UEFA EURO 2028 - proposed legislation: business and regulatory impact assessment - partial

Partial Business and Regulatory Impact Assessment for Proposed Legislation for UEFA EURO 2028

1. Title of Proposal

Proposed legislation for UEFA EURO 2028

2. Purpose and Intended Effect

2.1 Background

In October 2023, the Union of European Football Associations (UEFA) announced that the UK and Republic of Ireland will host the European Championship 2028, also referred to as EURO 2028.^[1] It is a four yearly tournament. It is held between UEFA’s national member football associations. It is one of the most prestigious international men’s football tournaments.

Scotland will co-host EURO 2028 as part of a joint UK and Ireland Championship. The event is expected to take place in Summer 2028 and last around four weeks.

Matches in Scotland will be played at Hampden Park. It is one of 10 stadiums proposed to host EURO 2028. UEFA will confirm the final match split. Glasgow will be one of nine host cities across the UK and Ireland. Hampden Park and potential fan zones at locations in Glasgow will be ‘event zones’ during the event. Legislation for EURO 2020 originally set event zones at Hampden Park, Merchant City and George Square.^[2] When the event took place in 2021, the actual event zones were at Hampden Park and Glasgow Green.

EURO 2028 as a whole is a significant economic opportunity for Scotland. It is another opportunity for Scotland to show the world that Glasgow is a vibrant, cosmopolitan, dynamic city. This will build on the legacy of recent major events. These have included the 2023 UCI Cycling World Championships and the 2024 World Athletics Indoor Championships. The Scottish Government believes that the event will reinforce Scotland’s and Glasgow’s international reputation as a major event and tourist destination.

Some mega sporting events require certain protections. For some, like the Olympics or Commonwealth Games, specific legislation may need to be put in place as a result.^[3] For EURO 2028, UEFA has requirements to protect its own and event sponsors’ and licensees’ commercial rights during the event. It also usually requires restrictions on ticket touting.

UEFA’s requirements for EURO 2028 are not yet confirmed. We expect they will be similar to EURO 2020, when Scotland was one of eleven host nations. That event was postponed to 2021 due to the COVID-19 pandemic.

An Act and Regulations were put in place in Scotland for EURO 2020.^[4] They were also supported by guidance for businesses from Glasgow City Council. The Act and Regulations drew on legislation that was put in place for the 2014 Glasgow Commonwealth Games.^[5] This experience, and initial engagement with UEFA suggests it is likely that rights protection legislation is required in order to host EURO 2028 matches in Scotland.

This partial Business Regulatory Impact Assessment outlines the evidence, engagement and careful consideration that has been undertaken to date and that is planned in relation to proposed legislation to meet UEFA’s requirements for EURO 2028.

2.2 Objective

The Scottish Government aims to sustain and develop a dynamic, resilient, and responsible events sector that is recognised as a valued part of Scotland's wellbeing economy. Securing a pipeline of mega events, like EURO 2028, is part of that approach.

For EURO 2028, it is likely UEFA will require additional protections, including relevant criminal offences and enforcements powers, around:

• Unauthorised street trading
• Unauthorised advertising
• Unauthorised resale of tickets

Any proposed legislative measures would aim to meet UEFA’s requirements by:

• prohibiting unscrupulous touting of match tickets, often at significantly inflated prices, both in person and by electronic methods. This could also support a safe and secure event taking place.
• protecting UEFA’s commercial rights and those of its sponsors and licensees, and preventing ambush marketing
• protecting the character and integrity of EURO 2028 by eliminating inappropriate advertising and street trading, including pedlars
• controlling advertising in designated areas to support the safety and the free flow of spectators to and from the event zones

The Scottish Government wants to ensure that the proposed measures are targeted and proportionate, drawing on experience from EURO 2020, which had similar requirements in Scotland. The objective is to meet UEFA’s likely requirements for EURO 2028 around street trading, advertising and ticketing while allowing the vast majority of businesses in Glasgow to operate as normal.

2.3 Rationale for Government Intervention

Mega events such as UEFA EURO attract large audiences and have positive values associated with their brand. This makes them attractive to businesses seeking to promote their goods or services. Such businesses often pay significant sums to the organisers of these events to become officials sponsors and licensees. This secures them the exclusive right to promote themselves and their goods or services as associated with the event.

Selling these commercial rights provides significant revenue for the event. Without it, an event might have to rely more heavily on public funding. We have heard from the events sector that it has been more challenging to secure sponsorship and other types of commercial revenue following the pandemic, with many previous sponsorship arrangements having been scaled back because of increased costs for sponsors or changes in their commercial priorities.^[6] This makes protecting sponsors’ and other commercial rights even more important.

If sponsors and other commercial partners are not confident that such sponsorship and commercial rights are exclusive, it can reduce their value as a source of revenue. Ambush marketing is when companies or advertisers try to capture these benefits without the event organiser’s permission. It is also called parasitic marketing. These companies gain the benefits of association through unauthorised advertising and promotion without paying the sponsorship fee. Not paying this fee also allows them to put more resource into traditional marketing activities. This makes it more difficult for an event to attract private investment, which undermines its revenue base. UEFA obliges host nations to put in place protections against ambush marketing to project major events rights owners and their commercial partners.

Often ambush marketing creates an association through being close to or intruding into venues where the event is being held. Ambush marketers could put in place adverts (such as banners or blimps) around venues. They could also hand out free branded merchandising (such as T-shirts) to spectators that could be carried into venues. These adverts could then be seen by spectators or picked up on television.

The Town and Country Planning (Scotland) Act 1997, the Trade Marks Act 1994, the Trade Descriptions Act 1968, the Control of Misleading Advertisements Regulations 1988 and the common law of “passing off” already provide some protection against these activities. Nonetheless, the nature of this protection, coupled with the short term, high profile nature of EURO 2028 means that it could be targeted by ambush marketing strategies which could operate successfully within the law.

