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

Section 1: Background, aims and options

Background to policy issue

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 scheduled to take place in Summer 2028 and last around four weeks.

Matches in Scotland will be played at Hampden Park. It is one of nine stadiums proposed to host EURO 2028. UEFA will confirm the final match split. Glasgow will be one of eight host cities across the UK and Ireland. Hampden Park and potential official fan zone(s) at location(s) in part of Glasgow city centre will be ‘event zones’ during the event. For EURO 2020, fan zones were originally intended to be at 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 an events and tourist destination.

Ambush marketing

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. UEFA also invests such revenues back into grassroots football. 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.^[3] 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 have protections against ambush marketing to protect 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.

Some mega sporting events therefore require certain protections. For some, like the Olympics, specific legislation may need to be put in place as a result.^[4] For EURO 2028, UEFA has requirements to protect its own and event sponsors’ and licensees’ commercial rights during the event. These are similar to the requirements for EURO 2020, when Scotland was one of eleven host nations. That event was postponed to 2021 due to the COVID-19 pandemic.

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 current law.

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

UEFA’s requirements 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^[5] as a basis), and potential event zones in part of Glasgow City centre. Trading is the sale or offer for sale, in an open public place, of an article or service.

Restrictions on street trading 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 include restrictions on advertising within and around the events zones, to control advertising space during the event. 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.

Ticket touting

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. There were over 50 million ticket requests for EURO 2024 and only 2.7 million tickets available. UEFA is the only authorised seller of Championship tickets. UEFA will have its own fan resale platform. People who have purchased tickets that they cannot use could 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. Evidence of EURO 2024 ticket resale prices suggests high mark-ups in some cases. A secondary benefit of prohibiting unauthorised resale could also contribute to the safety and security of the event.

In public spaces, the Civic Government (Scotland) Act 1982 prohibits ticket touting where it is causing a public nuisance. It also requires that street trading of any kind is licenced. The Consumer Rights Act 2015 requires that anyone selling a ticket must provide certain information, including any restrictions or conditions on the ticket. The Consumer Protection from Unfair Trading Regulations 2008 prohibit providing misleading information, for example, about restrictions or conditions. Enforcing conditions (such as prohibiting resale) at the stadium would affect the person buying the ticket, rather than the person selling it. This is unlikely to discourage ticket touts but may help to discourage the public from buying touted tickets. The Breaching of Limits on Ticket Sales Regulations 2018 prohibit using software to buy more tickets than allowed by the conditions of sale with a view to making a profit. This may help curtail larger scale touting. Although these laws could have an impact on ticket touting, they do not fully meet UEFA’s ticketing requirements for EURO 2028. In particular, none of the current laws enable immediate seizure of tickets, require the offer of sale to stop immediately, or stop ticket resale that is not authorised by UEFA.

In early discussions on measures, UEFA stated that it would prefer that the Bill prohibits any unauthorised ticket resale, and that it does not include a charity exemption or any other exemption. However, it may not be proportionate to criminalise simple reimbursement. Further, there was some support for a charity auction exemption from respondents to the public consultation.

The UK Government launched a consultation on the resale of live events tickets and a call for evidence on pricing practices (dynamic pricing) in the live events sector on 10 January 2025. However, it is not yet known whether this will result in a change to legislation and if so, whether that change would meet UEFA’s requirements.

In the absence of the Bill, 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 requirements and enable Scotland to co-host EURO 2028.

An Act and Regulations were put in place in Scotland for EURO 2020.^[6] 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] Legislation on street trading, advertising and ticket touting is again required in order to host EURO 2028 matches in Scotland.

Purpose/ aim of action and desired effect

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, UEFA requires additional protections, including relevant criminal offences and enforcements powers, around:

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

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

The Bill helps to ensure successful delivery of EURO 2028 by meeting the commercial rights protection requirements. It would prohibit ticket touting, which is considered to benefit the public as a whole. Ticket touting measures would apply throughout Scotland and apply to touting both in person and by electronic methods. It would also strengthen restrictions on street trading and advertising. This would meet UEFA requirements to protect its rights.

The Bill aims 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 protect commercial rights.

The Bill provides for enforcement of measures related to street trading, advertising and ticket touting. These would be enforced by designated, experienced enforcement officers appointed by Glasgow City Council and by Police Scotland. This is considered appropriate given the nature of the proposed offences and the need to target resources effectively, in conjunction with trading standards enforcement under existing law.

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

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

Overall, the Bill aims 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 of 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.^[7]

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.

Options (considered so far/ still open)

Option 1: Do nothing

Without the Bill, 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.^[8] 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. They can 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 or the Pedlar’s Act 1871, an offence will have been committed. The Breaching of Limits on Ticket Sales Regulations 2018 prohibit the use software to buy more tickets than allowed by the conditions of sale with a view to making a profit. They therefore do not tackle ticket touting where software has not been used to acquire more tickets than permitted.

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 not meet UEFA’s requirements.

