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

Section 2: Engagement and information gathering

Engagement approach

The Scottish Government has engaged with businesses and others that are expected to be affected when developing the Bill’s provisions.

There was a public consultation to seek views. In addition to an online CitizenSpace survey, people could contribute to the consultation by attending an in-person drop-in session or a webinar. The consultation was promoted to representative groups, including the Federation of Small Businesses and Glasgow Chamber of Commerce, to help raise awareness. With the help of Glasgow City Council and Glasgow Life, there was a maildrop to those in the areas around Hampden Park, George Square and Glasgow Green. An offer was made to community councils in these areas for Scottish Government and Glasgow Life officials to attend and hear views. Street traders in these areas were also contacted by email or post. Scottish Government officials also sought to raise awareness among street traders operating around Hampden Park before an international football match. See Business / Third sector engagement and Public consultation for more information.

Scottish Government officials also met other governments hosting EURO 2028, Glasgow City Council and justice bodies in Scotland. See Internal SG engagement/ engagement with wider Public Sector for more information.

The restrictions under consideration and the places they are expected to apply are similar to those considered for UEFA EURO 2020. The Scottish Government has therefore also drawn on views gathered as part of the development of the UEFA European Championship (Scotland) Act 2020 and associated regulations.

Information on street trading licences and pedlar certificates has been sought from Glasgow City Council and Police Scotland respectively. Published statistical and survey data has been used to gather evidence on sectors, businesses and workforce that may be affected by the Bill, for example the Annual Survey of Hours and Earnings.

It is expected that there will be further engagement with Glasgow City Council, UEFA and those most likely to be affected by event zone restrictions in developing regulations to set the boundaries of these zones and the times that restrictions will be in force.

Internal SG engagement/ engagement with wider Public Sector

Internal SG engagement

Engagement within Scottish Government has included: Directorate for Chief Economist; Directorate for Performance, Delivery and Resilience; Directorate for Justice; Directorate for Safer Communities; Directorate for International Trade and Investment; and Directorate for Constitution. These discussions have informed shaping of the Bill to support delivery of EURO 2028, and to identify potential investment and trade impacts.

UK/ Devolved Administrations

Scottish Government officials have engaged with officials in the UK Government Department for Culture, Media and Sport (DCMS), Welsh Government, Northern Ireland Executive and UK Sport. This has included regular meetings of the EURO 2028 UK and Ireland Legislation Working Group, which coordinates work towards the goal of having an aligned legislative framework across the tournament hosts that meets the commitment made to UEFA. This is not a decision-making group, but is designed to build collaborative, consistent approaches across administrative boundaries. To date these discussions have informed shaping of the Bill to support delivery of EURO 2028.

Wider Public Sector

Government and enforcement bodies consulted include: the Crown Office and Procurator Fiscal Service (COPFS), the Scottish Courts and Tribunals Service (SCTS), Scottish Legal Aid Board (SLAB), Police Scotland, Glasgow City Council and Glasgow Life. To date these discussions have informed shaping of the Bill to support delivery of EURO 2028, including enforcement provisions and estimated costs.

In addition, officials from South Lanarkshire Council, Highland Council, East Renfrewshire Council and VisitScotland took part in the drop-in and virtual sessions run as part of the public consultation.

International

Scottish Government officials have engaged with officials from the Government of Ireland, which is part of the EURO 2028 UK and Ireland Legislation Working Group. To date these discussions have informed shaping of the Bill to support delivery of EURO 2028.

Business / Third Sector engagement

Engagement was undertaken on Option 3 (see Public Consultation), based on event zones around Hampden Park (where matches will be held), and around Glasgow Green or George Square (where there would be an official fan zone). This set out the evidence of need for regulation over voluntary action, as part of an evidence based decision-making approach. It was supported by a Partial Business and Regulatory Impact Assessment of all three options, as part of a consistent approach to involving business in policy-making. This Business and Regulatory Impact Assessment also takes account of views gathered from business as part of previous engagement on legislation for EURO 2020.

Businesses were invited to contribute through the CitizenSpace online survey, or by attending an in-person drop-in session or webinar. Awareness was raised through a press release, social media posts, a maildrop to those likely to be in or near event zones (facilitated by Glasgow Life and Glasgow City Council), and leaflets distributed to street traders around Hampden Park before the Scotland v Finland football match on 7 June. Emails were also sent to key stakeholders, including Glasgow Chamber of Commerce and the Federation of Small Businesses. This supported meaningful communication by providing opportunities for business to input to early policy development, avoid surprise, and help mitigate concern about the potential business impacts of the legislation. Businesses provided views and information about impacts of events like EURO 2028 beyond the scope of the legislation. This has contributed to an understanding of business priorities and potential cumulative impacts of the legislation and other aspects of EURO 2028 delivery.

During this engagement, DF Concerts noted that it was almost impossible to give a clear response, particularly on the advertising proposals, without the location, proximity or duration that restrictions would be in place. It asked for further consultation to take place once these options have been formally identified. The Federation of Small Businesses noted that the majority of small businesses struggle to find additional time over and above running their businesses to engage with consultations which will affect them in the future. Engagement with small businesses should therefore not solely rely on written responses.