Current laws in Scotland are unlikely to meet UEFA's requirements to host EURO 2028. The proposed legislation would help to ensure successful delivery of EURO 2028 by meeting the likely requirements during the period of the event. It would prohibit ticket touting, which is considered to benefit the public as a whole. It would also strengthen restrictions on street trading and advertising.

UEFA’s requirements are likely to include restricting street trading in and around event zones. There would be an event zone around Hampden Park (using the event zone for EURO 2020^[7] as a basis), and an event zone in part of Glasgow City centre. For EURO 2020, trading was the sale or offer for sale, in an open public place, of an article or service.

Restrictions on street trading can help manage the flow of people into and out of the event zones by keeping thoroughfares clear. It is intended to restrict market clutter, prevent inappropriate marketing, and protect the high standards associated with the event. It also aims to protect the integrity of the event and prevent over-commercialisation.

UEFA’s requirements are likely to include restrictions on advertising within and around the events zones, to control advertising space during the event. The reasons for this are not only financial. They are intended to restrict market clutter, prevent inappropriate marketing, and to protect the high standards associated with the event. They are also aimed at protecting the integrity of the event and preventing over-commercialisation.

Demand for tickets for EURO 2028, both in Glasgow and in other host cities, is expected to exceed the number of tickets that will be available. UEFA is the only authorised seller of Championship tickets. In the past, UEFA has had its own fan resale platform. People who had purchased tickets that they then could not use were could then sell these at face value on the platform. Prohibiting ticket touting both in person and online would act as a deterrent to touts who would seek to profit (potentially significantly) from resale of tickets. Prohibiting unauthorised resale could also contribute to the safety and security of the event. Proposed legislative measures on ticket touting would apply throughout Scotland, and apply to touting both in person and by electronic methods. This would meet likely UEFA requirements to protect its rights.

In early discussions on measures, UEFA has suggested that measures on ticketing for EURO 2020 in Scotland were not sufficient. This is because resale was only prohibited at or above face value or at a profit. UEFA would prefer that the proposed legislation for EURO 2028 prohibits any unauthorised resale, and that it does not include a charity exemption or any other exemption.

In the absence of the proposed legislation, it is considered highly likely that ticket touting and unauthorised advertising and street trading would occur. We would be unable to provide the necessary level of rights protection required to host the event. Government intervention is therefore considered necessary to meet UEFA’s likely requirements and enable Scotland to co-host EURO 2028.

Proposed legislation would look to provide enforcement of measures related to trading, advertising and ticket touting. These would be enforced by Police Scotland and designated, experienced enforcement officers appointed by Glasgow City Council. This is considered appropriate given the likely nature of the proposed offences and the need to target resources effectively.

We propose that guidance for street traders and other businesses would be issued to help them to understand and comply with the street trading and advertising measures.

Subject to consultation and parliamentary approval, the proposed legislation would consist of provisions on trading and advertising, ticket touting, the location of the event zones and when they would be in operation, and Enforcement Officer criteria. The Scottish Government will engage with businesses and others that are expected to be affected when developing these provisions.

Overall, the proposed legislation will aim to ensure the right balance between supporting local traders, minimising disruption for local people and businesses while protecting the integrity of EURO 2028 by restricting street trading and advertising in event zones. This will help to ensure successful delivery of the event.

In enabling Scotland to co-host EURO 2028, the proposed legislation would support the wider outcomes of the Scottish Government of growing equality and tackling poverty as set out in the Programme for Government, and the outcomes in the National Strategy for Economic Transformation. The event is expected to contribute to a number of National Outcomes in the National Performance Framework. In particular, it is expected to contribute to the Economy and International National Outcomes, including by driving tourism and hospitality, and by providing exposure for Scotland’s nation brand and generating profile for Glasgow.

Initial analysis predicts cumulative socio-economic benefits of up to £2.6 billion (€3 billion) from EURO 2028 for the UK & Ireland overall. Further work will be done over the coming years to continue to assess socio-economic benefits. UEFA finals and tournaments traditionally attract a large number of international visitors, who often visit for a significant period of time and are evidenced to contribute materially to the host nation’s economy. The 2007 UEFA Cup Final held at Hampden, between two Spanish clubs, generated gross spend of over £16.3 million. Against the backdrop of Covid-19 restrictions, with reduced capacities at four matches and minimal overseas fans, EURO 2020 saw gross direct spend of £5.6 million in Glasgow. The reported worldwide television audience for EURO 2020 was 5.23 billion.

The EURO 2028 partnership is planning a legacy programme to spread the societal benefits of this event across Scotland and beyond. Previous football-themed social programmes have been able to demonstrate a range of social benefits. For example, football Memories Scotland, which supports people with memory loss conditions, was a partner o the EURO 2020 legacy programme. The Social Return on Investment (SROI) model, created by UEFA, demonstrates the impact football can have in communities. The SROI reports that community football in Scotland is worth £728 million per year and has significant, health, social and economic outcomes.^[8]

3. Consultation

3.1 Within Government

The Scottish Government has consulted delivery partners on the proposed legislation. Within Scottish Government, this has included: Directorate for Chief Economist; Directorate for Performance, Delivery and Resilience; Directorate for Justice; and Directorate for Safer Communities.

Other government and enforcement bodies consulted include: UK Government Department for Culture, Media and Sport (DCMS), Welsh Government, Northern Ireland Executive, Government of Ireland, UK Sport, the Crown Office and Procurator Fiscal Service (COPFS), the Scottish Courts and Tribunals Service (SCTS), Police Scotland, Glasgow City Council and Glasgow Life. To date these discussions have informed early shaping of proposed legislation options to support delivery of EURO 2028.

