A guide to trading and advertising

 
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A guide to trading and advertising
A guide to trading
and advertising

          1
A guide to trading and advertising
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

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A guide to trading and advertising
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

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A guide to trading and advertising
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

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A guide to trading and advertising
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

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A guide to trading and advertising
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

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A guide to trading and advertising
• 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

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A guide to trading and advertising
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.

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A guide to trading and advertising
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.

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A guide to trading and advertising
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

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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

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