the number of police at Glastonbury, an athletics meeting or at Wimbledon. So one reason is the number of police involved and the regularity of matches, and the second is the clubs’ wealth. ACPO figures suggest that if the premiership clubs paid the total cost of policing their matches in the whole country, that would amount to some £15 million a year. I understand that Wayne Rooney is paid £10 million a year, and he is one striker in one club. Clearly, the clubs can afford it.

There seems to be a fundamental inconsistency in our messages to local businessmen and to premiership football clubs. Is that because it is easier to pick on small businesses than on giant football clubs?

[Graham Jones]

Will the hon. Gentleman give way?

[Mr Burley]

I must carry on to my conclusion. At the heart of this debate is a disparity between what clubs are legally obliged to pay in policing costs, and what the police estimate those costs to be. That stems from grey areas in current legislation and Home Office guidance. It is not clear to what extent football clubs and other holders of commercial events are liable for policing away from the footprint, and that leads to the disparity between the full cost of policing a match, and what the clubs believe they are liable to pay. There is also an issue of principle. If people like Nigel Clempson are being told by the police that they are responsible for putting cages on skips, why on earth are premiership football clubs not being similarly told that they are responsible for the policing costs incurred by their businesses?

Finally, the reality of the wider economic situation is that the police must make savings of up to 20%. We know that they are finding that a challenge, and officers in many forces are being retired after 30 years, while police community support officers and police staff are being lost. West Midlands police alone must save £125 million over the next four years. Why not provide extra revenue from a source that can afford it? That would help to mitigate the massive cuts being made to deal with the record deficit bequeathed to us by the last Government.

10:58

[The Minister for Immigration (Damian Green)]

I congratulate my hon. Friend the Member for Cannock Chase (Mr Burley) on securing this debate on an issue that is important in itself. As a season ticket holder at Reading football club, and after last night’s play-off results, I hope to be taking a personal interest in premier league policing next season.

First, I will comment on the vital role played by the police in ensuring the safety of the public at all football matches, not just those in the premier league. Levels of football violence and disorder have fallen consistently over a number of years, particularly since the introduction of tough banning order legislation and the associated radical football disorder strategy in 2000.

Last season, total attendance at regulated football matches in England and Wales exceeded 39 million people, mostly in the premier league. Over the same period, football-related arrests fell by 10% and levels of football violence and disorder continue to be low. However, a lingering threat remains—it is perhaps more than lingering in some cases—and the police continue to play a crucial role in ensuring public safety. Let me take this opportunity to thank them for their continued hard work and dedication.

As my hon. Friend is aware, premier league football matches are policed on a public order basis where the aim is to prevent or deter trouble. Police adopt a visible but low-friction approach. They will intervene in stadia as appropriate—usually at an early stage to prevent escalation—and defuse, detain or eject anyone who is engaging in violent, disorderly or antisocial behaviour. Such policing is intelligence-led and based on a dynamic risk assessment. It means that football clubs and police authorities are able to agree on an appropriate level of policing in advance of each match, based on the level of risk as determined by the latest available intelligence. That ensures that the policing service provided is proportionate to the risk.

The provision of policing at a premier league football match, or any other commercial event such as a music concert, is considered a “special police service”, and it is governed by section 25 of the Police Act 1996. Special police services are those provided beyond the normal line of duty, such as when extra officers are deployed at a site to reduce the risk to public safety during an event. Where the event is seen as commercial—such as a premier league football match—the event organiser is responsible for meeting the costs incurred by providing that service. The cost of policing an event is determined locally by the police authority in negotiation with the event organiser, and not by the Home Office. That system allows flexibility and permits police authorities to take into account any benefits and the ability to pay of the event organiser when determining charges at a local level.

Should an organiser be unwilling to pay for the level of policing deemed necessary to ensure public safety, the chief police officer can refuse to provide policing services. That may mean that the event organiser is denied a safety certificate by the relevant local authority, and without that certificate the event cannot take place.

Although the Home Office does not have formal powers to mandate charging or the level of charging, guidance has been provided in the form of circular 34/2000. Chapter 13 of that guidance deals specifically with the policing of football matches. The Association of Chief Police Officers—ACPO—produced guidance on charging for special police services in 2005, as well as in the 2008 document referred to my hon. Friend.