3.2 Public Consultation

This Partial Business and Regulatory Impact Assessment has been published alongside a public consultation. Through the process of bidding for EURO 2028 and through further discussions to progress hosting, Scottish Government have consulted with bid partners to assess legislative requirements. Bid partners include the football associations and government administrations and agencies of Scotland, Wales, England, Northern Ireland and the Republic of Ireland. UEFA has also been consulted on its likely requirements for hosting EURO 2028.

The public consultation will run for 12 weeks, closing on 26 July 2024. It seeks views on:

• What the impacts were of the measures put in place for UEFA EURO 2020, which took place in 2021.
• How business could be impacted by the measures that are likely required by UEFA for EURO 2028
• What kinds of measures and exemptions would be most appropriate to meet likely UEFA requirements

3.3 Business

Through public consultation, there will be engagement with businesses that could be affected by the proposed legislation. There will be further engagement with partners to identify possible businesses to discuss these matters with. Once identified, there will be a series of targeted face-to-face or virtual meetings as appropriate to discuss any potential implications.

In 2019, prior to introducing the Bill that became the UEFA European Championship (Scotland) Act 2020, Scottish Government worked with Glasgow City Council to identify the businesses, other organisations and individuals who were potentially affected by the Bill. This was mainly street traders, media owners and other businesses based in the proposed event zones which had external advertising (for example, bars and restaurants). Scottish Government, Glasgow City Council and other partners held two drop-in sessions to engage with street traders and local businesses who might be affected to better understand any concerns they may have had, and any changes to the approach in the Bill that might be possible in order to respond to such concerns. Individual meetings were offered to businesses that could not attend the drop-in sessions. There were a number of telephone calls with individual street traders and businesses, and the Scottish Government also attended the Hampden Park area before a Scotland match to raise awareness of the proposals with street traders, and offer follow up engagement on the detail.

Most of the businesses in the George Square and Merchant City zones that attended the two drop-in sessions were generally content with what was proposed on advertising and street trading at that time. Feedback from these was that the advertising restrictions would have a minimal impact on them and the recognised the likely positive economic impact of the event. However, it should be noted that not all businesses in the event zones attended the drop-in sessions. The businesses that did attend were often concerned about road closures and what was planned in terms of public transport given the number of people that would be in the city, neither of which were affected by the proposed legislation.

Other points raised during the drop-in sessions and a follow up phone call with a street trader on EURO 2020 legislation included: costs to business of covering or removing advertising; street trader concerns about the size of the event zones and competition for alternative trading locations; and the need for good communication about the restrictions so businesses knew what was and was not permitted.

4. Options

4.1 Option 1: Do nothing

Without the proposed legislation, Scotland would have to rely on existing legislative provision. Relevant existing powers are as follows:

Street Trading – In Scotland, street trading is regulated under the Civic Government (Scotland) Act 1982, administered by local authorities. The 1982 Act provides for a street trader's licence to be required for trading by a person whether trading on their own or as an employee. There are certain exemptions set out, relating to the sale of certain goods, and for activities in respect of which a pedlar's certificate has been granted. However, governance under the Civic Government (Scotland) Act 1982 is generally not sufficient to meet UEFA’s likely requirements. This is largely due to the inability to suspend current licences in the event zones on particular days and limit trading to approved event sponsors. Further, the Pedlars Act 1871 lets a chief officer of their area grant a Pedlar's Certificate when an application is made.^[9] This means that under current legislation, a pedlar can obtain a certificate in any part of the UK and turn up at a host city to trade. A Pedlar must not regularly trade at the same pitch or set out goods on a stall or pitch.

Advertising – In Scotland the display of advertisement is controlled by the Town and Country Planning (Control of Advertisements) (Scotland) Regulations 1984. Local authorities are responsible for the day-to-day operation of advertising control. The Town and Country Planning (Control of Advertisements) (Scotland) Regulations 1984 give local authorities the ability to require the removal of illegal advertisements on private property. However, the removal process is too slow to enable Glasgow City Council to deal effectively with advertisements installed during EURO 2028. Ambush marketers in particular are becoming particularly innovative in finding ways to associate their brand, in an unauthorised fashion, with large scale high profile events.

Ticketing – Scots law restricts ticket touting through section 55 of the Civic Government (Scotland) Act 1982. This does not specifically criminalise the touting of tickets but rather causing annoyance, either to persons being approached to purchase tickets, or any other person who has reasonable grounds to be annoyed by the selling operation. The offence can be committed only by touting in a public place, and therefore does not cover ticket touting by electronic methods. Furthermore, the offence arises only where touting has continued in spite of a request from a constable in uniform that the tout desists. The Civic Government (Scotland) Act 1982 is not truly concerned with the prevention of ticket touting but rather the prevention of a public nuisance. As such, it would not satisfy UEFA’s likely requirements. In addition, anyone selling a ticket would have to provide information regarding the face value, location, any unique ticket number and any restrictions or conditions as per the Consumer Rights Act 2015 Chapter 5. Any ticket conditions (such as prohibiting resale) could be enforced at the stadium to try to discourage touting. However, by that point the person buying the ticket would be the one affected, rather than the person selling the ticket. This is unlikely to discourage ticket touts, though it may help to discourage the public from buying touted tickets. For street trading of tickets, if this is not licensed under the Civic Government (Scotland) Act 1982 an offence will have been committed.

Existing legislation was not drafted to support an event like EURO 2028. It is therefore insufficient for example, to prevent illegal ambush marketers from benefiting from an association with EURO 2028. Nor is it considered sufficient to discourage ticket touting.

Overall, relying solely on existing legislation would not act as a sufficiently strong deterrent to ambush marketing and illegal trading. Without the proposed legislation, Scotland would likely be in breach of its agreement with UEFA.

4.2 Option 2: Framework legislation

While the legislative proposals arise from a need to meet likely UEFA requirements for EURO 2028, a more general provision could be made to meet the likely needs of future mega events. A more general piece of legislation could provide a consistent framework for applying rights protection requirements for mega events, or a sub-set of mega events. Such a legislative framework could strengthen the chances of future mega events bids being successful, as rights holders would have greater certainty of appropriate legislative provision. The Major Events Act 2009 in Victoria, Australia is an example of general major events framework legislation from another jurisdiction.

