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

5. Other considerations

The consultation also sought views about how the proposals may impact on different groups, including views on a UEFA EURO 2028 Partial Business and Regulatory Impact Assessment (BRIA) that has been published by the Scottish Government.

Do you have any feedback on the partial Business and Regulatory Impact Assessment published alongside this survey?

Six respondents provided views on the partial Business and Regulatory Impact Assessment, though most did not directly answer the question.

DF Concerts & Events called for greater clarity regarding the proposals, noting it was difficult to give a clear response to the consultation until the “location, proximity or duration” of restrictions had been determined. They called for further consultation once these options had been formally identified. This organisation preferred Option 3 of the BRIA, which was also the Scottish Government’s preferred option - bespoke EURO 2028 legislation that was proportionate and limited.

“Option 3 of the Business and Regulatory Impact Assessment has the best outcome, however there are parts of it which are fundamentally wrong. For UEFA to come and operate in the city and have such pulling power over the spaces in which small, medium, and large local businesses rely on for them to be told they can no longer utilise these is wrong. The Scottish Government needs to consider local businesses when creating these legislations and remember that this will have a substantial impact on them if they are not able to operate as normal.” - DF Concerts & Events

Conversely, the BRIA was felt useful in contextualising the proposals by Advice Direct Scotland. However, they also highlighted the importance of maintaining consumer trust.

“The assessment was a useful tool for summarising the proposals, why they have been put forward and comparing them to alternative options. We believe that this better contextualises the proposals and their intended effect. However, as an advice organisation, we believe that the primary assessment required is the benefit to consumers affected by the regulations. As discussed in this response, consumer trust is essential to maintain, especially in the context of an international event. We are also keen to ensure that no scam advertising targeting vulnerable people is given a platform at this event. We have seen scammers use tent-pole events to market scam products and services, using popularity as a sales pressure and false sense of security” – Advice Direct Scotland

In what ways, if any, do you think the proposed legislation would affect some groups of people differently than others? This might be based on where people live, their socioeconomic status or their protected characteristics.

Eight respondents left comments regarding whether the proposals would affect some groups of people differently than others.

Impact on vulnerable people or disabled people

The most prevalent theme was that EURO 2028 may impact vulnerable people or disabled people. A few respondents noted possible impact on vulnerable groups, such as older or isolated people, or disabled people. One organisation noted these groups were more likely to be the target of scams. They proposed that:

“Targeted support and protection measures be targeted to the most vulnerable people and their safety be prioritised.” – Advice Direct Scotland

Two individuals also felt that there could be an issue for disabled people. One felt signage for disabled people may be considered as unofficial advertising and that this should be avoided. Another suggested, though not directly related to the proposals, that sufficient tickets should be made available to disabled people or carers, so they were not disadvantaged in attending.

Keep tickets affordable

Although not directly related to the proposals, some respondents commented on the cost of the event for people, calling for ticket prices to be kept as low as possible or affordable for local people. One individual suggested this could reduce the potential for “contempt within groups living in poverty in the city” while another felt funding would be better spent tackling poverty in the city. This latter individual also asked if people in Glasgow had been consulted over whether the event should be held there.

One suggestion was that lower priced tickets could be made available for those who would not otherwise be able to afford them and that these should be prevented from being resold for profit through various measures. These could include restricting the number of tickets that can be bought, ensure the buyer plans to attend, obtaining contact details and undertaking ID checks. Another made a wider point that if tickets could not be resold for a profit, then commercial operators should also be limited in what they could charge to prevent overcharging.

Do you have any further comments about the regulatory context for events in Scotland? In your response you may wish to reflect on how Scotland can maintain its reputation for hosting events.

The final question asked for any further comments on the regulatory context for events in Scotland, generating comments from 13 respondents. Again, comments were not always in relation to the regulatory context, but addressed wider issues relating to either EURO 2028 or events hosted in Scotland more generally. No clear themes emerged and a range of views were provided, most of which have already been addressed earlier in this report. Additional points are noted below.

More preparation is required

Two organisations called for more preparatory work for events, including the Federation of Small Businesses who highlighted that small businesses often struggle to participate in written consultations and called for more creative means of engagement and lead in time and information to support their engagement and preparation. One individual believed the best way to encourage events to be hosted in Scotland was for maximum engagement across all sectors of the community, while another highlighted the need to consider safety and security of people near the vicinity of event zones, based on previous experience of incidents arising at football events.

“Protect events commercial interests by enabling and encouraging Scotland’s businesses to commercially share in that success.” – Individual

Festivals Edinburgh felt the context for events in Scotland could be improved by:

• Reinstating multi-agency groups that had been co-ordinated by the Scottish Government during the pandemic for signature events, as these were felt to have been useful.
• Learning from their work with Dr Beatriz Garcia on best practice in effective events governance.
• Examine the 28-day planning rule for temporary structures to determine if this takes sufficient account of the construction and demounting of event infrastructure.
• A review of the initial operation of the Civic Government (Scotland) Act 1982 (Licensing of Short-term Lets) Order 2022 to determine its impact, with a particular focus on lets of residents’ primary residences rather than the letting of people’s secondary houses.
• Reviewing the Civic Government (Scotland) Act 1982 to determine if changes to the current licensing arrangements that affect events are required:

“One area of specific interest should be the possible introduction of multi-year licensing supported by annual inspections which could replace the current annual licensing process which, by requiring the submission of the substantially similar paperwork each year, seems inefficient, causes unnecessary bureaucracy, and disproportionately impacts smaller operators. Some local authorities have advised that multi-year licences cannot be considered under the current 1982 Act and would require Scottish Government to bring forward legislation to make this possible.” - Festivals Edinburgh

Other issues

Singular responses to this question covered multiple issues and included the following:

• Adequate facilities such as toilets and cleaning operatives should be in place.
• Ensure improved vehicular access for local residents and businesses compared to EURO 2020.
• Increase public transport, particularly in the evenings and to rural areas.
• Extend financial or advertising support to other major events, to help offset the financial risk posed to commercial event organisers.
• Consumer rights should be central to discussions on the regulation of goods and services for events, to ensure consumer trust is strong and redress is straightforward.
• Improve enforcement efforts to ensure tickets are not sold for a profit and to sell them only to named individuals with appropriate identification.