Standing at football By John Woodhouse 31 August 2021 - UK Parliament
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By John Woodhouse 31 August 2021 Standing at football Summary 1 The current position 2 Time for change? commonslibrary.parliament.uk
Number 03937 Standing at football Image Credits Attributed to: Fulham FC v Bolton Wanderers, 2002 by mightymightymatze. Licensed under CC BY 2.0 / image cropped. Disclaimer The Commons Library does not intend the information in our research publications and briefings to address the specific circumstances of any particular individual. We have published it to support the work of MPs. You should not rely upon it as legal or professional advice, or as a substitute for it. We do not accept any liability whatsoever for any errors, omissions or misstatements contained herein. You should consult a suitably qualified professional if you require specific advice or information. Read our briefing ‘Legal help: where to go and how to pay’ for further information about sources of legal advice and help. This information is provided subject to the conditions of the Open Parliament Licence. Feedback Every effort is made to ensure that the information contained in these publicly available briefings is correct at the time of publication. Readers should be aware however that briefings are not necessarily updated to reflect subsequent changes. If you have any comments on our briefings please email papers@parliament.uk. Please note that authors are not always able to engage in discussions with members of the public who express opinions about the content of our research, although we will carefully consider and correct any factual errors. You can read our feedback and complaints policy and our editorial policy at commonslibrary.parliament.uk. If you have general questions about the work of the House of Commons email hcenquiries@parliament.uk. 2 Commons Library Research Briefing, 31 August 2021
Standing at football Contents Summary 4 1 The current position 6 1.1 The Football Spectators Act 1989 6 2 Time for change? 7 2.1 What has the Government said? 7 2.2 What has the Premier League said? 7 2.3 What do fans want? 8 Petition in 2018 calling for safe standing 9 2.4 SGSA research findings (June 2021) 10 3 Commons Library Research Briefing, 31 August 2021
Standing at football Summary Current position From August 1994, under the Football Spectators Act 1989 (as amended), clubs in the English Premier League and Championship have been required to provide all-seated accommodation. This followed Lord Justice Taylor’s report (Cm 962, January 1990) into the Hillsborough disaster of April 1989. The report observed: There is no panacea which will achieve total safety and cure all problems of behaviour and crowd control. But I am satisfied that seating does more to achieve those objectives than any other single measure. (para 61) (...) Apart from comfort and safety, seating has distinct advantages in achieving crowd control. It is possible to have disturbances in a seated area and they have occurred, but with the assistance of CCTV the police can immediately zoom in with a camera and pinpoint the seats occupied by the trouble-makers as well as the trouble-makers themselves... (para 64). The 1989 Act applies in England and Wales. A change to the current position would require the Secretary of State for Digital, Culture, Media and Sport to direct the Sports Grounds Safety Authority (SGSA), through secondary legislation, to allow safe standing in specified areas of grounds. Calls for change The Football Supporters’ Association (FSA) has been campaigning for the introduction of safe standing. In 2018, the English Football League and the FSA ran a “Stand Up For Choice” survey. The majority (94%) of respondents believed they should be able to choose whether to sit or stand at EFL matches. What has the Government said? The Conservative Party Manifesto for the 2019 General Election included a commitment to “work with fans and clubs towards introducing safe standing”. On 29 August 2021, the BBC reported that the Government was planning to lift the ban on standing and that various grounds in the Premier League and 4 Commons Library Research Briefing, 31 August 2021
Standing at football Championship would be able to use safe standing areas before the end of the current season. 5 Commons Library Research Briefing, 31 August 2021
Standing at football 1 The current position 1.1 The Football Spectators Act 1989 From 1 August 1994, under the Football Spectators Act 1989 (as amended), all football clubs in the English Premier League and Championship have been required to provide all-seated accommodation. Clubs promoted to the Championship for the first time have up to three years to convert any standing areas to seats. Once converted, grounds must remain all-seated, even if a club is relegated from the Championship. The 1989 Act set up the Football Licensing Authority (FLA) to operate a licensing system for grounds used for designated football matches 1 and to monitor local authorities' oversight of spectator safety. In November 2011, the FLA’s responsibilities passed to the Sports Grounds Safety Authority (SGSA). 2 It is an offence to admit spectators to a designated football match without a licence - issued by the SGSA 3 - being in force. 4 Specific licence conditions are prescribed in secondary legislation, subject to negative procedure, made under section 11 of the 1989 Act. 5 At present, these require all-seated accommodation at Premier League and Championship grounds. The 1989 Act only applies in England and Wales. There are 72 all-seated international, Premier League and Football League grounds in England and Wales. 6 A change to the current position would require the Secretary of State for Digital, Culture, Media and Sport to direct the SGSA, through secondary legislation, to allow safe standing in specified areas of grounds. 1 A designated match is defined under the Football Spectators (Designation of Football Matches in England and Wales) Order 2000 as “any association football match which is played at Wembley Stadium, at the Millennium Stadium in Cardiff or at a sports ground in England and Wales which is registered with the Football League or the Football Association Premier League as the home ground of a club which is a member of the Football League or the Football Association Premier League at the time the match is played”. 2 Section 1 of the Sports Grounds Safety Authority Act 2011 3 Section 10 of the 1989 Act 4 Section 9 of the 1989 Act 5 Section 11 of the 1989 Act 6 SGSA website, All seated football stadia [accessed 31 August 2021] 6 Commons Library Research Briefing, 31 August 2021