More general legislative protections for events rights owners and sponsors for mega events could impact on the rights of existing businesses in the area a mega event was held. There is a risk that framework legislation may not meet the exact requirements for specific mega events and that amending it to do so may present difficulties. While an increasing number of rights holders may look for legislative provision, not all mega events hosted in Scotland have required this. The 2014 Glasgow Commonwealth Games and UEFA EURO 2020 did require legislation. The 2018 European Championships and the 2023 UCI Cycling World Championships did not.

The need for framework legislation for mega events was not a strong theme in responses to the recent public consultation on the national events strategy. However, there was no specific question on this in the consultation. Ongoing engagement with events stakeholders has indicated that some parts of the sector might welcome, for example, provisions around Police Accredited Traffic Officers (PATOs). Such officers could undertake some traffic management roles at events that must currently be done by Police Scotland. This would bring Scottish provision into line with England and Wales and could enable more choice for traffic management at events.

4.3 Option 3: Bespoke EURO 2028 legislation – Proportionate and limited restrictions (preferred option)

In meeting UEFA's likely requirements for rights protection, the Scottish Government wants to create a backdrop that will be fit to present Scotland's celebration of EURO 2028 locally and to the world. This includes Hampden Park, where there will be spectators and extensive television camera coverage. It may also include parts of Glasgow City centre, where it will be important to create the celebratory look and feel of EURO 2028. This should safeguard sponsor brand association rights and could support the safe and free flow of spectators.

Street Trading – Measures would be expected to restrict street trading activity, including pedlars, in the event zone area around Hampden Park, and an event zone in part of Glasgow City centre. For EURO 2020, trading was the sale or offer for sale in an open public space, of an article or service. Street trading by a non-UEFA partner would not be allowed when the event zone was operational. For Hampden, this would be for the whole tournament and a period before this. There could be exemptions to this. For EURO 2020, exemptions included permission for selling newspapers, busking, and public transport services.^[10] There would be guidance for street traders and other businesses to help them to understand and comply with the street trading measures. There would be penalties for committing a street trading offence. For EURO 2020, these were:

• On summary conviction, a fine not exceeding £20,000
• On conviction on indictment, to a fine

Advertising –Measures would be expected to restrict outdoor advertising activity and commercial distributions in the event zone area around Hampden Park, and an event zone in part of Glasgow City centre. Advertising that did not have agreement from UEFA as an official sponsor would not be permitted when the event zone was operational. There could be exemptions to this. For EURO 2020, exemptions included demonstrating support for or opposition to the views or actions of any person, and publicising political or religious beliefs, causes or campaigns. There would be penalties for committing an advertising offence. For EURO 2020, these were:

• On summary conviction, a fine not exceeding £20,000
• On conviction on indictment, to a fine

Ticketing – Measures would be expected to prohibit ticket touting both in person and online. It would provide a basis for both preventative and punitive action in the event of any breach. There would be penalties for committing a ticket touting offence. For EURO 2020, a person convicted of a ticket touting offence was liable on summary conviction to a fine not exceeding level 5 on the standard scale. This is £5,000. The approach the Scottish Government takes in proposing maximum fine levels for legislation is that offences which attract a Level 5 (£5,000) penalty should be capable of causing, or be liable to cause, substantial and direct damage to the property or interests of others or of the community as a whole. The Glasgow Commonwealth Games Act 2008 originally considered the appropriate penalty for ticket touting and established a precedent for using a maximum fine level of £5,000 through Scottish legislation for relevant events where ticket touting needs to be regulated. Since then, there has been an increase in the use of the internet and smartphones. This could make it easier for significant profit to be made from touting at scale (rather than an individual touting one or two tickets). We are considering whether a penalty of £5,000 remains appropriate or if it should be set at a higher level. For example, it may be considered appropriate for it to be adjusted to be in line with the penalty for the street trading and advertising offences (£20,000). Separately, it is noted that the penalty in Scotland for touting Birmingham Commonwealth Games tickets (which was set through UK Government legislation) was a fine not exceeding £50,000.^[11] However, other legislation in force in England and Wales sets the penalty at £5,000.^[12]

The Scottish Government recognises the need for effective enforcement activity. It is also important that an undue burden is not imposed on the pool of resource available to carry out relevant activity. Legislation similar to that which was put in place for UEFA EURO 2020 would allow Glasgow City Council to designate Trading Standards Officers as enforcement officers. It would also allow for Scottish Ministers to specify criteria for others who could also be designated as enforcement officers. The extent of enforcement officers' powers would be considered carefully in developing proposed legislation, so that appropriate restrictions can be placed on these. Examples of such restrictions might include:

• An infringing article may only be destroyed if it concerns the advertising offence and if the officer does not consider seizing or concealing the article to be a reasonable alternative course of action in the circumstances
• Power to enter and search a home are restricted to reasonable times when the officer is accompanied by a police constable, or where a sheriff has granted a warrant

The proposed measures would aim to ensure the effective running of the event. They would not be required once the event was completed. They would therefore end a reasonable period after event activity finished. There is no proposed legislation in relation to any of the broader preparations to host EURO 2028, nor would it apply to any other events.

5. Sectors and Groups Affected

The key purpose of the proposed legislation is to regulate street trading and advertising and ticketing activity for the reasons outlined under the policy objectives. The sectors and groups affected for each option are outlined below, with a brief description of how they would be affected.

6. Option 1: Do nothing

Without the proposed legislation, there could be a breach of the agreement with UEFA to host.

The rights and investment of UEFA’s official partners in relation to the tournament would be undermined.

