Policing Powers and Music Festivals in Finsbury Park

Freedom of information request reference no: 01.FOI.23.031542

I note you seek access to the following information:

Context: Policing Powers, Music Festivals in Finsbury Park

Background - 
Over the summer of 2023, major music festivals are taking place in Finsbury Park. It was noted that the police made use of powers different to 2022. Some context was provided by local councillors.

Haringey Councillor information provided ~

"The Police Commissioner sent formal written instructions for an Anti-Terrorism Traffic Regulation Order (ATTRO) to be created to enable added security at the Finsbury Park Event should it be required.

Section 22C & 22D enables certain powers that a regular S14 temporary order normally used for those events does not and provides additional provisions for the Police for the management of risk at sites potentially vulnerable to attack. e.g. Major Events with large volumes of crowds.

Section 22C & 22D provides the following

(a) may enable a constable to direct that a provision of the order shall be commenced, suspended or revived;
(b) confer a discretion on a constable; or
(c) make provision conferring a power on a constable in relation to the placing of structures or signs.

Clause 14(9)(c) provides that an ATTRO or ATTRN may enable a constable to authorise a particular person to do anything a constable can do by virtue of section 22D(5). Such a description of persons may include: local authority staff, event stewards or security guards employed by a company contracted to provide security for an event to which the ATTRO relates.

Security for large events is now commonly provided by security guards and stewards in partnership with Police therefore an ATTRO is required to provide these people the necessary powers to put in place certain measures and procedures for the safety of the public in the event of a terror attack.

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FOI Questions for the Metropolitan Police

1. Please provide a copy of the letter to Haringey Council that sets out your request to make use of these powers

2. Please supply data for 2022, 2023, into the number of festivals in London that now making use of this power, versus those that do not

3. Please provide any details on instances whereby section 22C, 22D, or Clause14(9)(c) were invoked over events in Finsbury Park in 2023, the basis for their being invoked, and how they were invoked

4. Please supply any documents you hold relating to any circumstances where powers were used to authorise a particular person to do anything a constable can do

Thank you for your help

Decision

I have today decided to disclose some of the requested information. Some data has been withheld as it is exempt from disclosure and therefore this response serves as a Refusal Notice under Section 17 of the Freedom of Information Act 2000 (the Act) by virtue of the following exemptions:

Section 40(2)&(3) - Personal Information

Reason for decision

Section 40(2)(a)(b) of the Act provides that any information to which a request for information relates, is exempt information if the first condition of Section 40(3A)(a) is satisfied. The first condition of Section 40(3A)(a) states that personal information is exempt if its disclosure would contravene any of the data protection principles. If the disclosure of the requested personal data would not contravene the data protection principles, the disclosure must also not contravene Sections 3A(b) and 3B of the Act.

There are six principles that are set out in Article 5(1)(a) of the General Data Protection Regulations (GDPR) that dictate when the processing of personal data is lawful. The first principle requires that any processing of personal data must be lawful, fair and transparent. Under Article 6(1)(f) of the GDPR, the disclosure of personal data is considered to be lawful if:

a. There is a legitimate interest in the disclosure of that personal data.
b. The disclosure of the personal data is necessary to meet that legitimate interest.
c. The disclosure would not cause unwarranted harm to the data subject.

Having considered the release of information relating to contact details I have found, having considered the legitimate interest test, that:

a. The disclosure of this information would satisfy an identifiable legitimate interest, being to provide information that will show transparency.

b. The disclosure of the personal data is necessary to satisfy the legitimate interest identified at point a.

c. However, publication of this detail would be likely to lead to unwanted and unsolicited intrusion as the individuals concerned would not reasonably expect their names to be published by the MPS and I have found that as no prior consent has been given to release this personal data any release would accordingly be unfair to them. In the case of legitimate processing we do not consider that it is appropriate to release this information.

The provision to refuse access to information under Section 40(2)(a)(b) and (3A)(a) of the Act is both absolute and class based. When this exemption is claimed, it is accepted that harm would result from disclosure. There is accordingly no requirement to demonstrate what that harm may be in refusing access to information.

Disclosure

Q1 - Please provide a copy of the letter to Haringey Council that sets out your request to make use of these powers

Please find below attached a redacted copy of the letter:

Q2 - Please supply data for 2022, 2023, into the number of festivals in London that now making use of this power, versus those that do not.

MO6 Planned events are as below:

In 2022 there were 16 festivals that attracted a centrally-planned policing response; and of these there were no Anti-Terrorism Traffic Regulation Orders (Attros).
In 2023 there where 27 of these with one Attro covering all 6 days of events at Finsbury Park.

The power was used by the event organisers to close the road. The MPS did not utilise any of these powers.

Q3 - Please provide any details on instances whereby section 22C, 22D, or Clause14(9)(c) were invoked over events in Finsbury Park in 2023, the basis for their being invoked, and how they were invoked.

Jamie T / Pulp / 1975
With regards to the first weekend 1975/Pulp at Finsbury Park, the MPS are not aware of any incidents/concerns requiring the legislation queried being actively used.

Wireless
The MPS know of no occasions during Wireless where the MPS enforced the legislation.

Q4 - Please supply any documents you hold relating to any circumstances where powers were used to authorise a particular person to do anything a constable can do.

The MPS did not carry out any enforcement under the Act for the events in question and thus there is no such documents.