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

Section 4: Additional implementation considerations

Enforcement/ compliance

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 Bill 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.

In establishing ticketing, trading and advertising offences for EURO 2028, the Bill provides a basis not only for enforcing these requirements but 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 Bill provides enforcement mechanisms for these street trading, advertising and ticketing offences, including for local authority officials with experience of engaging with businesses on enforcement of related issues, such as trading standards. The aim is for these mechanisms to be sufficient to tackle ambush marketing and ticket touting effectively, while also providing sufficient safeguards to the use of enforcement powers.

At minimum, compliance must mean being able to tackle ambush marketing if it occurs. Enforcement powers therefore include powers of entry and search, and to conceal, seize or destroy infringing articles to prevent or stop an offence happening. These are similar to enforcement powers for the 2014 Commonwealth Games and UEFA EURO 2020.

It is expected that there will be an “engage, explain, encourage, and enforce” approach. This begins with engagement, where officers establish rapport and communicate with individuals. This is followed by explaining the rationale behind the provisions to foster understanding. Next, officers encourage voluntary compliance by emphasising the benefits of cooperation. Finally, if necessary, officers proceed to enforcement, applying penalties or other measures only as a last resort. This is with the aim of achieving a level of compliance that proactively keeps event zones free of unauthorised trading and advertising activity.

All businesses and sectors would be subject to the restrictions at the same time. The Bill makes a number of exemptions, including for providing certain types of services within event zones, certain types of notices, and for charitable activity.

UK, EU and International Regulatory Alignment and Obligations

Internal Market/ Intra-UK Trade

The Bill 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 Bill – including the implications of the Act for planned policy and any associated impacts on Scottish businesses, people, and policy outcomes. The mutual recognition and non-discrimination principles are not relevant to the Bill.

The Scottish Government is working closely with the UK Government, Welsh Government and Northern Ireland Executive on EURO 2028. This 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.

International Trade Implications

The Bill is not likely to have a direct impact on international trade and investment, but the opportunity to co-host UEFA Euro 2028 presents an opportunity for services export (as international tourism and hospitality is a Mode 2 services export).

It will not have a significant impact on imports and is expected to have a positive impact on Mode 2 services export of tourism and hospitality services. The Bill does not include different requirements for domestic and foreign businesses. It does not place particular technical requirements upon (imported) goods.

There is not expected to be a differential trade impact on groups with certain characteristics.

The Bill is considered to be in line with international obligations under World Trade Organization (WTO) agreements and UK Free Trade Agreements (FTAs).

EU Alignment consideration

This Bill 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.

Legal Aid

The Bill 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. This may be dependent on the specific teams who are playing, as some games may need stricter controls and police presence. 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.

Digital impact

The Bill 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 Bill takes account of changing digital technologies. Its aims could not be circumvented by digital or online transactions.

Business forms

The Bill is not expected to 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.