Street traders and businesses that would otherwise have been in the Glasgow event zone(s) for EURO 2028 would be unaffected by restrictions. Other businesses in Glasgow and Scotland more generally would not benefit from the opportunity hosting presents if matches were not played at Hampden as a result of the measures not being in place.

Local authority and Police Scotland enforcement activity would relate only to existing provision in law.

6.1 Option 2: Framework legislation

Street traders operating in areas across Scotland that could be designated event zones for a range of (yet to be designated) events in future. Street traders, including pedlars, could be restricted from operating in these zones at event time. This would include event zones in Glasgow during the period EURO 2028 is being hosted.

Businesses seeking to advertise in areas across Scotland that could be designated event zones for a range of (yet to be designated) events in future. Businesses in these zones could be restricted in their outdoor advertising and commercial distributions at event time. This would include event zones in Glasgow during the period EURO 2028 is being hosted.

Those seeking to resell, or purchase resold, tickets for (yet to be designated) future events in Scotland would require authorisation to do so. This would include event zones in Glasgow during the period EURO 2028 is being hosted.

Rights holders of (yet to be designated) future events could offer greater assurance of exclusivity to sponsors. Sponsors may be willing to spend more if given such assurance, which could increase revenue for rights holders. This would include the rights holder (UEFA) and sponsors of EURO 2028.

Local authorities and Police Scotland would be expected to enforce measures on street trading, advertising and ticket touting for (yet to be designated) future events. This would include enforcement for EURO 2028.

6.2 Option 3: Bespoke EURO 2028 legislation – Proportionate and limited restrictions (preferred option)

Street traders, including pedlars, would be restricted from operating in the designated event zone(s) in Glasgow during EURO 2028.

Businesses would be restricted in advertising outdoors in the designated event zone(s) in Glasgow during EURO 2028.

Those seeking to resell, or purchase resold, tickets for EURO 2028 would be required to do so at face value, if the measures are similar to EURO 2020. UEFA would prefer that the proposed legislation for EURO 2028 prohibits any unauthorised resale.

UEFA could offer greater assurance of exclusivity to sponsors of EURO 2028, which could increase revenue from this source.

Glasgow City Council and Police Scotland would be expected to enforce measures on street trading, advertising and ticket touting for EURO 2028.

7. Benefits

7.1 Option 1: Do nothing

It is expected that EURO 2028 would still go ahead under this option, but Scotland would likely be in breach of its agreement with UEFA. There is a risk that UEFA would not permit Scotland to host matches.

The Scottish Government would save resource from not developing proposed legislation any further. This resource could be diverted to other Scottish Government work.

Without any enhanced legislative provisions to enforce, there would less need for increased resource from Glasgow City Council and Police Scotland. Costs for EURO 2020 were estimated at £45,000-£85,000 for Glasgow City Council and £5,000 for Police Scotland.^[13] around £51,000-£97,000 and £5,700 respectively in current prices after accounting for inflation.^[14] These costs may also see non-inflationary changes due to changes in the funding landscape of relevant authorities. This would be a saving of resource compared to the other options.

7.2 Option 2: Framework legislation

General provision for mega events could meet UEFA’s likely requirements for hosting EURO 2028.

In addition to the benefits outlined for the proposed legislation for EURO 2028 only (Option 3), this option would help Scotland “future proof” itself for other mega events in future years that may require rights protections. This could increase the range of hosting opportunities Scotland could consider and derive benefit from. In so doing, it could more strongly fulfil the 2023/24 Programme for Government commitment to support a pipeline of strong hosting opportunities.

Framework legislation might create an opportunity for rights holders of other large scale events in Scotland to seek similar protections to those proposed for EURO 2028. It could also seek to address a wider range of points identified by the events sector. This could benefit a larger number of event organisers in Scotland.

A consistent approach to measures for mega events and associated enforcement could make it easier for Scottish Government, Local Authorities and Police Scotland to plan and budget for such events.

7.3 Option 3: Bespoke EURO 2028 legislation – Proportionate and limited restrictions (preferred option)

The proposed legislation would meet commitments that have been made to UEFA on protection of commercial interests. It will help to ensure successful delivery of the event, which will bring broader economic benefits to Glasgow and Scotland. This may help Scotland's chances in securing any future mega events.

Glasgow residents and visitors would benefit from a celebratory look and feel where there is EURO 2028 related activity.

By ensuring that sponsors’ and licensees’ exclusive rights to associate their brands with the EURO 2028 is safeguarded, the proposed legislation will maximise potential sponsorship funding for the event. This should help to limit the amount of public money required to deliver the event.

Proposed provisions in relation to ticket touting will reduce the likelihood of this being attempted. This protects UEFA’s commercial interests and would also benefit members of the public, who might otherwise buy tickets at inflated prices and still be unable to attend the matches due to the ticket terms and conditions. UEFA’s current terms and conditions prohibit resale and transfer save in the explicit circumstances permitted by those terms and conditions. For example, tickets purchased from a secondary ticket platform or social media are invalid under UEFA’s current terms and conditions. Prohibiting unauthorised resale could also contribute to the safety and security of the event.

By directing measures to cover only EURO 2028, any negative impacts are clearly limited to a particular place and time, and can be consulted on, providing those affected to provide a view on impacts. This includes the costs of measures to Police Scotland and Glasgow City Council, and any adverse impacts to local businesses from restrictions to advertising and street trading.

There is no uncertainty of the proposed legislation applying to other events, places or times.

8. Costs

8.1 Option 1: Do nothing

Scottish Government would not propose legislation for parliamentary consideration. UEFA's requirements would likely not be met.

If UEFA did not permit Scotland to host, Glasgow and Scotland may still see some economic and social benefit from the UK and Ireland hosting EURO 2028, for example, through visitor tourism. But it is likely that this would be much more limited than if Scotland were a co-host.

