A guide to trading and advertising
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It is fantastic that the Scotland Men’s the three event zones where there will be Glasgow’s excitement at reconfirming as a host city for the UEFA European Championship National Team has qualified for the UEFA changes to street trading and advertising, in 2021 was given a fabulous boost last month, with the Scotland Men’s National Team European Championship next summer, we have tried to reduce the impact of these securing qualification for the Championship. This achievement has ended a long wait for the making a major finals for the first time changes by having a number of exceptions country and will provide some much needed optimism and enthusiasm for next summer. since France in 1998. to the restrictions. We believe that staging the Championship is an important signal that Glasgow and Scotland Of course that welcome news came later This guidance will help you understand any is committed to being open for business once again. Although there are many operational than we had expected as a result of the changes you may have to make so that challenges and uncertainties caused by the impact of the pandemic, we are continuing to Coronavirus pandemic, and unfortunately you can plan for these, ensuring the event work very closely with all event partners on plans for next year. It is our aim that UEFA that has also meant that the UEFA European is a success for everyone. If you have any EURO 2020 will provide a welcome contribution to businesses, following an exceptionally Championship itself has been rescheduled questions about the restrictions, or are difficult time and offer an opportunity for communities to celebrate together. to summer 2021. Whilst the Covid-19 unsure if you will be affected, then I would situation still creates many uncertainties encourage you to contact the Host City team There has been a huge amount of work undertaken by all the event partners to get us to there have been promising developments on info@UEFAEuro2020Glasgow.co.uk and this point, driven by the passion we know our citizens have for football and the desire to on vaccination and mass testing, and the they will be happy to answer your questions. welcome fans to our fabulous city, once the current health emergency is addressed. Scottish Government is delighted to be working closely with UEFA, and our event Glasgow and Scotland have a strong track Part of this work includes the implementation of the UEFA European Championship partners, on preparation for the event. This record of successfully delivering major (Scotland) Act 2020, passed by Scottish Parliament to meet with UEFA’s requirements as a planning work is on the continuing basis of a global sporting events which bring Host City. Further to the engagement sessions our Host City team held earlier this year, we “Euro for Europe”, with Glasgow amongst 12 significant benefits, not just for our have developed this booklet for guidance. cities hosting matches. economy but for our international reputation too. It will provide businesses and traders with accurate and up-to-date information regarding We are planning on the basis that fans can the Regulations laid as part of the 2020 Act. In the following pages, you’ll find more be in the stands at the Championship and Scotland qualifying for the Championships information on how the Regulations may affect you or your business, and certain activities that there can be fan activity in the city has given the nation such a lift during these which will be restricted in certain areas during the Championship. centre. But we have to plan for a range of tough times. We look forward to celebrating scenarios and if that is not possible the the best of football at Hampden Park in If you have any questions regarding the Regulations or the 2020 Act, you can contact our partners will let football fans, Glasgow the summer of 2021 as part of one of the Host City team on info@UEFAEuro2020Glasgow.co.uk. businesses and the general public know as biggest sporting events in the world. soon as possible. Thank you for your co-operation as we ensure Glasgow protects the integrity of UEFA Fiona Hyslop, EURO 2020, and enables our city to be showcased once again as a world-class destination Holding events like this often involves some Cabinet Secretary for Economy, Fair for events. changes in and around the stadium and other areas of the host city. The aim of this guidance is to provide you with information regarding the restrictions on advertising, street trading and ticket touting that will Work and Culture be in place in the run up to and during the Councillor David McDonald Championship. Chair of Glasgow Life, and Depute Leader of Glasgow City Council These restrictions are put in place by the UEFA European Championship (Scotland) Act 2020 and its associated regulations, which have been developed with input from those organisations that will deliver the event, and following engagement with those we expect will be affected. Most businesses in Glasgow won’t need to take any action. For those businesses in 3