Standing at football 2 Time for change? Improvements in stadium design and technology, the wishes of some fans to stand, and the success of “safe standing” in European countries, has led to calls for the introduction of standing areas at Premier League and Championship grounds. Rail seating is one method of implementing safe standing. Several German football clubs use it, including Borussia Dortmund and Wolfsburg. Each ticket holder is designated a seat in the stadium. The design allows for the seat to be locked upright, allowing supporters to stand. Each row has a safety barrier to improve crowd control. For games with all-seater requirements (such as UEFA or FIFA tournaments), the seats can be unlocked and the rail seating becomes a seated section. Some Premier League (PL) clubs, including Manchester United 7, Manchester City 8, and Chelsea 9 have installed rail seating in sections of their grounds, ahead of any possible change to the current position. 2.1 What has the Government said? The Conservative Party Manifesto for the 2019 General Election included a commitment to “work with fans and clubs towards introducing safe standing”. 10 On 29 August 2021, the BBC reported that the Government was planning to lift the ban on standing and that various grounds in the Premier League and Championship would be able to use designated safe standing areas before the end of the current season. 11 2.2 What has the Premier League said? In November 2016, PL clubs discussed safe standing. In a statement, the PL said these were “initial discussions” and that there was “no overall consensus 7 “Manchester United unveil barrier seating at Old Trafford as part of commitment to improve fan relations”, Sky Sports News, 28 July 2021 8 “Manchester City to install 5,620 rail seats in preparation for safe standing”, Guardian, 24 March 2021 9 “Stadium changes and other important information ahead of Stamford Bridge return”, Chelsea FC News, 2 August 2021 10 Conservative Party, Get Brexit Done: Unleash Britain’s Potential, 2019, p26 11 “Government plans to lift football standing ban”, BBC News, 29 August 2021 7 Commons Library Research Briefing, 31 August 2021
Standing at football on the matter”. 12 In April 2018, the PL said that safe standing was “complex and nuanced and clearly requires more research". 13 2.3 What do fans want? Football Supporters’ Association campaign The Football Supporters’ Association (FSA) was formed in November 2019 when the Football Supporters’ Federation (FSF) and Supporters Direct merged. 14 The FSA is campaigning for the introduction of safe standing areas. According to the FSA, fans should not be punished for standing and there is no evidence to suggesting that standing is inherently unsafe: In the 100 years leading up to the Taylor Report the majority of fans watched football from a standing position and, in the decades since, it has never gone away, despite the attempts of the authorities to introduce all-seater stadia. The demand for standing has increased in recent years and is never likely to go away because standing ends tend to generate more noise. And football fans love a proper, rollicking atmosphere. It’s one of the reasons we fall in love with the game. Fans should not be punished for standing and there is no evidence to suggest that standing is inherently unsafe. Repeated attempts to force supporters to sit since 1991 have not only failed but also created conflict between the authorities and matchgoers. The FSA opposes any clampdown aimed at supporters engaging in persistent standing. However, not all fans want or are able to stand at the match. Supporters standing in front of those who prefer to sit is a significant customer care issue, particularly away from home. The problem is exacerbated by current legislation which makes it very difficult for clubs to manage this in a sensible and pragmatic manner. 15 The FSA website gives further detail on its campaign. “Stand Up For Choice” survey The English Football League (EFL) and the then FSF ran a “Stand Up for Choice” survey between 27 April and 10 May 2018. There were over 33,000 responses. The survey found that 94% of respondents wanted to be able to 12 “Premier League statement on safe standing”, Premier League News, 17 November 2016 13 Quoted in “Premier League clubs want more evidence on safe standing”, BBC Sport, 18 April 2018 14 “The FSF is now the FSA”, FSF News, 12 November 2019 15 FSA website, Stand Up For Choice [accessed 31 August 2021] 8 Commons Library Research Briefing, 31 August 2021