There may be a reputational cost to Scottish Government and Scotland as an event host in not meeting assurances that have been provided to UEFA as a condition of hosting the event. This could limit Scotland’s ability to secure future event opportunities, and the economic and social benefits attached to them.

Current provision on ticketing could result in members of the public buying tickets at inflated prices and still being unable to attend the matches due to the ticket terms and conditions. Not prohibiting unauthorised resale could add risks to the safety and security of the event.

If UEFA did permit Scotland to host, the lack of more detailed legislative provision to prevent unauthorised advertising or street trading activity may make it more difficult for UEFA to secure investment commitment from sponsors, for example to purchase advertising space.

8.2 Option 2: Framework legislation

There would be costs to Scottish Government, Local Authorities and Police Scotland in scoping and developing proposals, as well as to businesses to engage with and contribute to proposals. This would be more extensive than for Option 3 because framework legislation would affect people, organisations and businesses across Scotland on an ongoing basis.

It is uncertain how many rights holders would seek protections through framework legislation for mega events or how frequently. This means a more uncertain impact on local businesses from advertising and street trading restrictions. Due to infrastructure requirements for mega events, impacts would most likely affect businesses in Glasgow and Edinburgh. However, the 2025 Tall Ships Races in Aberdeen and the 2025 International Island Games in Orkney are examples of large scale events hosted in other parts of Scotland. The recent UCI Cycling World Championships also spread events around Scotland, including to Fort William, the Scottish Borders, and Dumfries and Galloway.

There would likely be ongoing costs for Police Scotland, Glasgow City Council and other local authorities to ensure sufficient capacity to enforce legislative measures for events. Again, it is relatively uncertain how many future mega events in Scotland might require this provision and therefore what these costs would be. However, we could expect these costs to have longer term impacts than the specific and short term provision for EURO 2028 only.

Framework legislation would likely require some kind of assessment process for eligible events. There would be costs to an authority assessing a specific mega event and to others. This would likely include rights holders, event organisers, local authorities, VisitScotland, Police Scotland and Scottish Government.

Given the more complex and wider scope of framework legislation, there is a risk that impacts could not be sufficiently scoped and understood with key stakeholders within the time available. This risks longer term unintended costs from framework provisions. There would also be a risk that legislative provision was not put in place within the timescales required for EURO 2028. This could risk a more rushed bespoke provision to meet UEFA’s requirements for hosting EURO 2028 with less time for scrutiny or even failure to meet the requirements altogether. If UEFA’s requirements were not, this would incur similar costs to Option 1.

8.3 Option 3: Bespoke EURO 2028 legislation – Proportionate and limited restrictions (preferred option)

There would be costs to Scottish Government, Local Authorities (mainly Glasgow City Council) and Police Scotland in scoping and developing proposals, as well as to businesses to engage with and contribute to proposals. This may cost less than for Option 2 because the effect of the advertising and street trading proposals is limited to EURO 2028 in Glasgow, and the ticket touting provisions to EURO 2028.

The main costs of the proposed legislation itself are for Glasgow City Council in relation to enforcement activity that is required to ensure compliance. For EURO 2020, these costs were estimated at £45,000-£85,000,^[15] around £51,000-£97,000 in current prices after accounting for inflation.^[16] These costs may also see non-inflationary changes due to changes in the funding landscape of relevant authorities. Glasgow City Council would incur these costs from early 2028 until the event ends (and a short period following), with the bulk of costs arising during the tournament in Summer 2028. There would also likely be some small costs to other organisations including Police Scotland, the Scottish Government, SCTS and COPFS. For EURO 2020, the overall cost to these five public sector organisations was estimated at £80,000-£130,000,^[17] around £90,000-£148,000 in current prices after accounting for inflation.^[18] These costs may also see non-inflationary changes due to changes in the funding landscape of relevant authorities.

There would be costs to businesses in Glasgow affected by restrictions on advertising and street trading in event zones. Provision could include a duty for Glasgow City Council to offer affected traders alternative trading arrangements to mitigate the impact of the restrictions and allow them to still benefit from the opportunity the Championship represents.

Subject to discussions with UEFA, provisions could allow certain advertising that is in place in the event zones to remain such as fixed/permanent branding of businesses, to help to minimise the impact of the advertising restrictions on businesses. This would not permit any advertising installed specially for EURO 2028 in addition to usual branding. If so, there would be a cost to Glasgow City Council in carrying out an audit of existing branding before the event.

9. Regulatory and EU Alignment Impacts

9.1 Intra-UK Trade

No, this measure is not likely to impact on intra-UK trade.

The provisions (particularly Parts 1-3) of the United Kingdom Internal Market Act 2020 are not relevant to the measure – including the implications of the Act for planned policy and any associated impacts on Scottish businesses, people, and policy outcomes.

The Scottish Government is working closely with the UK Government, Welsh Government and Northern Ireland Executive on EURO 2028. This measure is likely to limit policy divergence across UK nations in relation to hosting EURO 2028.

The measure does not fall within the scope of an existing Common Framework agreement.

9.2 International Trade

No, this measure is not likely to impact on international trade and investment.

It will not have a significant impact on imports or exports of a specific good or service, or groups of goods or services. Where it does (for example ticketing), it does not include different requirements for domestic and foreign businesses.

Despite the split hosting of UEFA Euro 2028 and the tournament being by definition international, it does not have the potential to affect trade flows with one or more countries.

9.3 EU Alignment

This measure is not likely to impact on the Scottish Government’s policy to maintain alignment with the EU.

It does not affect the Scottish Government’s commitment to maintain and advance the high standards that Scotland shares with the EU.

It does not affect access to EU markets for people, goods, and services.

There are no potential implications for EU alignment associated with the United Kingdom Internal Market Act 2020 or Common Framework agreements.

