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

6. Conclusions

Reflecting on the experience and perspectives of respondents, this report provides a summary of views on proposed legislation governing EURO 2028 commercial rights protection. Responses often incorporated wider aspects of event management and these were included in the analysis. For more detail, readers are encouraged to look to individual responses where permission was given for publication.

The most prevalent view was there had been no or minimal impact from the street trading restrictions for EURO 2020. Similarly for EURO 2028 the most prevalent theme was there would be no or minimal impact. A few respondents highlighted potential impacts on businesses, such as the need to provide information and guidance on the measures or having to relocate temporarily. Potential positive impacts included minimised unauthorised trading and improved consumer rights and confidence. One organisation asked for the regulations to include mention of pedlar certificates due to a rise of issues associated with these. There was no consensus as to whether any exemptions or other measures should be applied to help manage adverse impacts of street trading. More broadly, respondents called for advance planning and regular updates to assist businesses prepare for EURO 2028.

Fewer respondents were aware of advertising restrictions associated with EURO 2020 than for street trading restrictions. Again, the predominant view was that these same measures would have no impact for EURO 2028, with impacts on businesses such as restricting their ability to advertise being the second most prevalent theme. Just over half of respondents did not feel there were appropriate exemptions or other measures that should be applied. However, calls were made to exempt certain businesses, such as charity or community advertising.

The most common view was that ticket touting laws for EURO 2020 had no impact on respondents, with respondents most likely to feel the same would be the case if similar ticket touting proposals are used for EURO 2028. However, some highlighted positive impacts for visitors arising from the proposals being implemented, such as visitors having less contact with ticket touts or inadvertently buying unauthorised tickets. Some suggested exemptions such as for tickets sold for charitable purposes. There were mixed views around which level of penalty for ticket touting offences was most appropriate. Most commonly uncertainty was expressed around the level of financial penalty that would be appropriate. Though higher penalties were more likely to be supported than lower penalties, some felt the penalty should be proportionate to the situation or amount made by ticket touts and a few felt the penalty should be publicised and act as a deterrent.

Additional comments were received on the current partial Business Regulatory Impact Assessment and on groups that might be impacted by the proposals, such as older or disabled people being the potential target for scams and those in lower socio-economic groups being unable to afford to attend the events. In relation to the broader regulatory context of events in Scotland, there were calls for more preparatory work including engaging and providing information to stakeholders and groups that may be affected, and to review legislation around the governance of events to ensure it is fit for purpose.