It is currently expected that the exact times and locations of event zones where restrictions apply would be set by regulations around a year in advance of EURO 2028. There will be further engagement with businesses before such regulations are laid before the Scottish Parliament.

One retailer (ROX), an event organiser (DF Concerts), two other individuals who identified as sole traders and the Federation of Small Businesses responded to the online survey. Festivals Edinburgh, the umbrella body promoting Edinburgh's many festivals, also responded to the survey. Attendees at the in-person drop-in sessions and webinars included representatives from two food and drink businesses (Piper Whisky Bar and La Vita Restaurants), five hotels (Ibis Hotels, Motel One, Hilton Hotels, Atlas Hotels, Marriott Hotels), one retailer (Timberland), one real estate company (Avison Young), and the Scottish Tourist Guides Association.

Views from CitizenSpace survey

The Federation of Small Businesses noted that small businesses in general find street trading restrictions frustrating, and some of them might not be aware of such restrictions at all. It was therefore important to ensure that the organisers focus on proactive engagement and communication with small businesses about restrictions. For event-related restrictions, they encouraged engagement with those expected to be impacted, a comprehensive Business and Regulatory Impact Assessment (focussed on small businesses) and drawing on learning from past events to assess where changes could be made, and which practices were successful. This would ensure that preparatory work could be used to avoid some of the adverse impacts. One sole trader highlighted their catering business had been affected by similar street trading restrictions for EURO 2020, as they were not allowed to operate at their usual designated position. This affected them financially as a small business owner.

ROX noted the positive impact of similar advertising restrictions put in place for EURO 2020. They were a stockist of one of the sponsors and the measures protected the brand. The Federation of Small Businesses expected that the impact of advertising restrictions for small businesses was likely to be minimal. However, DF Concerts fundamentally disagreed with UEFA having such pulling power over the spaces that small, medium, and large local businesses rely on. It highlighted the substantial impact on local businesses if they are not able to operate as normal. DF Concerts expected EURO 2028 advertising restrictions would have a detrimental impact on them. This included the ability to reach its audience, promote the growth of its events and continue to make a positive impact on the cultural identity of Scotland. UEFA has stated that while it expects restrictions to target temporary or pop-up trading, it does not expect permanent businesses to stop operating as a result of restrictions, only to prevent those businesses from promoting unauthorised associations with EURO or brands that are not sponsors.

DF Concerts’ events have headline sponsors that are vital to the successful running of its events. It therefore expected a detrimental impact from restrictions on event signage and branding across the city via digital screens in stations, roadsides, posters, or at event spaces. As a local business driving substantial tourism every year, which does not have sufficient budgets to sponsor EURO 2028, DF Concerts wanted an exemption from these restrictions. UEFA has stated that, as DF Concerts has its own sponsors, such an exemption would create a conflict between EURO 2028 sponsors and DF Concert’s sponsors. As DF Concerts has pointed out, it is not a EURO 2028 sponsor and so such an exemption will result in ambush marketing opportunities for DF Concerts and its sponsors in and around event zones during the tournament.

The Federation of Small Businesses did not expect there would be an impact on small businesses from the ticketing restrictions. One sole trader felt that people would not be deterred from trying to tout tickets regardless of what fine is applied. One sole trader was supportive of banning ticket touting and supported a fine of up to £20,000.

DF Concerts highlighted Scotland’s position as a world leader when it comes to events, with a fantastic track record across many different industries. It contrasted public sector support for ‘mega events’ with a lack of financial or advertising support for commercial businesses who are taking a huge financial risk and play a key role in cultural tourism, a key driver for the economy. It called for support on a national level to a variety of events, not just those subsidised by government. This included a ban on secondary sales for profit across all event sectors, and granting street trading restrictions to events and the areas surrounding the event spaces more generally. In particular, it wanted additional measures to be put in place to prevent pedlars trading in zones using existing legislation across all mass events. This was due to the crowd management risk from their presence at critical access and egress locations.

Festivals Edinburgh believed consideration of the following five areas could enhance Scotland’s position for events: the reinstatement on a more permanent basis of the multi-agency groupings coordinated during Covid restrictions by the Scottish Government through the Gateway process to aid signature events; best practice in effective integrated events governance; whether amendments to the Civic Government (Scotland) Act 1982 are needed to improve the operation of the current licensing systems as it affects events; whether the 28-day planning rule for temporary structures takes sufficient account of the construction and demounting of event infrastructure; and reviewing the initial operation of the Civic Government (Scotland) Act 1982 (Licensing of Short-term Lets) Order 2022 to determine the effect it is having, and may have, on the accommodation offer and requirement for major events in Scotland.

The Federation of Small Businesses noted that micro, small and medium businesses comprise almost all enterprises in Scotland (99%), employ 1.2 million people and contribute £110 billion to the economy. Many small businesses are unaware of new restrictions when it comes to large events. It is therefore important to ensure that the organisers act proactively to engage and communicate with them. Small businesses are operating in a complex policy landscape where new regulations are regularly being introduced. If they are given plenty of time and information to be prepared, small businesses will positively engage and do what is right for them.