Football clubs are currently required by police forces to pay only for the policing of their so-called “footprint” area. That usually refers to the area inside the stadium and, for example, the surrounding car parks or streets. In latter case, however, costs can be recovered only when there is an express or implied request from the club for that service to be provided. The provision of “consequential policing” outside a football match—for example, at a railway station or town centre—is currently the responsibility of the police. It is provided at their discretion and at a direct cost to them. Football clubs are not currently required to pay for that extra service, as my hon. Friend has made clear.

I appreciate that in some cases that ambiguity has led to a disparity between what a police authority estimates as the total cost of policing a football match, and what the football club actually pays. It is clear that there is considerable depth of feeling about the extent to which football clubs, particularly those in the premier league, should cover the full policing costs incurred, and there are strong arguments on both sides. The police argue that policing a football match results in extra expense, regardless of whether their presence is on the club’s “footprint” or not. The football clubs argue that the distinction is not so clear cut, and that if they neither require nor request police presence away from their “footprint”, they should not be liable for the cost of police services elsewhere.

[Mr Burley]

On that point, is not the distinction rather more clear-cut than the football clubs would have us believe? As I mentioned earlier, an inspector for an area with a premiership football club that holds matches on Saturdays will sit down with their team and decide to deploy a certain number of extra officers at tube stations, trains and town centres. They know how much that extra deployment will cost and that such costs are the direct result of the match that afternoon—if there were no match, the extra deployment would not be needed. It is not confusing, because the extra costs are clear-cut.

[Damian Green]

My hon. Friend would be right if the number of police officers needed in anticipation of a particular crowd, disorder or other problem that might require special policing measures were unambiguous. I am afraid, however, that that is not the case. The police already provide a policing service, which is their job, and deal with crime and disorder in town centres, railway stations and so on. It would be easier if the situation were as clear-cut as my hon. Friend has suggested, but I do not think that it is.

[Eric Ollerenshaw]

Last year, the Metropolitan police said that 18,000 police had been deployed over the year to police premiership football. Have the Government looked at the impact of that on other crimes that take place while those policemen are deployed ferrying supporters between railway, bus and tube stations?

[Damian Green]

My hon. Friend has made an interesting point, but the logic behind that argument is that we should stop holding big public events that might excite emotion or violence, because there will always be a knock-on effect on police costs. We have a police service so that people can go about their normal business, and for many people in this country, attending football matches is just that. I am not sure that it should be regarded as an alien imposition on the wider community.

My hon. Friend the Member for Cannock Chase made the ACPO case for full cost recovery, but football clubs play a key role in local communities and do a lot of good work in education and health. I am keen for them to remain in a position that enables them to provide those benefits to the community, and I do not want to tie them up with more red tape and obligations.

This issue will not go away, and it is clear that many people feel strongly about who should pay for policing premier league football. We must make progress on that. I recognise that the disparity between what premier league clubs are required to pay for policing and what police forces estimate the full costs to be could be interpreted as a form of subsidy. I argue, however, that that interpretation is too simplistic. It is important to remember that the provision of special police services extends beyond premier league football clubs to all organisations, both sporting and otherwise, that require such services. That includes non-profit-making local and community-led organisations, which must not be prevented from their activities by prohibitive policing costs.

[Graham Jones]

Will the Minister give way?

[Damian Green]

I apologise to the hon. Gentleman, but I have little time left. Having such a wide range of parties with an interest in policing makes the situation even more complex. As a result, a solution to the case of premier league football matches cannot be reached overnight. I agree, however, that increasing the clarity and consistency of existing guidance in the light of case law—such as the recent cases of Wigan Athletic and Greater Manchester police—could help to ensure a more reasoned approach to charging for special police services. That would help reduce the prevalence of disputes between event organisers, including premier league football clubs, and police authorities, while maintaining the all-important principle of local discretion.

I reassure my hon. Friend that Home Office Ministers are considering carefully all options to ensure a mutually beneficial resolution to the problem. We are not there yet, but an increasing body of evidence will enable us to get close to a solution that I hope will square the very difficult circle, and allow our successes in policing football over the past few years to continue, so that people can carry on enjoying football just as much.

Question put and agreed to.

17:00

Sitting adjourned.