Contents 1. 1. Meaning of key terms 5 Meaning of key terMs 2. What are the Regulations for? 6 The “2020 Act” refers to the UEFA Football Associations in relation to a good 2.1 The 2020 UEFA European Football Championship 6 European Championship (Scotland) Act or service in respect of the UEFA European 2.1.1 Partners 6 2020**. Championship 2020. 2.2 UEFA European Championship (Scotland) Act 2020 – Why Legislation is required 8 The “Championship” means the Union The “Regulations” is the detail of the 3. Where and when do the restrictions on street trading and advertising apply? 10 of European Football Associations (UEFA) trading and advertising offences (together 3.1 Event Zone 10 with the exceptions which will apply) set 3.2 Dates of operation 10 European Championship that is to be held, in part, in Glasgow in 2021. out in the UEFA European Championship 4. Trading 11 (Scotland) Act 2020. 4.1 What trading activity is covered by the restrictions? 11 The “Championship period” means the 4.2 What exceptions exist for trading? 12 period beginning 31 May and ending 11 A “Championship ticket” means any 4.3 Do I need any other licences or permissions to trade? 13 July 2021. ticket, card, electronic device or other 4.4 How do the restrictions apply to those providing entertainment? 14 thing which entitles an individual to 4.5 What if I usually trade on the streets in an Event Zone? 14 “The Host City” refers to the city of attend an event which is held as part of 4.6 What happens if trading activity isn’t exempt? 14 Glasgow. the Championship (whether or not held in Scotland). 5. Advertising 15 “Glasgow City Council” means the local 5.1 What advertising activity is covered by the restrictions? 15 government body of the city of Glasgow. A “Championship offence” is any offence 5.2 What exceptions exist for advertising activity? 16 which is in contravention of the 2020 Act. 5.2.1 Exception for demonstrations and related activities 16 The “Host City Contract” means the Host 5.2.2 Exceptions relating to clothing and possessions 16 City Agreement, Host City Guidelines and An “Event Zone” means: 5.2.3 Exceptions relating to Town and Country Planning Regulations 17 Fan Zone Guidelines, made between UEFA • the Hampden Park zone 5.2.4 Exceptions for businesses within stations or other buildings 18 and Glasgow City Council. 5.2.5 Other exceptions 18 5.3 What happens if advertising activity isn’t excepted? 19 “UEFA Partner” means a sponsorship or 6. Ticket touting 20 licensee partner of the Union of European 6.1 What activity is covered by the Regulations? 20 6.2 What exceptions exist to sell a Championship Ticket? 21 7. Enforcement of the Regulations during the Championship 22 7.1 Enforcement Officers 22 7.2 Compensation for enforcement action 22 8. Offences 23 8.1 Penalties 23 9. Event Zone map and Prohibited Times 24 9.1 Event Zone map 24 9.2 Prohibited Times 26 **The guidance in this booklet is an overview of the full 2020Act. To 10. Further information 27 view the full 2020 Act, please visit 11. Town and Country Planning (Control of Advertisements) (Scotland) Regulations 1984 28 http://www.legislation.gov.uk/asp/2020/1/contents 4 5
2. 2.1 The 2020 UEFA European Key Facts: Football Championship To commemorate the 60th anniversary of the European Football Championship in 2021, the Union of European Football Associations (UEFA) is staging a “EURO for Europe” and has awarded twelve cities and countries the opportunity to host matches, What are the including Glasgow. Matches 12 regulations The 2020 UEFA European Football Championship, for? commonly referred to as UEFA EURO 2020, will take place from 11 June - 11 July 2021. Host Cities/stadia UEFA EURO 2020 is in direct reach of approximately 500 million people via broadcast, ticket sales, and international Fan Zones, enabling football to be 5 closer to fans than ever before. Hampden Park in Glasgow will host three group stage matches (14,18,22 June) and one round of 16 match (29 June). 31 days of competition billion live TV viewers estimated 2.1.1 Partners A Local Organising Committee (LOC) has been created to help deliver the event. Members of this Committee are the Scottish FA, Scottish Government, Glasgow City Council, Hampden Park Limited, VisitScotland and Police Scotland. The Championship as a whole presents a significant economic opportunity for Scotland. It will provide 19.3M another opportunity for Scotland to demonstrate to the world that Glasgow is a vibrant, cosmopolitan, dynamic city, building on the legacy of the Commonwealth Games. The LOC believes that the ticket requests during event will reinforce Scotland’s and, in particular, the first sales window Glasgow’s reputation internationally as a major event and tourist destination. 7 currencies will be used, and 10 languages spoken from Dublin in the west to Baku in the across the hosts east, the tournament spans 4,370km 6 7
2.2 UEFA European Championship (Scotland) Act 2020 – The aim is to permit businesses to operate Why Legislation is required as usual as far as possible, however the It is not unusual for the organisers of major events, for example the Olympics and Commonwealth Games, to require host cities to have specific laws in place in order to be able to host the event. The purpose of the UEFA European Championship (Scotland) Act regulations will have implications for some 2020 (2020 Act) is to help ensure successful delivery of the Championship by meeting UEFA’s requirements on ticket touting, street trading and advertising. businesses - in particular for street traders The main measures in the Act are to: around Hampden Park. • Ban ticket touting of EURO 2020 tickets for profit Further details of how the Legislation may affect you are set out in the following sections. • Restrict advertising and street trading at Hampden Park during the Championship The 2020 Act and Regulations aim: • Put in place enforcement measures to make sure that these restrictions are followed • to prevent ‘ambush marketing’ within the vicinity of Event Zone Official sponsors provide a vital source of funding for the event. The Regulations will • to ensure all UEFA EURO 2020 events have a consistent look and feel, regardless of not only help protect the investment of sponsors by preventing ambush marketing, where they are hosted but will ensure a welcoming environment for spectators, protect the character of the • to ensure fair access to tickets for all fans Championship and ensure safe access to the Event Zone.. • to ensure people can safely access and exit the Event Zone ‘Ambush marketing’ describes activities undertaken by bodies