Standing at football By John Woodhouse 31 August 2021 - UK Parliament

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Standing at football By John Woodhouse 31 August 2021 - UK Parliament
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.

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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

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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.

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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]

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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

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      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]

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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

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      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]

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              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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