Standing at football choose whether to sit or stand at EFL matches. 16 The full results are available from the EFL website. Shaun Harvey, the then EFL Chief Executive, said that current legislation was “not appropriate” and unfair: …it is the view of the EFL that the current legislation is not appropriate, with some League One and League Two clubs allowed standing areas in their stadiums but others not. When you consider the position in the Championship, it is equally unfair as clubs are required after three years to only offer seated accommodation. The standard of football on the pitch can have no bearing on whether standing accommodation should be available. If standing is permitted at a football match in League One, then why not a game from the division above if they are designed to the same standards? 17 Petition in 2018 calling for safe standing A 2018 petition called for safe standing at PL and Championship grounds: Safe Standing offers a much safer alternative to fans who wish to stand, rather than sit at football matches. After the highly successful introduction to rail seating at Celtic Park, as well as numerous Bundesliga clubs, many football fans feel that laws preventing standing areas should be relaxed. Some football clubs that already have successfully installed rail seating are: Celtic, Werder Bremen, Hamburg SV, Vfl Wolfsburg, Hannover 96 and the famous “yellow wall” at Borussia Dortmund. In conclusion, there is a clear demand for safe standing with 92% of respondents saying fans should be given the choice to stand in safe standing areas, in a poll by the Football Fans Census, and it would only promote English football further by improving the overall matchday experience. The petition closed on 8 June 2018. It was signed by over 112,000 people. Government response In its response, the Department for Digital, Culture, Media and Sport (DCMS) said that it would need “strong evidence and rationale” to change the current position. The petition was debated in the House of Commons on 25 June 2018. Tracey Crouch, the then Sports Minister, acknowledged the increasing support for a 16 “Stand Up For Choice: Biggest ever fan response shows overwhelming support in standing debate”, EFL news, 1 June 2018 17 Ibid 9 Commons Library Research Briefing, 31 August 2021
Standing at football change to current policy but said that any change needed to be evidence based. She therefore announced that the DCMS was commissioning an evidence review: (…) The one thing we need to do is to collect and analyse the evidence that exists and ensure that all views on this issue can be heard and considered before we make any decision on changes to the all-seater policy…We need proper evidence and solutions about how risks associated with standing would be addressed and what systems might be needed to achieve this. The first step is to gather that data and to conduct further research if necessary. Today I can announce that we will commission an external analysis of evidence relating to the all-seater policy…As well as looking at what evidence already exists and assessing its reliability, that work will look to identify any important gaps in data, including injury data, and recommend the best ways of filling them… 18 The evidence review was undertaken by CFE Research between November 2018 and January 2019. An October 2019 report set out the findings and concluded that there was a lack of “robust evidence” on whether a change to current policy would ensure “equivalent or improved spectator safety”. There was therefore “significant scope” for further research to build the evidence base. 19 2.4 SGSA research findings (June 2021) In August 2019, the SGSA commissioned independent research on the nature and scale of standing at football, the associated safety risks and how to mitigate them. 20 A final report was published in June 2021. The authors claimed that it began to address the gaps in understanding, noted in the DCMS’ October 2019 report (section 2.3 above), about the risks of persistent standing. The report found, among other things, that the installation of barriers or rails could have a positive impact on spectator safety, particularly in mitigating the risk of a progressive crowd collapse: …barriers almost completely eliminate the possibility of forwards or backwards movement during goal celebrations and the risk of a surge that could cause injury to those in front. Standing on unlocked seats, seat backs and barriers is, however, possible and could cause injuries, but these would likely be a result of a deliberate act and 18 HC Deb 25 June 2018 cc273-4WH 19 Jo Welford et al, Standing at Football A Rapid Evidence Assessment, CFE Research, October 2019, pp5-6 20 SGSA website, Research [accessed 31 August 2021] 10 Commons Library Research Briefing, 31 August 2021
Standing at football other spectators remain better protected against this where barriers have been installed. Spectators and staff are satisfied that barriers have improved safety. The installation of barriers or rails is perceived to have wider, positive effects on spectator behaviour. Police have not been deployed to areas with barriers operated by the case study clubs this season. Barriers also help to enhance spectators’ feelings of safety which increases their enjoyment of the game. Areas where standing is tolerated are popular with spectators because of the atmosphere that is created. Wheelchair platforms have been successfully integrated into tolerated standing areas to provide a more inclusive experience. Creating areas where standing is tolerated (with or without barriers) does not appear to encourage or increase the likelihood that spectators will engage in the risk behaviours that pose a threat to safety. It does not appear to increase standing elsewhere in a stadium, but neither does it eradicate it. Strict enforcement of the seating policy in other areas can be effective, but can take time to embed… 21 Persistent standing amongst away spectators remained the biggest challenge. 22 The report said that, in the event of any change in legislation, it would be important to monitor implementation and evaluate the success of strategies to manage spectator safety in order to fully understand potential risks and the most effective management strategies for these areas. 23 21 Standing in seated areas at football stadia, final report for the SGSA by CFE Research, June 2021, p4 22 Ibid, p4 23 Ibid, p4 11 Commons Library Research Briefing, 31 August 2021
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