not sponsoring an event • to ensure the free flow of spectators which suggest that they (or their products) are associated with the event, or which seek to exploit interest in the event for commercial purposes by exposing their brands to • to ensure spectators and local communities have the best possible event experience spectators at the event and/or broadcast viewers. The 2020 Act will not have an impact on transport, road closures, or any of the other The detail of the offences are set out in the following (“the Regulations”): preparations which are underway for UEFA EURO 2020. • The UEFA European Championship (Trading and Advertising) (Scotland) Regulations 2020 • The UEFA European Championship (Scotland) Act 2020 (Ticket Touting Offence) (Exceptions for Use of Internet etc.) (Scotland) Regulations 2020 • The UEFA European Championship (Compensation for Enforcement Action) Regulations 2020 8 9
3. 3.1 Event Zone 4.1 What trading activity is There will be one Event Zone where the street covered by the restrictions? trading and advertising restrictions will apply - The restrictions apply to trading activity which Hampden Park. The Event Zone is an area within takes place within the Event Zone. This includes which trading and advertising activity is subject to roads and any private or public land to which the control by the 2020Act. A map of the Event Zone public has access. It does not apply to trading in a can be accessed at www.getreadyglasgow.com Where and building, unless it is usually used as a car park. when do the 3.2 Dates of operation The range of trading activities covered includes: restrictions The controls on trading and advertising activity within the Event Zone will apply during the • selling an article, for example trading from a pitch/temporary structure or mobile trading on street Championship period : • supplying a service, for example providing trading and • Hampden Park: 31 May - 29 June 2021 tables, chairs etc. on public land adjacent to cafes and restaurants (but only if this is not advertising part of the normal day-to-day business, and Local Authority or highways consents are not apply? Hampden Park has been included as an Event Zone in place as at the date the Regulations come as it will host four matches during the Championship. in to force), or providing information about a service such as breakdown cover To be able to trade or advertise legally within Event Zone when these are operational, the activity must be • making an appeal to members of the public exempt under the Regulations. to give money or other property (or both) for charitable or other purposes • providing public entertainment for gain or reward The following matters will be disregarded when determining whether a particular activity amounts to trading activity for the purposes of the Regulations: • that any gain or reward arising from the activity does not accrue to the person actually carrying out the activity • that either party to a transaction is not in an open public place when one of the following activities occurs: • an offer or exposure of an article for sale • an offer to supply a service • the completion of a transaction • that a transaction was not completed in an open public place, if one of the following activities occurs in such a place 10 11
• an offer or exposure of an article for sale, • takes place during the period for which the premises are open to the public for business • an offer to supply a service, • activity carried out by a person who has been granted permission in respect of the • that an article actually sold or service actually supplied was different from that activity by Glasgow City Council under section 119 of the Civic Government (Scotland) originally offered or exposed for sale Act 1982 (this permits charity collections) 4.2 What exceptions exist for trading? 4.3 Do I need any other licences or permissions to trade? A number of specific exceptions to permit trading are contained within the Regulations. Holding an existing local authority license or permission alone does not exempt you from The following forms of trading are treated as exceptions under the Regulations and are the restrictions on trading, but it is also important to note that the Regulations do not therefore allowed: replace the legal requirements which apply at all other times. • selling current newspapers (however this does not apply to selling current newspapers Even if an exception applies it is important that organisations or individuals ensure that, in a street if the selling is done in a manner that causes undue interference or during the Championship period, they hold any other kind of licence, consent, certificate, inconvenience to people using the street, or selling a newspaper if the purchaser is permission, or authority granted by a landowner, local authority, licensing authority, or any provided with an item or advertising supplement accompanying the newspaper which other person that is necessary to lawfully carry out the trading activity. forms part of an ambush marketing campaign) • activity undertaken by Glasgow City Council, or undertaken, controlled or restricted by The following licences must be held or applied for (as applicable). Please note that Glasgow Life authorisation is required where an exception under the Regulations does not apply: • activity undertaken by a UEFA Partner • selling or delivering an article, or supplying a service, to a person in premises adjoining CATEGORY OF TRADER REQUIREMENTS FOR ALL EVENT ZONES a road Street trader A street trading licence under the Civic Government (Scotland) Act 1982 for an area within the Event • selling a motor vehicle on private land generally used for the sale of motor vehicles Zone being applied for must have been held as at 18 • supplying motor vehicle cleaning services on private land generally used for the