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

2. Street trading

Introduction

The consultation paper clarifies that a ban on unauthorised outdoor street trading^[4] was required for EURO 2020 to meet UEFA’s requirements. The paper explains that these requirements intended to prevent inappropriate marketing and over-commercialisation, as well as protect the high standards associated with the event. In addition it was felt the requirements could help manage the flow of people in and out of event zones and minimise market clutter. It is proposed that measures and penalties similar to those used for EURO 2020 should apply for street trading, including for pedlars^[5], for EURO 2028.

The Scottish Government wished to hear views on the awareness and impact of street trading laws for EURO 2020 and on the anticipated impact of proposed measures on street trading in EURO 2028. Suggestions were also sought for any exemptions or other measures that could help manage adverse impacts from the proposed street trading measures.

Street trading for EURO 2020

Unauthorised trading, including street trading by a non-UEFA partner, was banned in EURO 2020 event zones. Exemptions included permission for selling newspapers, busking and public transport services. The police and enforcement officers appointed by Glasgow City Council were responsible for enforcing the trading rules.

Were you aware of street trading laws put in place in event zones for EURO 2020?

Just over half (52%) of those answering were aware of the street trading laws in place for EURO 2020; 43% were unaware and 4% were unsure. All organisations who answered were aware, compared to only one quarter (27%) of individuals.

What impact, if any, did those street trading laws have on you (as a resident, business or visitor)?

In total, 15 respondents provided answers to this question. The most common response was that there was no impact on respondents. A small number of other comments were received across various topics, with the second most prevalent theme being the impact on businesses.

No impact

The most prevalent theme raised by just under two thirds of those who commented at this question was that the measures in place for EURO 2020 had no impact on the respondent. Three of the four respondents who identified as street traders, advertisers or advertising space owners also left comments to this effect. Reasons why there was no impact were rarely given by respondents, though one noted this was because EURO 2020 was not held in their authority, one commercial/trade organisation commented they had not run any events at that time, and an individual reported it was because they had not encountered any impact at the place they traded.

“The street trading laws of Euro 2020 had no impact on our local authority as the games were held our neighbouring authority.” - South Lanarkshire Council Consumer and Trading Standards

Impact on business

A small number of respondents highlighted impacts on business. One organisation described actions a local authority had taken for EURO 2020 such as publishing information for street traders on their website and working with street traders impacted by the laws such as identifying alternative trading sites. It was noted that a few street traders had made enquiries for alternative trading sites.

One individual who identified as a sole trader highlighted that they had been affected, as their business could not trade at its usual designated position, with another perceiving:

“Small businesses in general find such restrictions frustrating.” - Individual

Unauthorised trading was felt to be minimised

Two organisations expressed a view that unauthorised trading had been minimised for EURO 2020. British Transport Police Justice Solutions noted that other than some minor issues on ground that adjoined the London Underground, ‘rogue traders’, ‘street merchandise sellers’ or ‘ticket touts’ on the railway network were rarely encountered. They felt that they had sufficient enforcement powers through Railway Byelaws to address unauthorised trading should it occur. Advice Direct Scotland felt that limiting the number of traders in the event zone had been useful:

“Limiting the number of traders in prescribed zones and ensuring that the ones that were allowed were regulated increased accountability and minimised bad actors.” – Advice Direct Scotland’

Other issues

A few other issues were raised, each by one respondent. Advice Direct Scotland felt the measures had a positive effect on consumer rights and confidence, and the Federation of Small Businesses called for proactive engagement and communication with small businesses about restrictions to ensure awareness. This latter point was endorsed by two Glasgow City Councillors who attended one of the consultation engagement events, who highlighted the opportunity for a robust communications strategy to ensure businesses and residents are well-informed about proposed legislation coming into force.

DF Concerts and Events, an organisation that regularly runs large scale greenfield and stadium events with audiences of between 30,000 – 50,000, called for the laws to be extended to all large events and the surrounding areas, a point they reiterated throughout their consultation response:

“The principals of the legislation should apply to all mass gatherings including music events.” - DF Concerts and Events

This view was also shared by an individual that felt existing, as well as new and one-off events, should be supported given the wide-ranging positive impacts on Scotland of events. They felt the government should send a “clear message” that whatever commercial and non-commercial requirements and legislative changes were required for successful event staging would be in place.

Proposals for EURO 2028 street trading

The Scottish Government is discussing detailed requirements for EURO 2028 with UEFA. Measures would be expected to restrict street trading activity in the event zones. There would be an event zone around Hampden Park (using the event zone for EURO 2020 as a basis), and an event zone in part of Glasgow City centre. It is proposed that guidance would be issued for street traders and other business to help them understand and comply with the street trading measures.

What impact do you think the proposed measures on street trading in EURO 2028 event zones might have on you (as a resident, business or visitor)?

Eighteen respondents left an open comment in response to this question, with the most prevalent theme again being that they anticipated no or minimal impact from the proposed street trading measures. 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; thereafter two respondents each raised a range of issues.

No or minimal impact

Half of those answering this question felt there would be no or little impact on them should the proposed street trading measures be introduced. Half of those who identified as sole traders or commercial / trade organisations commented that it would have no impact. Among these respondents, comments were generally brief, but where more detail was given there were comments that it would not affect them as a resident, that it would have no significant effect and that it would not affect them as a trader as they were about to cease trading.

