UEFA European Championship (Scotland) Bill: final business and regulatory impact assessment (BRIA)

Executive summary

Issue and why it needs to be addressed

Scotland will co-host UEFA EURO 2028 as part of a joint UK and Ireland Championship. For EURO 2028, UEFA requires additional protections, including relevant criminal offences and enforcements powers, around:

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

Current laws in Scotland would not meet UEFA's requirements to host EURO 2028.

If UEFA’s requirements are not met, Scotland could lose the opportunity to host EURO 2028 matches.

Intended outcomes

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.

The aim is to meet UEFA’s requirements so that Scotland can host matches 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 (event zones)

Options

Option 1: Do nothing. This would mean relying on existing legislation on ticketing, street trading and advertising.

Option 2: Framework legislation. This would mean new legislation making general provision that could be used to meet the likely needs of future mega events, not just UEFA EURO 2028. To meet UEFA’s requirements, this would have to cover ticketing, street trading and advertising. To meet the rights holder requirements for a wider range of events, it would likely need to include other measures, for example, on traffic management.

Option 3: Bespoke EURO 2028 legislation – Proportionate and limited restrictions (recommended option). This would mean new legislation that would only apply to UEFA EURO 2028, regarding ticketing, street trading and advertising.

Sectors affected

Option 1. Without the Bill, 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. Businesses 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.

Option 2. Rights holders of (yet to be designated) future events across Scotland 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. Street traders, including pedlars, could be restricted from operating in designated zones for such events. Businesses in designated zones could be restricted in their outdoor advertising and commercial distributions during such events. The Retail, Accommodation, and Food and Beverages sectors would be most likely to be affected by these kinds of restrictions. Those seeking to resell, or purchase resold, tickets for such events would require authorisation to do so. Local authorities across Scotland and Police Scotland would be expected to enforce restrictions.

Option 3. UEFA could offer greater assurance of exclusivity to sponsors of EURO 2028, which could increase revenue from this source. 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. The Retail, Accommodation, and Food and Beverages sectors would be most likely to be affected by these kinds of restrictions. Those seeking to resell, or purchase resold, tickets for EURO 2028 would be required to do so at face value. Glasgow City Council and Police Scotland would be expected to enforce restrictions.

Engagement completed, ongoing and planned

A public consultation ran from 2 May to 26 July 2024, which received 26 responses. As well as the online CitizenSpace survey, there were in-person drop-in sessions at Glasgow Royal Concert Hall on 11 and 13 June 2024 and virtual sessions on 25 and 26 June 2024. The analysis of responses and Scottish Government response to the consultation were published on 11 October 2024.

Engagement has included businesses, EURO 2028 delivery partners and other key stakeholders. If the Bill is passed by the Scottish Parliament, it is expected that there will be further engagement before setting the times and locations of event zones where restrictions will apply.

Anticipated impacts (intended and unintended, positive and negative) and mitigating actions

Option 1. There would be resource savings for the public sector compared to Options 2 and 3. There would be no costs to business from complying with new restrictions. If Scotland were not permitted to host matches, there would be reduced economic and social benefit from EURO 2028. If there were reputational damage to Scotland, there could be future loss of economic and social benefit from other mega events. UEFA could have difficulty securing sponsor commitments. Members of the public could be at greater risk of inflated ticket costs and being unable to attend matches due to ticket terms and conditions. They could also be more vulnerable to market clutter and counterfeit goods.

Option 2. There would be a risk that the broader scope of the legislation would mean that it could not be fully developed on required timescales. There would therefore be a risk of not fully meeting UEFA’s requirements within their deadlines with a similar effect to Option 1, or that meeting the deadline could lead to insufficient scoping, with potential increased costs to multiple interests. However, this option could potentially increase the chance of winning bids for some mega events due to clarity of legislative provision, and the economic and social benefits attached to them. A consistent approach could lead to resource efficiency in planning and budgeting for mega events for parts of the public sector but could also mean ongoing resource costs for enforcement in other parts of the public sector. It could also lead to an uncertain frequency and geographical spread of advertising and street trading restrictions, with greater costs to a larger number of businesses for compliance as a result (compared to Option 3).

Option 3. Economic and social benefits of hosting EURO 2028 would be secured. If EURO 2028 delivery were successful, it would maintain Scotland’s reputation and could potentially increase the chance of securing future mega events. It would maximise potential sponsorship funding for EURO 2028. Public sector costs for enforcement would be clearly limited in place and time. Which businesses would be affected, where and when would be both clear and limited. Members of the public would be at reduced risk of inflated ticket prices in the resale market for EURO 2028.

Enforcement/ compliance

In establishing ticketing, trading and advertising offences for EURO 2028, the Bill provides a basis for enforcing these requirements and for preventative activity. The penalty for not complying is, on summary conviction, a fine of up to £20,000 or on indictment, a fine of any level prescribed by the court. The ticketing offence would apply throughout Scotland from when EURO 2028 tickets go on sale. Enforcement of street trading and advertising restrictions in event zones would apply for a limited period of time during and around the event in summer 2028. The measures in the Bill would be enforced by Glasgow City Council and Police Scotland.

Recommendations/ implementation plans

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

If the Bill is passed by the Scottish Parliament, the intention is to lay regulations approximately one year before EURO 2028. These would set event zone times and locations where restrictions would apply and make any final amendments that may be required to what activity is or is not permitted in these zones. Key stakeholders, including EURO 2028 delivery partners, UEFA and businesses in proposed event zones, would be involved in developing these regulations. This engagement would also support development of guidance to be issued to businesses by Glasgow City Council at a similar time.

Evaluation and monitoring of implementation/ review of BRIA

The Bill would cease to be in effect a short period after the end of EURO 2028. Evaluation plans for EURO 2028 as a whole are still to be developed. We expect legislation will be included in this evaluation and will be engaging with partners on this. Once tournament evaluation scope is clearer, the Scottish Government will determine whether any further specific evaluation of the legislation is required.