supply December 2020. of those services Provider of the service of The relevant permit must have been applied for from • supplying motor vehicle parking services in a building designed or on other land 'tables and chairs' on the the local roads authority under the Roads (Scotland) designed or generally used for the parking of motor vehicles highway Act 1984. Anyone holding the necessary permissions will still be required to submit approval as part of the • supplying motor vehicle breakdown and recovery services advertising regulations. • providing a public sanitary convenience (public toilet) Supplier of alcohol Any licences required under the Licensing (Scotland) Act • providing a telephone kiosk 2005. • providing an automated teller machine in or from a building for cash withdrawals and Entertainer Depending on the activity, this may require a Temporary other banking services Public Entertainment Licence under the Civic Government (Scotland) Act 1982, and evidence of such • trading as a walking tour operator a licence granted by Glasgow licensing authority (or • busking (as a performance of live music) application for such a licence) must be submitted. Supplier of food (not a street Where relevant, an application for a Late Hours Catering • supplying public transport services, including tourist services but not including trader) Licence must have been applied for. supplying pedicabs Charity collector A Public Charitable Collections Permission must be • activity on land adjacent to exempt retail premises (see below) provided that the held or have been applied for under s119 of the Civic activity Government (Scotland) Act 1982. • forms part of the usual business of the owner of the premises or a person assessed for rating in respect of the premises 12 13
4.4 How do the restrictions apply to those providing 5.1 What advertising activity is entertainment? covered by the restrictions? The provision of public entertainment for gain or reward is included in the definition of The aim is to prevent ambush marketing and to trading activity under the Regulations. This includes any form of musical or theatrical keep litter and congestion in key spectator areas entertainment in return for which someone is receiving payment or other reward. to a minimum. A number of exceptions have been made to allow businesses in the Event Zone to However, an exception has been made so that busking, which is defined as the performance of live music, will be allowed in the Event Zone. Advertising operate from their premises as normal and permit advertising which does not conflict with these aims. 4.5 What if I usually trade on the streets in an Event ‘Advertising activity’ is defined to include displaying an advertisement or distributing or Zone? providing promotional material. This could include: Street traders will not be able to trade in Event Zone unless they are an official UEFA partner or have a contract to operate in an Event Zone. • displaying, projecting, screening, emitting or exhibiting any kind of advertisement which The licensing authority will offer alternative trading arrangements. includes the display of a logo or business name, whether it is of a commercial or non- commercial nature 4.6 What happens if trading activity isn’t exempt? • distributing or providing a document or article Any trading activity within an Event Zone during a period it is in operation that is not for the purposes of promotion, advertisement, excepted will be an illegal activity and will be dealt with by enforcement officers as announcement or direction described in section 7. • carrying or holding an advertisement or something on which an advertisement is displayed • displaying an advertisement on an animal or on an item which is carried or held by an animal • wearing a costume that is an advertisement or an item or clothing on which an advertisement is displayed as part of an ambush marketing campaign • displaying an advertisement on a person’s body, e.g. body paint as part of an ambush marketing campaign For these purposes, advertisement includes any word, letter, image (including logos and other forms of branding), mark, sound, light, model, sign, placard, board, notice, screen, awning, blind, flag, device, costume or representation, whether illuminated or not which is in the nature of, and employed wholly or partly for, the purposes of, promotion, advertisement, announcement or direction. 14 15
The restrictions apply to all those who are directly or indirectly responsible for advertising In this example, the person handing out the hats would not be able to rely on this activity. This includes people who actually engage in advertising activity or who arrange exception and would be subject to enforcement action, which could include confiscation of for it to take place. It also includes people who are responsible for goods, services or the products. businesses that are advertised (such as directors or managers of businesses whose products are advertised). 