10. Scottish Firms Impact Test

The proposed legislation would have an impact on a relatively small number of street traders and other businesses in comparison to those operating in Glasgow as a whole. Only external advertising and trading is captured by suggested restrictions. Many existing businesses in these zones could therefore continue to trade unaffected, though outdoor areas would be affected. Certain advertising in place in the event zones could be allowed to remain if the proposed legislation were to come into force, minimising the impact on business. If the proposed legislation included a duty on Glasgow City Council to offer affected street traders alternative trading arrangements, this would mitigate the impact on this group.

11. Competition Assessment

Will the measure directly or indirectly limit the number or range of suppliers?

The proposed legislation would limit the number of street traders operating in the event zone(s) while they were in operation. The Scottish Government anticipates that the impact on street traders could be mitigated if a duty were placed on Glasgow City Council to offer them alternative trading arrangements.

Will the measure limit the ability of suppliers to compete?

Restrictions on trading and advertising in the event zones for specified event periods could have some impact on competition. This could likely benefit EURO 2028 sponsors and authorised traders, who would be able to operate in event zones with reduced competition. We think that this impact on competition is proportionate given the overall size and economic benefit of the event to Glasgow (and Scotland) as a whole. Where the proposed legislation applies, it would be for a short time and within a limited geographical area. This would not make a permanent change to business.

In relation to advertising, the Scottish Government is consulting on exemptions to the proposed advertising offence. Examples of advertising that might be exempted include: certain advertising to which the Town and Country Planning Regulations 1984 do not apply (because, for instance, it forms part of the fabric of a building); and advertising to commemorate events. This would help to minimise the impact on businesses and their ability to compete.

Will the measure limit suppliers' incentives to compete vigorously?

The proposed legislation is not expected to limit suppliers’ incentives to compete vigorously.

Will the measure limit the choices and information available to consumers?

The proposed legislation is not expected to limit the information available to consumers. It may limit the choices of consumers within the designated event zone(s) specifically for the time that they are in operation, but is not expected to limit their choices overall or in the long term.

12. Consumer Assessment

Potential Bill and regulations should not affect the essential services market. The provisions would limit the number and range of suppliers in the event zones when these are in operation (providers of food, beverages and Championship memorabilia, in the main), however, other businesses in the zones such as those based inside buildings (such as bars, shops and restaurants) should be able to operate as normal. Provisions are considered to be proportionate as they would only apply to the relatively small geographical area covered by the event zones and would only be in effect for a short period of time around the time of the event.

We also expect that there will be a positive impact of the Bill and regulations for consumers as a result of people being assured that they are buying official merchandise. Creating a criminal offence of ticket touting is expected to discourage this practice and allows for action to be taken to punish ticket touting both in person and by electronic methods. For these reasons, the Bill and regulations are considered to reduce opportunities for unscrupulous suppliers to target consumers.

The provisions are not considered to have an impact on consumers' ability to seek advice. It will be possible for consumers to inform enforcement officers of breaches of the restrictions so that these can be addressed, as appropriate. The policy will not affect the information available to consumers on either goods or services, or their rights in relation to these. The policy does not involve storage or increased use of consumer data.

13. Test Run of Business Forms

At this stage we do not think that the proposed legislation would result in new business forms.

In order to ensure affected businesses and others were aware of and understanding the restrictions, Glasgow City Council would publish guidance. Awareness raising through local press and other media channels would be another consideration, as appropriate.

14. Digital Impact Test

Proposed legislation would make it an offence to tout a EURO 2028 ticket, either electronically or in person. This is considered to be important as increasingly there are opportunities to tout tickets electronically, through both public and private methods (such as WhatsApp groups). As such, the proposed legislation would be taking account of changing digital technologies. Its aims could not be circumvented by digital or online transactions.

15. Legal Aid Impact Test

Proposed legislation is considered to have minimal implications in terms of legal aid. While any individual (excluding a “body corporate or unincorporate”) is entitled to advice and assistance on a matter of Scots law, subject to financial eligibility and liability to pay a contribution, the number of prosecutions of individuals as a result of the proposed legislation is expected to be very low. Prosecution would be expected to be a last resort and the potential impact is also reduced due to the time-limited nature of the proposed measures.

Any individuals prosecuted for any alleged breaches of the new legislation, would also be entitled to apply for criminal legal assistance, subject to the usual financial eligibility and any appropriate interests of justice tests, which may apply.

16. Enforcement, Sanctions and Monitoring

EURO 2028 will be a large event, hosted in Glasgow. It will attract significant levels of commercial activity in public spaces in the proximity of the event venue, unless it is proportionately controlled. It is essential that trading and advertising is managed safely, for residents and visitors alike, or the integrity of the Championship will be affected. The proposed legislation should strengthen the ability of Glasgow City Council and Police Scotland to regulate and enforce activity at the right level to ensure this is the case.

17. Implementation and Delivery Plan

Following public consultation, the Scottish Government will consider the options available with delivery partners with a view to fulfilling UEFA’s requirements in time for EURO 2028.

18. Post-implementation Review

The proposed legislation would cease to be in effect a short period after the end of EURO 2028. How the measures performed in that time would be evaluated as part of wider evaluation of EURO 2028 delivery as a whole.

19. Summary and Recommendation

The Scottish Government recommends Option 3 – Bespoke EURO 2028 legislation to meet UEFA’s likely requirements for hosting EURO 2028 through proportionate restrictions on trading, advertising and ticket touting.

This would meet the requirements to co-host the event. It would protect against ambush marketing, protect sponsorship rights, and proportionately restrict trading activity to meet the key objectives already set out. It would do so while ensuring, as far as possible, that existing businesses can continue to operate as usual.

