UEFA EURO 2028 Commercial Rights Protection: consultation analysis - final report

Executive Summary

Introduction

The UEFA European Championship, the men’s international football tournament held every four years, will be hosted by the UK and Ireland in 2028, with matches to be played at Hampden Park in Glasgow. An event zone will be established for EURO 2028 in the area around Hampden Park and potential fan zones at other locations in Glasgow, known as ‘event zones’ during the event.

Large events require specific legislation to protect commercial rights, the integrity, character and quality of the event and to protect spectators against unauthorised resale of tickets, known as ‘ticket touting’. The Scottish Government has proposed commercial rights protection measures for EURO 2028, based on experiences from EURO 2020 and other requirements.

Consultation Overview

The Scottish Government ran a public consultation on the proposed commercial rights protection measures ran from 2 May to 26 July 2024, targeting a wide range of stakeholders including street traders, media owners, businesses operating within event zones, local residents, and representative groups. A total of 26 responses were received, with 23 submitted via an online platform and three via email. Additionally, four consultation events were held to engage with key stakeholders.

It should be noted that this relatively small sample size means the views of respondents do not necessarily represent the views of the entire population. In addition, the specialist nature of some of the proposals means not all respondents answered every question.

Street Trading

It is proposed that measures and penalties similar to those used for EURO 2020 should apply for street trading for EURO 2028. Just over half (52%) of respondents who answered were aware of the street trading laws in place for EURO 2020. The most prevalent theme raised by just under two thirds of those who commented was that the measures in place for EURO 2020 had no impact on them. Three of the four respondents who identified as street traders, advertisers or advertising space owners also left comments to this effect. A small number of respondents highlighted negative impacts on business, while two organisations expressed a view that unauthorised trading had been minimised for EURO 2020.

The most prevalent theme in open comments about the proposed street trading measures for EURO 2028 was that they would have no or minimal impact on the respondent. Most of the remaining themes described potential wider impacts of EURO 2028, rather than the impact of the proposed street trading measures. For example, the second most prevalent theme was that littering or noise could be an issue.

Views on managing adverse impacts were relatively evenly split, with 38% of those who answered expressing the view that exemptions or measures could be applied, 38% felt there could not, and one quarter (24%) unsure, potentially highlighting the specialist nature of the consultation. However, among the small number who elaborated in open comments, a range of specific points were raised with no common themes emerging.

Advertising

To meet UEFA’s requirements, unauthorised advertising was prohibited in and around events zones when these were in operation for EURO 2020. The consultation paper sought views on introducing similar arrangements for EURO 2028. Among those answering, 39% were aware of advertising laws in event zones for Euro 2020; lower than the 52% who were aware of street trading laws. Again, the most prevalent view in open comments, mentioned by some respondents, was that there had been no or minimal impact on them.

When considering applying those measures to EURO 2028, the most prevalent theme was that there would be no or minimal impact. The second most prevalent theme, raised by a few respondents, was the potential impact on businesses of the proposed advertising measures. The main concern expressed was that the measures could impact the ability of businesses to advertise in the event zones or their local area.

One in five (19%) of those who answered indicated there could be ways to manage adverse impacts from the proposed measures; this was lower than the 38% who felt this was the case in relation to street trading laws. A few organisations called for certain types of businesses to be exempt from the advertising measures, including charities. A range of other views were expressed on unauthorizing advertising more generally, including that the proposals could have a positive impact on consumers or that trading standards may require additional funding to enforce the legislation.

Ticketing

The proposed ticket touting measures for EURO 2028 aim to strengthen those for EURO 2020. Awareness of ticket touting laws that were in place for EURO 2020 was evenly split among those who answered, with 52% aware and 48% not aware. The most common theme in open responses to this question was that there had been no impact on respondents as a result of the ticket touting laws in place for EURO 2020.

While most respondents felt they would not be impacted by the proposed ticket touting measures for EURO 2028, some highlighted positive impacts for visitors, such as reduced contact with illegal ticket touts and enhanced security.

One quarter (24%) of those who answered indicated that there are exemptions or other measures that could help manage any impacts from the suggested ticket touting measures; 43% felt there were not and one third (33%) were unsure. The few comments which elaborated on this suggested exemptions e.g. for charity auctions, while a few others left comments that aligned to the proposals. For instance, two suggested avoiding the use of intermediaries for ticket sales and two suggested preventing ticket sales on the streets and in event zones

Respondents were asked what level of penalty for ticket touting offences would be most appropriate for EURO 2028. Among those who answered, the largest proportion (39%) were unsure what level of penalty would be most appropriate. Among those who selected any of the proposed penalty levels presented as answer options, there was more support for larger value penalties. Overall, 22% favoured a penalty of £20,000 and 17% favoured £50,000, compared to 9% supporting a £5,000 penalty and 13% a £10,000 penalty. The most prevalent theme in open comments was that the penalty should be proportionate to the amount ticket touts made, with the second most common theme being that the amount should be increased so it acts as a better deterrent.

Regulatory context

Mixed views were expressed in a small number of comments about the UEFA EURO 2028 Partial Business and Regulatory Impact Assessment (BRIA) that has been published by the Scottish Government. While a small number felt it helped to contextualise the proposals, others felt more clarity was needed.

When considering how the proposed legislation might affect different groups, the most prevalent theme was that EURO 2028 may impact vulnerable groups, as concerns were expressed that these groups could be more likely to be the target of scams. Although not directly related to the proposals, some respondents commented on the cost of the event, calling for ticket prices to be kept as low as possible or affordable for local people.

Regarding the wider regulatory context for events in Scotland, there were calls for more detailed preparatory work, greater engagement and advance provision of information to small businesses, and engagement with other parts of the community who might be affected e.g. considering the safety and security of people near the vicinity of event zones. A review of relevant policy, such as the Civic Government (Scotland) Act 1982, was also suggested as part of the process of developing legislation in this area.

Conclusion

The consultation highlighted general support for the proposed measures to protect commercial rights for EURO 2028. The most prevalent view was that the proposals would not have a noticeable impact on respondents and the benefits to consumers were often noted. Adequate advance planning and communication to help people prepare for, and mitigate adverse impacts, arising from the proposals for EURO 2028, and for other large events hosted in Scotland, were encouraged.