5.2.3 Exceptions relating to Town and Country Planning Regulations There are a number of exceptions to the restrictions based on the Town and Country Planning (Control of Advertisements) (Scotland) Regulations 1984 (the 1984 Planning 5.2 What exceptions exist for advertising activity? Regulations). The full detail of the exceptions which are modelled on the 1984 Planning There are a number of exceptions to the restrictions, many of which aim to allow Regulations are set out in section 11. businesses to operate as normal as possible from their premises. All of the exceptions are explained in more detail in this section. CLASS OF ADVERTISEMENT (BY POSITION UNDER THE REFERENCE TO THE RELEVANT REGULATIONS 5.2.1 Exception for demonstrations and related activities CLASS WITHIN THE 1984 There is an exception to permit demonstrations and related activity. This includes any PLANNING REGULATIONS) activity intended to demonstrate support for, or opposition to, the views or actions of a person or body. It also includes activity intended to publicise a belief, cause or campaign; An advertisement incorporated in, and This is allowed as long as the advert was in or to mark or commemorate an event. Examples would be carrying placards during a forming part of the fabric of, a building place as of 18 December 2020. protest march, displaying posters promoting a particular religious belief, or distributing (Reg. 3(1)(c)). flyers in support of a political party. An advertisement displayed on enclosed This type of advertisement is allowed, land and not readily visible from outside unless it is in a railway station (including This exception does not apply to activity which promotes or advertises a product or (Reg. 3(1)(d)). its yards), a bus station (including its service, or a person or body which provides a product or service. forecourt) or any enclosed land in which a UEFA EURO 2020 event is to take place. 5.2.2 Exceptions relating to clothing and possessions Advertisements by planning authorities Allowed unless the advertisement is not The restrictions do not apply to individuals wearing clothing bearing an advertisement or (Class I(2)). wholly for the purpose of announcement or carrying personal property bearing an advertisement unless they are knowingly participating direction in relation to planning authority in an ambush marketing campaign. Likewise, the restrictions do not applyto individuals functions, or is not required for the displaying an advertisement on their body unless they are knowingly participating in an performance of those functions. ambush marketing campaign. Advertisements announcing any local Allowed unless they promote or advertise However, others involved in an ambush marketing campaign – for example, those who distribute event of a religious, educational, cultural, a good, service or commercial supplier of clothing bearing an advertisement specifically to advertise in an Event Zone –are acting in a way social or recreational character and goods or services for example, by carrying which is not permitted and will be subject to enforcement action. advertisements relating to any temporary the brand of a commercial sponsor. matter in connection with an event or a An ambush marketing campaign is a campaign (whether of one or many acts) intended local activity of such a character (Class specifically to advertise goods or services or a person who provides goods or services, inan III(4)). Event Zone when it is operational. Advertisements inside buildings (Class V). Allowed unless the advertisement is inside An example would be a person in an Event Zone who is handed a hat which advertises a a railway station or a bus station. product made by a company that is not a UEFA EURO 2020 sponsor. The person will be able to Advertisements by planning authorities Allowed unless the advertisement is not rely on the exception if they do not know, or have reasonable cause to believe, thatby wearing (Class I(2)). wholly for the purpose of announcement or the hat they are participating in a campaign intended to advertise the product in the Event direction in relation to planning authority Zone. functions, or is not required for the performance of those functions. However, once they become aware, or have reasonable cause to believe, that they arepart of such a campaign (for example, because they were informed by an enforcement officer) they will become liable under the Regulations. Enforcement officers will take a proportionate approach in matters such as this, recognising that the aim of the restrictions is to tackle coordinated attempts at ambush marketing. 16 17
5.2.4 Exceptions for businesses within stations or other buildings Advertisements in existence before A special exception applies to ‘exempt business advertisements’ within a railway station, a bus station or a sports stadium or other building in which a UEFA EURO 2020 event is the legislation came into force, and taking place or is to take place. An ‘exempt business advertisement’ is an advertisement displayed on business premises within these types of buildings. advertisements where a contract can’t The advertisement must only refer to the business carried out on, or goods or services provided on the premises, or the name or qualifications of the person carrying on the be cancelled or altered without a fine, are business or providing the goods or services. This means that standard shop and business signs and advertisements on separate identifiable business premises within stations and exempt. Event Zones (such as cafes and book shops) are permitted. It is particularly important to note that the Regulations do not replace the legal requirements that apply at all other times. Even if an exception applies, it is the 5.2.5 Other exceptions advertiser’s responsibility to ensure that, during the Championship period, they hold all There are several additional exceptions to the prohibition on advertising activity in the and any other authority or permission required for that advertising activity. Regulations, as follows: 5.3 What happens if advertising activity isn’t excepted? • Memorials and railway signals There is an exception for advertisements which are memorials or railway signals. Any advertising activity that is not in an excepted category must not take place in an Event Zone during the Championship period. If it does take place it will be an illegal activity and • Newspapers will be dealt with by enforcement officers as described in section 7. There is an exception for the distribution or provision of a current newspaper. This does not include a newspaper which is specifically intended to advertise a product, service or supplier in an Event Zone. Any receptacle from which the newspaper