Concerns regarding consumer rights

Two respondents raised issues of consumer confidence and choice. Advice Direct Scotland noted the detrimental impact poor quality goods could have on the consumer experience and called for strengthened consumer rights. In addition, during one engagement event, a local authority representative anticipated an increase in efforts to counter counterfeit activities, such as fake merchandise, within their area, and felt this would be the case in other neighbouring authorities.

“Our aim is to ensure that issues with goods and services are prevented, if possible, and that they are swiftly resolved where they occur. An event such as EURO 2028 is an opportunity to strengthen trust in Scotland’s consumer landscape to residents and abroad … Street Trading, to any extent that it occurs, must provide goods that are in good condition, as described and of suitable quality. Any deviation from this lowers trust and causes consumer detriment.” – Advice Direct Scotland

However, one individual felt the proposals would mean less choice for the consumer, though did not expand on why they perceived this.

Other issues

Other comments by singular respondents included one call for the regulations to include mention of pedlar certificates due to a rise of issues associated with these. One individual felt the proposals affected them financially as a small business owner but did not explain further and one stated they would boycott the official traders as they would be overpriced.

Wider points about EURO 2028

The second most prevalent theme, mentioned by a few was that the proposals might not prevent littering or noise from traders, with one individual calling for traders to be made responsible for litter caused by their sales. One individual expressed concern about people urinating in public places and at one engagement event, a community representative called for restroom facilities in Mount Florida as well as Hampden Park.

Two individuals raised concerns about the potential for overcrowding. One commented they were a regular visitor to the area near a stadium that holds major events and were aware of significant inconveniences caused to residents by the large crowds, e.g. longer commuting times to and from work.

Another perceived challenge for residents was reduced availability of parking, a view expressed by two individuals. One elaborated that residents, or their carers, would need to find alternatives to their usual routine of parking locally and “shopping for necessities” due to parking restrictions.

At one engagement event, discussion took place regarding potential benefits of large events to businesses around George Square, including increased footfall and higher overall profits. For instance, one representative from a hotel chain highlighted a substantial increase in footfall as a result of large events. It was suggested that advance planning and providing regular updates to businesses were ways such benefits could be maximised.

Managing adverse impacts

Do you think there are any exemptions or other measures that could be applied to help manage any adverse impacts from the proposed street trading measures?

Can you explain your answer to the above question?

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. While three in ten individuals who answered felt there were exemptions or measures which could be applied, organisations were more likely to believe this was the case with over half (57%) suggesting alternative approaches.

Nine respondents left a comment to explain whether any exemptions or other measures could be applied to manage adverse impacts from the proposals. Views were given across a wide range of topics; as no specific themes emerged, comments are grouped together below restrictions, measures and exemptions suggested by respondents.

Suggested restrictions

Some respondents suggested restrictions to help manage adverse impacts from proposed streeting trading measures. While the proposals cover measures targeted at reducing unauthorised street trading, restrictions for such traders attracted the most comment. A few respondents called for street trading, including the unauthorised sale of tickets, to be reduced or stopped more widely, with one calling for further action in this area:

“Additional measures should be put in place to prevent Peddlers trading in zones using existing legislation across all mass events. DF Concerts would lobby for this at all outdoor events as they pose a significant crowd management risk from their presence at critical access and egress locations.” – DF Concerts & Events

One organisation highlighted that the boundary line for the event zone ran through the middle of a road and at crossroads, allowing trade to continue on the other side of the road, causing resentment among traders no longer able to trade. They suggested that consideration of the EURO 2028 boundary line should include both sides of a street. An individual also commented on the zone areas, calling for these to be away from populated residential areas. Another called for restrictions on street traders to limit inflated pricing.

Suggested measures

Calls for additional measures were made by a few respondents. Advice Direct Scotland called for increased awareness raising of potential scams as well as more counter-scam initiatives and investigations into repeat offenders to minimise risk within designated zones and other areas affected by the event. The Federation of Small Businesses recommended the Scottish Government undertake further preparatory work including learning from previous events to identify potential improvements, engagement with those expected to be impacted and undertaking a comprehensive Business and Regulatory Impact Assessment (BRIA) focused on small businesses. An individual felt local businesses should be supported to retail official merchandise “at commensurate prices and with reasonable commercial return.” Another called for increased levels of public transport but did not explain why.

Suggested exemptions

One individual suggested a potential exemption as they felt street trading of football regalia should be permitted as this “adds to the atmosphere”. Another individual that also identified as a trader, advertiser or owner of advertising space in Glasgow felt street traders should be left to “do their job” but did not expand as to what this meant.

Other issues

At one engagement event it was felt businesses would find it useful to be informed of arrangements for EURO 2028 approximately a year in advance for adequate planning, with detailed information provided a few months before the event. This is because some business plans, for example scheduling musicians, happen well in advance and early information about EURO 2028 arrangements would help businesses make any necessary adjustments as part of their own planning. Sufficient notice and good planning were also needed to ensure access to business premises for customers and for deliveries. An example was given of significant challenges caused to one business during the Cycling World Championships event, where business disruptions caused by roadblocks forced customers to find alternative entry points, leading to a loss in footfall and deliveries had to be rescheduled for early mornings (6am) to ensure access.