Summary of Responses
Updated 19 July 2023
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This publication is available at https://www.gov.uk/government/consultations/guidelines-for-taking-passengers-to-sporting-events-in-england-and-wales/outcome/summary-of-responses
1. Introduction
The Traffic Commissioners for Great Britain are independent specialist regulators. They are responsible for the licensing and regulation of commercial vehicle operators and regulating the conduct of professional drivers in the lorry, bus and coach industries.
As part of their key strategic objectives, the commissioners aim to promote a safe road transport industry which supports compliance, fair competition and protects the environment.
The Senior Traffic Commissioner issues Statutory Guidance and Statutory Directions to the Traffic Commissioners for Great Britain, these are referred to as the Statutory Documents.
The Statutory Documents are published to explain how the traffic commissioners work to deliver consistent and fair regulation of the transport industry and represents our efforts to modernise the licensing regime.
Annex C of Statutory Document 1: Good repute and fitness sets out the voluntary guidelines on the carriage of passengers to designated sporting events in England and Wales, specifically association football matches. These guidelines have been in place for a number of years, having been developed and agreed across a number of different stakeholders.
2. What we consulted on
We consulted on changes to update terminology and address emerging issues related to policing of football fans. The consultation was launched on 8 June 2023 and ran until 6 July 2023.
During the consultation stakeholders were asked to comment on a number of proposed changes to the guidelines. These included:
- Changes to the description of vehicle type
- Updating the role of Police Liaison Officer to Dedicated Football Officer (DFO)
- Clarifying to which DFO operators should notify
- Adding an obligation to comply with instructions from police officers
- Expanding what is considered offensive chanting
- Requirement for a safeguarding policy for the carriage of children
3. Executive Summary
A total of 3 responses were received. We are grateful for the time respondents took to reply.
| Organisation | Number of responses |
|---|---|
| Trade associations | 1 |
| Police | 1 |
| Individuals | 1 |
The responses were generally positive about the amendments proposed in this consultation and respondents made useful suggestions to improve clarity and understanding.
4. Detailed Summary of Responses
One respondent requested that the law be amended to ban the carriage of alcohol to all sporting events. As stated in the consultation document, the Senior Traffic Commissioner does not have the power to change legislation. Anyone seeking to do so is advised to contact their local elected representative.
4.1 Heading: Carriage of passengers to association football matches
A respondent suggested an amendment to the proposed heading as it was potentially misleading in that the guidelines might apply to any association football match.
The Sports Grounds and Sporting Events (Designation) Order 2005 defines Association football matches, namely in which one or both of the participating teams represents a club which is for the time being a member (whether a full or associate member) of the Football League, the Football Association Premier League, the Football Conference National Division, the Scottish Professional Football League or Welsh Premier League, or whose home ground is situated outside England and Wales, or represents a country or territory.
It would be impracticable to list these events in the guidelines. There was no intention to bring association football games that fall outside of the designation into scope of the guidelines and the title of the guidelines has been changed to: ‘Carriage of passengers to designated association football matches’.
4.2 Wording: Legal requirements
A respondent suggested an amendment to the wording when referring to designated sporting events to narrow the definition from any association football match, whether national or international, as defined in Schedule 2 of the Sports Grounds and Sporting Events (Designation) Order 2005 (as amended). It was suggested the wording would state ‘certain association football matches whether national or international, as defined in Schedule 2’.
The Senior Traffic Commissioner is content to accept this amended wording.
4.3 Vehicle Type
The change to the guidelines proposed a change in the vehicle descriptor used from ‘coach’ to public service vehicles (PSV). This is intended to aid clarity to the guidelines in that the law applies to all PSVs. There were no objections or concerns raised in amending the vehicle descriptor.
4.4 Amended Role Descriptor
It is proposed that the guidelines are updated to reflect the change in the terminology used within policing from Police Liaison Officer to: Dedicated Football Officer (DFO). There were no objections or concerns raised in amending the role descriptor.
4.5 Notification to Dedicated Football Officer
The update to guidelines sought to require operators to notify their local DFO of a booking to transport supporters. This amends the current guidelines which refer to the destination being notified. This change was intended to reflect the existing relationship an operator is likely to have with the local officer so that the local DFO can liaise with the DFO at the destination, the contact details for which the operator is unlikely to know.
One respondent raised concerns that operators may be regularly transporting home fans from areas outside of the usual catchment area for a club, and that they will have established contacts with DFOs at the destination clubs. It was suggested that the local DFO may have no relationship with the destination club.
The guidelines are based on the transportation of ‘away’ supporters to games. It is recognised that some supporters regularly travel to watch home games, particularly for larger teams. Following consultation with the UK Football Policing Unit we have amended the guidelines to change the term to ‘relevant DFO’ and define that as: the DFO responsible for the club that the fans are travelling to support. For example, West Ham are playing a premier league game away to Leeds United. Operator A has been contracted to transport West Ham fans from Romford, the relevant DFO is this case would be the DFO for West Ham. Operator B has been contracted to carry Leeds United fans to the game from Barrow in Furness. In this case the relevant DFO would be the DFO for Leeds.
The same respondent asked for clarity on which DFO an operator should contact for prior agreement to stop within 10 miles of the destination. The guidelines have been updated to clarify that this agreement should be sought from the ‘relevant’ DFO as set out above.
4.6 Offensive Chanting
This paragraph described the issue of offensive chanting and the action that should be taken to report such occurrences. It was proposed to extend the description of what is considered offensive chanting.
One respondent was in agreement with the proposal to extend the categories of offensive chanting, but raised a concern that a driver could be placed in a difficult position when reporting fans who would be making a return journey. It was suggested that the guidelines could be changed so that the driver is to notify their employer who would then raise the issue with their relevant DFO.
The requirement for a driver to report offensive chanting is an existing requirement within the guidelines. Neither the Senior Traffic Commissioner nor the police seek to alter that principle. This clause is seeking to address what might be criminal offences. In practice, any police intervention has to take place at the time of the event with the driver as the relevant witness. Reporting through the driver’s employer is likely to delay police action, as such there will be no change to this established principle.
4.7 Compliance with Instructions
This proposed an additional clause that PSV operators are required to follow all reasonable instruction given by police or enforcement officers at all times. This includes, but is not limited to, routing and stopping arrangements. This reflects current statutory guidance for all operators.
No objection or concern was raised to this proposal.
4.8 Carriage of Children
The proposed update includes a requirement that operators establish a safeguarding policy for unaccompanied minors.
This was welcomed by respondents. One respondent enquired whether it was possible to clarify the number of children that one adult could be responsible for.
We have considered whether it is possible to set a limit of children that one adult can take responsibility for but due to the variability of circumstances we do not find that it is possible to do so. Travelling with a number of primary school children will present different challenges to a number of 17 year olds. It is for the operator to conduct a risk assessment in each case and consider the number of named responsible adults they need to ensure minors are safeguarded.
5. Next steps
The Senior Traffic Commissioner thanks all respondents and contributors involved in the updating of these guidelines. The updated guidelines and statutory guidance has been issued accordingly.