is distributed (such as a booth or stand) must not cause undue interference or inconvenience to persons using the street. Distributing a newspaper with an item or advertising supplement accompanying the newspaper which forms part of an ambush marketing campaign is not allowed. • Hand held devices, including mobile phones There is an exception for displaying an advertisement on a hand held mobile phone or other personal interactive communications device, unless the advertiser intends the advertisement to be displayed, by means of the device, to the public at large (rather than only to the individual using the device). An example could be a number of people holding up an advert on a tablet. • Aircraft There are exceptions for certain advertisements displayed on the body of an aeroplane or helicopter. • Street furniture There is an exception for an advertisement displayed on street furniture. The advertisement may not be illuminated, and may only bear the name, contact details or device (or any one or combination of these things) of the manufacturer, owner or operator of the street furniture. The advertisement must not be displayed as part of an ambush marketing campaign. 18 19
6. 6.1 What activity is covered by the 6.2 What exceptions exist to sell a Championship Ticket? Regulations? UEFA is permitted to sell and re-sell tickets, as long as it does not do so above the ticket’s face value. This includes sales made through its official resale site which provides a route Demand for tickets for the Championship, both in for fans who have bought tickets but no longer wish to attend matches to re-sell them at Glasgow and in other host cities, is expected to face value. exceed the number of tickets which will be available. Prohibiting the touting of match tickets is expected Face vale sales, or exchanges of tickets where there is no intention to make a profit, are to act as deterrent to touts who would seek to profit Ticket (potentially significantly) from resale of tickets. This not a criminal offence. However, exchanges like this are not permitted by UEFA and will not be valid for entry. touting will support fair access to tickets for football fans. This means that anyone caught trying to sell tickets The touting offence also does not apply where a ticket is auctioned and the proceeds given for a profit, either in person or online (including via to a charity. The details of this exception are currently being finalised. public resale sites, or privately, for example using WhatsApp) will face a fine of up to £5,000. However, acting in this way would breach UEFA’s terms and conditions of sale of match tickets, which means that someone who wins a charity auction could be refused entry to Ticket touting is defined to include the following the stadium. activity: • selling a Championship ticket for an amount The decision on whether to permit the transfer of a ticket is for UEFA. Where someone exceeding the ticket’s face value has a ticket to a EURO 2020 match and is considering auctioning this for charity, UEFA should be contacted before an auction takes place in order to determine whether it will be • offering to sell a Championship ticket for an possible to transfer the ticket. amount exceeding the ticket’s face value • exposing a Championship ticket for sale for an amount exceeding the ticket’s face value • advertising that a Championship ticket is available for purchase for an amount exceeding the ticket’s face value • making a Championship ticket available for sale by another person for an amount exceeding the ticket’s face value • giving away (or offering to give away) a Championship ticket on condition that the person given the ticket pays a booking fee, or another charge, or acquires some other goods or services This applies to acts done in or outwith Scotland. 20 21
7.1 Enforcement Officers 8.1 Penalties The 2020 Act allows Glasgow City Council to A person convicted of a ticket touting offence or designate enforcement officers to undertake an obstruction of an enforcement officer offence is enforcement of the trading and advertising liable to a fine not exceeding £5,000. requirements. The designated enforcement officers will be experienced local authority officers fully A person convicted of a trading offence or an trained in the detailed provisions of the Regulations. advertising offence is liable to an unlimited fine. The police may also enforce the Regulations. 7.2 Compensation for enforcement action The enforcement powers applicable during the Championship period include powers to enter land or premises for the enforcement of the Regulations relating to advertising and trading. Enforcement powers are also in place to enable items to be covered up, seized, or (as a last resort) destroyed. Where such powers are exercised but an offence has not been committed, then a person whose property is damaged in the course of the exercise (or purported exercise) of those entry powers may be entitled to compensation. For further information on how to claim compensation please contact info@UEFAEuro2020glasgow.co.uk. 22 23
9. Event Zone map and prohibited times 9.1 Event Zone map Downloadable version of this map is available on www.getreadyglasgow.com 24 25
If you have any questions relating to the Trading and Advertising Regulations which are not answered by this document, please contact the Host City at info@UEFAEuro2020glasgow.co.uk. Hard copies of the guidance can be made available on request to info@UEFAEuro2020glasgow.co.uk. 9.2 Prohibited Times The Prohibited times are: • Hampden Park Event Zone: Monday 31 May - Tuesday 29 June 2021 In all cases, the day begins at 00:01 and runs to 23:59. 26