19.1 Summary costs and benefits

Option 1

Total benefit per annum:

- economic, environmental, social

Scottish Government:

• Resource saved in not developing legislation

Glasgow City Council:

• Resource saved from not having to enforce enhanced legislative provisions

Police Scotland:

• Resource saved from not having to enforce enhanced legislative provisions

Total cost per annum:

- economic, environmental, social

- policy and administrative

Scotland:

• If not permitted to host, reduced economic and social benefit from EURO 2028
• If reputational damage, future loss of economic and social benefit from other mega events

Scottish Government:

• Reputational damage from not meeting assurances
• If UEFA has difficulty securing sponsor commitments, increased costs for event delivery

Members of the public:

• Inflated ticket costs with risk of being unable to attend matches due to ticket terms and conditions
• Public vulnerable to market clutter and counterfeit goods
• Potential added risks to the safety and security of the event

Option 2

Total benefit per annum:

- economic, environmental, social

Scotland:

• If sufficient provision in place in time, economic and social benefits of hosting EURO 2028
• If sufficient provision in place in time and EURO 2028 delivery is successful, potentially increased chance of securing future mega events
• Potentially increased chance of winning bids for some mega events due to clarity of legislative provision, and the economic and social benefits attached to them

Scottish Government:

• If sufficient provision in place in time, maintain reputation by meeting assurances
• If UEFA does not have difficulty securing sponsor commitments, controlled costs for event delivery
• Resource efficiency in planning and budgeting for mega events from consistent approach to proposed legislative measures and enforcement

Local Authorities (across Scotland):

• Resource efficiency in planning and budgeting for mega events from consistent approach to proposed legislative measures and enforcement

Police Scotland:

• Resource efficiency in planning and budgeting for mega events from consistent approach to proposed legislative measures and enforcement

Rights holders of large scale events (including UEFA)

• Clarity of available legislative provision for rights protection around mega events hosted in Scotland
• If sufficient provision in place in time, UEFA’s requirements are met
• Facilitates ability of rights holder to procure sponsorship and other commercial revenue, ensuring financial viability of the event

Mega event organisers in Scotland:

• Opportunity for other measures to support successful event delivery, such as traffic management or licensing.

Total cost per annum:

- economic, environmental, social

- policy and administrative

Scotland:

• If complexity leads to insufficient scoping, potential increased costs to multiple interests
• If complexity leads to provisions not being in place in time, potential loss of EURO 2028 hosting opportunity and attached economic and social benefits due to UEFA requirements not being met
• If complexity leads to provisions not being in place in time, reduced chance of securing future mega events and attached economic and social benefits due to reputational damage

Scottish Government and / or VisitScotland:

• Scoping and development of legislative proposals
• Resource to support an assessment process
• If complexity leads to insufficient scoping or provisions not being in place in time, reputational damage from not meeting assurances
• Uncertain frequency of legal protections across rights holders, with uncertain costs compared undertaking bespoke primary legislation

Local Authorities (across Scotland):

• Contributing to scoping and development of legislative proposals
• Resource to enforce legislative measures for events with uncertain frequency
• Resource to support an assessment process

Police Scotland:

• Contributing to scoping and development of legislative proposals
• Resource to enforce legislative measures for events with uncertain frequency
• Resource to support an assessment process

SCTS and COPFS:

• Resourcing for event advertising, trading and ticketing offences with uncertain frequency

Businesses (across Scotland):

• Contributing to development of legislative proposals
• Uncertain frequency and geographical spread of advertising and street trading restrictions

Rights holders and event organisers:

• Potential assessment costs for rights protections

Option 3

Total benefit per annum:

- economic, environmental, social

Scotland:

• Economic and social benefits of hosting EURO 2028
• If EURO 2028 delivery is successful, potentially increased chance of securing future mega events

Scottish Government:

• Maintain reputation by meeting assurances for EURO 2028
• Maximised potential sponsorship funding for EURO 2028

Glasgow City Council:

• Enforcement costs for enhanced legislative provision are clearly place and time limited to parts of Glasgow during EURO 2028

Police Scotland:

• Enforcement costs for enhanced legislative provision are clearly limited to EURO 2028

SCTS and COPFS:

• Resourcing costs for proceedings for event advertising, trading and ticketing offences are clearly limited to EURO 2028

UEFA:

• Requirements are met, protecting commercial interests and supporting longer term viability of tournament.
• Facilitates ability of rights holder to procure sponsorship and other commercial revenue, ensuring financial viability of the event

Businesses:

• Restrictions on street trading and advertising are clearly place and time limited to parts of Glasgow during EURO 2028

Spectators:

• Reduced chance of inflated ticket prices in resale market for EURO 2028
• Potential reduced risks to the safety and security of the event

Glasgow residents and visitors:

• celebratory look and feel in EURO 2028 event zones

Total cost per annum:

- economic, environmental, social

- policy and administrative

Scotland:

• No increased chance of winning bids for some mega events due to framework provision, and the economic and social benefits attached to them

Scottish Government:

• Scoping and development of legislative proposals

Glasgow City Council:

• Contributing to scoping and development of legislative proposals
• Resourcing enforcement activity to ensure compliance for EURO 2028
• Resourcing an offer of alternative trading arrangements to affected traders
• Resourcing to audit existing branding in events zones before EURO 2028

Police Scotland:

• Contributing to scoping and development of legislative proposals
• Resourcing enforcement activity to ensure compliance for EURO 2028

SCTS and COPFS:

• Resourcing proceedings for event advertising, trading and ticketing offences for EURO 2028

Businesses (in parts of Glasgow):

• Contributing to development of legislative proposals
• Restrictions on advertising and street trading in event zones during EURO 2028

Event organisers in Scotland:

• No opportunity for increased options for traffic management
• No opportunity for updated event licensing framework

20. Declaration and Publication

I have read the Business and Regulatory Impact Assessment and I am satisfied that, given the available evidence, it represents a reasonable view of the likely costs, benefits and impact of the leading options. I am satisfied that business impact has been assessed with the support of businesses in Scotland.

Signed:

Date:

Kaukab Stewart

Minister for Culture, Europe and International Development

Scottish Government Contact point: majorevents@gov.scot