Views from engagement sessions on EURO 2028

Benefits of hosting events and the importance of good communication were key themes from the in-person drop-in sessions and webinars. Businesses around George Square could potentially benefit from the placement of a fan zone, including increased footfall and higher overall profits. Hotels also see significant benefits from events like EURO 2028 with a substantial increase in footfall during such times.

Some business plans happen well in advance. This includes pubs or bar scheduling musicians and hotels engaging with tour groups and businesses seeking multi-year arrangements. Timely communication about key dates helps businesses to coordinate these efforts. Regular updates on the legislation, event zones, and general planning would support a co-operative relationship that could help ensure businesses benefit from increased footfall. Being informed of event arrangements about a year in advance would support adequate planning, with detailed information provided a few months before the event. This includes sufficient notice and good planning for both customer and delivery access to business premises.

The Scottish Tourist Guides Association highlighted that it would like to work more closely with Glasgow Life as EURO 2028 approaches in order to plan city centre tours.

Views from previous engagement on legislation for EURO 2020

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.

Public consultation

A public consultation ran from 2 May to 26 July 2024, which received 26 responses. This was based on event zones around Hampden Park (where matches will be held), and around Glasgow Green or George Square (where there would be an official fan zone). It sought 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

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.

There were various communications to raise awareness of the consultation. These included:

• A press release and social media posts
• Emails to key internal and external stakeholders at different stages (launch, before engagement sessions, and nearing the consultation's end), including to event sector stakeholders via EventScotland’s e-newsletter
• Emails and letters to businesses, street traders, and residents in areas likely to be impacted by the proposed legislation, facilitated by Glasgow Life and Glasgow City Council
• Leaflets distributed to street traders around Hampden Park before the Scotland v Finland football match on 7 June

The analysis of responses and Scottish Government response to the consultation were published on 11 October 2024.

Respondents called for advance planning to help businesses prepare for EURO 2028.

On street trading, the most common view was that there would be no or little impact from the restrictions. A few respondents highlighted potential impacts on businesses. This included the need to provide information and guidance on the measures or having to relocate temporarily. Potential positive impacts were also mentioned. These included minimised unauthorised trading and improved consumer rights and confidence. There was no consensus as to whether any exemptions or other measures should be applied to help manage adverse impacts of street trading. Other comments included one call for the restrictions to apply to pedlar certificates too. This was due to a rise in issues related with these.

On advertising, the main view was that there would be no impact from the restrictions. Impacts on businesses, such as restricting their ability to advertise, was the second most common theme. Just over half of respondents did not feel there were appropriate exemptions or other measures that should be applied. There were some calls not to apply advertising restrictions to charities or community groups.

On ticketing restrictions, the most common view was that there would be no impact on respondents. Some respondents highlighted positive impacts for visitors. This included visitors having less contact with ticket touts or inadvertently buying unauthorised tickets.

Some suggested exemptions. This included tickets sold for charitable purposes.

There were mixed views around which level of penalty was most appropriate. Most commonly there was uncertainty around the level that would be appropriate. Higher penalties were more likely to be supported than lower ones. Some felt the penalty should be proportionate to the situation or amount made by ticket touts. A few felt the penalty should be publicised and act as a deterrent.

A range of other community impacts were highlighted beyond the scope of the proposed legislation. These included:

• vulnerable people or disabled people were more likely to be the target of scams

• the impact on communities of littering and noise during EURO 2028
• over-crowding and the impact this has on, for example, commuting to work
• parking issues for residents or their carers

Other stakeholders

Through the process of bidding for EURO 2028 and through further discussions to progress hosting, Scottish Government have consulted with bid partners to develop legislation. 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.

Officials from Scottish Government and Glasgow Life met Mount Florida Community Council on 28 May 2024. Some aspects of the legislation for EURO 2020 (which proposals for 2028 are similar to) seemed very heavy handed to the community council. Powers granting a warrant to access homes was a particular example of this. The community council felt that the focus on outdoor advertising should mean that legislation should not be disruptive to shop windows’ usual displays.

They also gave feedback on event organisation at Hampden Park and its impacts on the surrounding community. The community council wanted a long-term solution on toilet provision in Mount Florida for EURO 2028, not just at Hampden Park itself. They suggested there is an ongoing problem of people using people’s closes and gardens instead on match days.

They felt that while Mount Florida sees the disruption of matches and other events held at Hampden Park, the majority of business benefit is felt by businesses in town rather than locally. While some local pubs and restaurants do gain some benefit, some businesses choose to close on match days rather than deal with the disruption. In general, disruption is worse for concerts because it lasts all day than for football matches, where supporters largely come and go for the match itself.

For the 2014 Commonwealth Games, eventgoers were diverted over Aikenhead Road. This meant that local shops did not get the benefit of business as people passed by. Further, access to some businesses was blocked.