Option 2: Framework legislation

While the Bill arises from a need to meet UEFA requirements for EURO 2028, broader provision could be made to meet the likely needs of future mega events. Such legislation could provide a consistent framework for applying rights protection requirements for mega events, or a sub-set of mega events. It 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 and the Major Events Management Act 2007 in New Zealand are examples of general major events framework legislation from other jurisdictions.

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 then a specific Bill could then still be required. 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 2023 public consultation on the national events strategy. There was no specific question on this in the consultation, but there was an opportunity to provide views on the regulatory context for events in Scotland. 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 could bring Scottish provision more into line with England and Wales and could enable more choice for traffic management at events.

The Scottish Government has discounted this option in favour of Option 3 for meeting EURO 2028 requirements.

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

In meeting UEFA's 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 is also expected to include parts of central Glasgow, where it will be important to create the celebratory look and feel of EURO 2028. This should safeguard sponsor brand association rights.

Street Trading – The Bill would restrict street trading activity, including pedlars, in the event zone area around Hampden Park, and event zone(s) in part of Glasgow City centre. Trading is 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 expected to be for the whole tournament and a period before this. The Bill includes exemptions to this, including permission for selling newspapers, busking, and public transport services.^[9] There would be guidance for street traders and other businesses to help them to understand and comply with the street trading measures. Penalties for committing a street trading offence would be:

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

Advertising – The Bill would restrict outdoor advertising activity and commercial distributions in the event zone area around Hampden Park, and event zone(s) 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. The Bill includes exemptions to this, including demonstrating support for or opposition to the views or actions of any person, and publicising political or religious beliefs, causes or campaigns. Penalties for committing an advertising offence would be:

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

Ticketing – The Bill would 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 have therefore considered whether a penalty of £5,000 remains appropriate or if it should be set at a higher level. For example, 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.^[10] Other legislation in force in England and Wales sets a penalty of an unlimited fine on summary conviction.^[11] Having considered the options, penalties for committing a ticketing offence would align with those for street trading and advertising:

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

Enforcement - 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. As with UEFA EURO 2020 and the 2014 Commonwealth Games, Glasgow City Council would be able to designate appropriately qualified staff as enforcement officers. The extent of enforcement officers' powers has been considered carefully in developing the Bill, so that appropriate limits are placed on these. These 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 measures put in place by the Bill 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 Bill in relation to any of the broader preparations to host EURO 2028, nor would it apply to any other events.

Sectors/ Groups affected

The key purpose of the Bill 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.

Option 1: Do nothing

Without the Bill, Scotland would be unlikely to meet UEFA’s criteria 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. These and 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.

Consumers attending matches would have to do so elsewhere, if matches were not played at Hampden. There may not be a reduction in opportunities for unscrupulous suppliers to target consumers in Scotland with regard to EURO 2028 tickets.

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.

The Retail, Accommodation, and Food and Beverages sectors would be most likely to be affected by these kinds of restrictions.

• There are around 14,000 retail businesses in Scotland, employing 223,000 people, 136,000 of which work part-time. This represents 8.2% of the total businesses in Scotland and 8.7% of the total number of employees respectively.
• There are around 3,000 accommodation businesses in Scotland, employing 59,000 people, 29,000 of which work part-time. This represents 1.8% of the total businesses in Scotland and 2.3% of the total number of employees respectively.
• There are around 12,000 food and beverage businesses in Scotland, employing 164,000 people, 93,000 of which work part-time. This represents 7.0% of the total businesses in Scotland and 6.4%% of the total number of employees respectively.
• 49,000 people in the accommodation and food services sectors in Scotland (representing 46.40% of industry jobs) and 82,000 people in the wholesale and retail trade, and repair of motor vehicles and motorcycles sectors (32.4% of industry jobs) earn less than the Real Living Wage.
• Additionally, UK-wide, a further 139,000 people are self-employed in the accommodation and food services sector, and 317,000 people are self-employed in the wholesale and retail trade, and repair of motor vehicles and motorcycles sectors.^[12]

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.

Consumers could have a more limited choice in the number and range of suppliers in designated event zones for a range of (yet to be designated) events in future. Consumers could have greater assurance that they were buying official merchandise when in such zones. There could be a reduction in opportunities for unscrupulous ticket suppliers to target consumers.

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. The 2024 public consultation set out that there were approximately 146 street trading licences for the area around Hampden Park. There were approximately 3 street trading licences for Glasgow City Centre. A total of 94 Pedlars Licences were issued nationally between 2 April 2023 and 2 April 2024.^[13]

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

Those seeking to resell tickets for EURO 2028 would be committing an offence if they did so above face value or to make a profit.

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.

Consumers would have a more limited choice in the number and range of suppliers in the EURO 2028 event zones when these were in operation (providers of food, beverages and Championship memorabilia, in the main). Other businesses in the zones such as those based inside buildings (such as bars, shops and restaurants) should be able to operate largely as normal. Consumers may have greater assurance that they are buying official merchandise when in event zones. There should be a reduction in opportunities for unscrupulous ticket suppliers to target consumers.