11. Details of the Advertising exceptions based This means that standard shop and business signs and advertisements on separate on the Town and Country Planning (Control of identifiable business premises (such as cafes and book shops) within railway and bus Advertisements) (Scotland) Regulations 1984 (as stations and Event Zones are permitted. amended) (the 1984 Planning Regulations). (2) An advertisement displayed on or in any vehicle normally employed as a moving The following exceptions are based on classes of vehicle - Regulation 3 (1) (b) of the 1984 Planning Regulations exempt or ‘deemed consent’ advertisements in the 1984 Regulations. This includes bus and taxi advertising as well as advertising on boats ( ‘vehicle’ includes a Town and vessel normally employed as a moving vehicle on any inland waterway). country planning Under the Trading and Advertising Regulations, displaying an advertisement within any of This exception does not apply to vehicles used principally for the display of (Control of these exceptions in the Event Zones during the Prohibited Time is permitted. advertisements, e.g. stationary vehicles, mobile billboards, or trailers in fields or laybys used for advertising purposes. advertisements) The following classes of advertisement, under (3) An advertisement incorporated in the fabric of a building (other than a building (Scotland) the 1984 Planning Regulations, also benefit from an exception under the Trading and Advertising used principally for the display of advertisements) – Regulation 3 (1) (c) of the regulations 1984 1984 Planning Regulations Regulations. An example of this type of advertisement would be incised stonework lettering. (1) An advertisement displayed inside a building – Regulation 3 (1) (a) of the 1984 This exception does not include an advertisement affixed to, or painted on, the building. A Planning Regulations hoarding or similar structure would be regarded as part of a building used principally for the display of advertisements. The advertisement may not be illuminated and no part of the advertisement may be within one In addition under the Trading and Advertising Regulations this exception does not apply metre of any external door, window or other where the advertisement was not in existence on the day that the Trading and Advertising opening, through which it is visible from outside Regulations come into force. the building. (4) An advertisement displayed on enclosed land – Regulation 3 (1) (d) of the 1984 Under the Trading and Advertising Regulations, Regulations this exception does not apply if the building where the advertisement is displayed forms part ‘Enclosed land’ includes any railway station (and its yards), together with its forecourt, of a railway station or bus station or is a sports whether enclosed or not; but does not include any public park, public garden or other land stadium or other building which is a UEFA EURO held for the use or enjoyment of the public, or any railway line. 2020 location, unless the advertisement is an ‘exempt business advertisement’. The advertisement must not be readily visible from outside the enclosed land or from any place to which the public have a right of access. Exempt business advertisement means an advertisement (whether illuminated or not) Under the Trading and Advertising Regulations, this exception does not apply to displayed on business premises within a building advertisements which are displayed in a railway station, a bus station or a sports stadium (or a forecourt associated with such premises) or other building in which a UEFA EURO 2020 event is taking place. that refers wholly to any or all of the following: (5) An advertisement which refers to, and is displayed on, an article for sale, or on • the business carried on its container or dispenser – Regulation 3 (1) (f) of the 1984 Planning Regulations • the goods or services provided Advertisements of this type would come in the form of price tickets or markers, • the name or qualifications of the person tradenames on branded goods, or displayed on petrol pumps or vending machines. carrying on the business or providing the goods or services on those premises (6) An advertisement relating specifically to a pending Parliamentary, European Assembly or Local Government election, not being an advertisement to which 28 29
sub-paragraph (b) of this regulation applies – Regulation 12 (1) (a) of the 1984 Class II (2) of the 1984 Planning Regulations Planning Regulations. Advertisements relating to any person, partnership or company separately carrying on a (7) An advertisement required to be displayed by an enactment for the time profession, business or trade at the premises where any such advertisement is displayed. being in force, or by Standing Orders of either House of Parliament, including advertisements the display of which is required as a condition of the valid exercise This would include a brass plate outside a doctor’s surgery or a notice-board displaying of any other power, or proper performance of any function, given or imposed by an the names of individuals in a partnership or the name of a company operating from the enactment – Regulation 12 (1) (b) of the 1984 Planning Regulations. premises. (8) A traffic sign – Regulation 12 (1) (c) of the 1984 Planning Regulations Class II (3) of the 1984 Planning Regulations The following classes of advertisement within Classes I–VI of the 1984 Planning Advertisements relating to any institution of a religious, educational, cultural, recreational Regulations also benefit from an exception under the Trading and Advertising Regulations or medical or similar character, or to any hotel, inn or public house, block of flats, club, (subject to minor modifications in some Classes): boarding house or hostel situated on the land on which any such advertisement is displayed. Class I of the 1984 Planning Regulations Class III (1) of the 1984 Planning Regulations Functional advertisements of government departments and their agencies, local authorities, public transport