Ipswich Town Football Club Company Ltd v The Chief Constable of Suffolk Constabulary

Ipswich Town Football Club Company Ltd v The Chief Constable of Suffolk Constabulary

The provision of police services by the Chief Constable in the TCO area, which is public land adjacent to the stadium, does not constitute special police services under section 25 of the Police Act 1996. The critical factor is that the services were provided on public land, and the club's de facto control or benefit from such services does not alter their character as part of the police's ordinary public duty. Accordingly, the police are not entitled to charge the club for such services.

Parties
Appellant/claimant: Ipswich Town Football Club Company Limited; Respondent/defendant: The Chief Constable of Suffolk Constabulary; Intervenor: The English Football League
Jurisdiction
England and Wales
Judgment Date
10 October 2017
Procedural Posture
Civil Appeal / Appeal From High Court (queen’s Bench Division) to Court of Appeal
Outcome
Appeal allowed
Legal Topics
Special Police Services, Police Charges for Events, Public Vs Private Land, Football Stadium Policing
Administrative Law Police Law Contract Law Special Police Services Police Charges for Events Public Vs Private Land Football Stadium Policing

Case Brief

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Parties

Ipswich Town Football Club Company Limited

Appellant/claimant

The Chief Constable of Suffolk Constabulary

Respondent/defendant

The English Football League

Intervenor

Procedural Posture

Civil Appeal / Appeal From High Court (queen’s Bench Division) to Court of Appeal

Legal Issues

  1. 1 Whether section 25 of the Police Act 1996 entitles the police to charge a football club for special police services provided on public land adjacent to the stadium
  2. 2 Whether the degree of control exercised by the club over public land affects the classification of police services as special police services

Ratio Decidendi

The provision of police services by the Chief Constable in the TCO area, which is public land adjacent to the stadium, does not constitute special police services under section 25 of the Police Act 1996. The critical factor is that the services were provided on public land, and the club's de facto control or benefit from such services does not alter their character as part of the police's ordinary public duty. Accordingly, the police are not entitled to charge the club for such services.

Court Disposition

Appeal allowed

Orders

  • Declaration granted that the Chief Constable is not entitled to impose charges for the provision of police services within the TCO area (public land adjacent to the stadium).