undertakers. Advertisements relating to the availability for sale or letting of the land on which they are displayed. This would include the display boards of estate agents, chartered surveyors, This type of advertisement is needed by public bodies (such as Government departments auctioneers and valuers. and Local Authorities, the public utilities and public transport operators) to give information or directions about the services they provide. Class III (2) of the 1984 Planning Regulations Class I (1) of the 1984 Planning Regulations An advertisement announcing the saleof goods or livestock, and displayed on the land where the goods or livestock are situated or where the sale is held, not being land which is Advertisements relating to any of the function or operation of a local authority, community normally used, whether at regular intervals or otherwise, for the purpose of holding such council, statutory undertaker or public transport undertaker which are reasonably required sales. in order to secure the safe or efficient performance of those functions or operations and which cannot be displayed in such a manner under the provisions of these regulations This would include advertisements for an auction sale of house-contents at the house or for relating to advertisements of any other specified class. a sale of livestock on farm premises. Class I (2) of the 1984 Planning Regulations Class III (3) of the 1984 Planning Regulations Advertisements displayed by a planning authority on land in respect of which they are the Advertisements relating to the carrying out of building or similar work on the land on planning authority. which they are displayed, not being land which is normally used, whether at regular intervals or otherwise, for the purposes of carrying out such work. Under the Trading and Advertising Regulations this type of advertisement generally benefits from an exception; but advertisements that are not wholly for the purpose of announcement or Class III (4) of the 1984 Planning Regulations direction in relation to planning authority functions or are not requiredfor the performance of those functions do not benefit from the exemption and are prohibited unless authorised. Advertisements announcing any local event of a religious, educational, cultural, social or recreational character and advertisements relating to any temporary matter in connection Class II (1) of the 1984 Planning Regulations with an event or local activity of such a character, not in either case being an event or activity promoted or carried on for commercial purposes. Advertisements for the purpose of identification, direction or warning, with respect to theland or building on which they are displayed. This would include advertisements for local events that are not promoted or carried on for commercial purposes such as a church bazaar, a fête for parent-teacher association, a This would include the number or name of a house, a sign saying ‘please shut the gate’,and a sponsored swim/marathon, etc. in aid of charity or an amateur sports event. warning notice saying ‘beware of the dog’. 30 31
Under the Trading and Advertising Regulations an advertisement for a local event/activity Class VI of the 1984 Planning Regulations - Illuminated Advertisements is not exempt if it promotes or advertises a good or service, or a person or body that provides a good or service. This covers illuminated advertisements displayed on business premises wholly with reference to all or any of the following matters: the business or other activity carried on, Class III (5) of the 1984 Planning Regulations goods sold or other activity carried on, goods sold or services provided and the name or names and qualifications of the person or persons carrying on such business or activity or Advertisements relating to any demonstration of agricultural methods or processes, on providing such goods or services on those premises. the land on which they are displayed. Under the 1984 Planning Regulations, all advertisements are subject to the following Class IV (1) of the 1984 Planning Regulations conditions: • All advertisements displayed, and any land used for the display of advertisements, Advertisements displayed on business premises wholly with reference to all or any of shall be maintained in a clean and tidy condition to the reasonable satisfaction of the the following matters: the business or other activity carried on, goods sold or services planning authority provided and the name or names and qualifications of the person or persons carrying on such business or activity or providing such goods or services on those premises. • Any hoarding or similar structure, or any sign, placard, board or device erected or used principally for the purpose of displaying advertisements shall be maintained in a safe Class IV (1) only permits specified advertisements for the particular premises; it is condition to the reasonable satisfaction of the planning authority not intended to permit all forms of outdoor advertising on any business premises. • Where any advertisement is required under these regulations to be removed, the removal thereof shall be carried out to the reasonable satisfaction of the planning Class IV (2) of the 1984 Planning Regulations authority Advertisements on a forecourt of a business premises. • Before an advertisement is displayed on land the permission of the owner of that land or other person entitled to grant permission shall be obtained For advertisements subject to deemed consent: • Advertisements shall not be sited or displayed so as to obscure, or hinder the ready interpretation of any road traffic sign, railway signal or aid to navigation by water or air, or so as otherwise to render hazardous the use of any road, railway, waterway (including coastal waters) or airfield 32 33
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