Closed consultation

Guidelines for taking passengers to sporting events in Scotland consultation document

Published 30 August 2023

This closed consultation was withdrawn on 8 September 2023

Consultation withdrawn in line with Senior Traffic Commissioner statement.

Applies to Scotland

1. Foreword by the Senior Traffic Commissioner

As Senior Traffic Commissioner, I have powers to issue 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. These guidelines have historically applied to Scottish operators when conveying passengers to all football matches in England and Wales but have not previously been applied to matches held within Scotland.

Having recently consulted on updating the guidelines for England and Wales, I believe that it would be appropriate to consult on the introduction of the voluntary guidelines for designated football matches held within Scotland.

In order to help us understand whether the guidelines should be adopted in Scotland, we would like to hear from industry and its representatives and other stakeholders who have an interest in the carriage of football fans by PSVs. We invite you to offer your thoughts and contributions on the proposal.

Richard Turfitt
Senior Traffic Commissioner for Great Britain

2. Introduction

2.1 Role of the Traffic Commissioners

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. Key to this is the provision of guidance to the industry on the standards expected of them.

2.2 Background

The majority of football fans are law abiding and do not intend to cause disturbances whilst travelling to or from games, but a small minority can be disruptive and impact the enjoyment of others.

The Criminal Law (Consolidation) (Scotland) Act 1995 makes it an offence for an operator to knowingly cause or permit the carriage of alcohol on public service vehicles (whose principal purpose is the transportation of supporters to designated sporting events). The only sporting events that have been designated are those under The Sports Grounds and Sporting Events (Designation) (Scotland) Order 2014/5 (“2014 Order”), which sets out the following:

• Association football matches in the Scottish Professional Football League
• Association football matches in the Scottish Lowland Football League
• Association football matches in the Scottish Highland Football League
• Association football matches in the competition for—
1. the Scottish Football Association Challenge Cup;
2. the Scottish League Cup;
3. the Scottish League Challenge Cup;
4. the Scottish Lowland Football League Cup;
5. the Scottish Highland Football League Cup;
6. the UEFA Champions League;
7. the UEFA Europa League;
8. the UEFA Super Cup; or
9. the UEFA Europa Conference League
• International association football matches in Scotland
• Association football matches (other than those specified above) which come within the jurisdiction of the Scottish Football Association Limited.

The order also covers association football matches at a sports ground outside Great Britain in which one of the participating teams represents—

1. the Scottish Football Association Limited;
2. a club which is a member of the Scottish Professional Football League;
3. a club which is a member of the Scottish Lowland Football League; or
4. a club which is a member of the Scottish Highland Football League.

In addition, operators should note that the Fireworks and Pyrotechnic Articles (Scotland) Act 2022 creates an offence for being in possession of a pyrotechnic article at a designated venue or event.

Voluntary guidelines for PSV operators on the carriage of football fans have been in place in England and Wales for a number of years. These were developed by working with stakeholders, including the Confederation of Passenger Transport, the Coach Operators Federation, the Association of Transport Coordinating Officers and the Crown Prosecution Service. The intention is to limit anti-social behaviour experienced at some football matches caused by fans travelling by PSVs to the game.

If the guidelines are contravened the traffic commissioners have powers across Great Britain to attach conditions to an operator’s licence under section 16(3) of the Public Passenger Vehicles Act 1981. The conditions can be applied to a journey that has the main purpose of carrying passenger to or from a designated sporting event and includes:

1. the times of departure and arrival of the outward journey and of the homeward journey; and
2. the length of any break in the outward journey or the homeward journey and the places at which any such break may occur.

The guidelines provide useful reference to operators, transport managers, drivers and those that represent them. This approach has worked well, and it has seldom been necessary for a traffic commissioner to take regulatory action against an operator who has contravened the guidelines. There is however concern that incidents of football related violence and disorder do still occur and may be increasing.

The Senior Traffic Commissioner now considers it appropriate to consider a consistent approach across Great Britain.

This consultation sets out the proposal for the introduction of the voluntary guidelines in Scotland. The consultation is primarily aimed at public service vehicle operators (and their representatives), police forces, football supporters and those that represent them, and other interested parties.

This list is not meant to be exhaustive or exclusive and responses are welcome from anyone with an interest in or views on the subject covered by this paper.

2.3 Scope

The consultation only seeks comment on the voluntary aspect of the guidelines. The legislative framework is a matter for the relevant Parliament and any comment on the continued relevance, or need to update Section 19 of Part II of the Criminal Law (Consolidation) (Scotland) Act 1995, the Sports Grounds and Sporting Events (Designation) (Scotland) Order 2014/5, the Fireworks and Pyrotechnic Articles (Scotland) Act 2022 or the Fireworks and Pyrotechnic Articles (Scotland) Act 2022 (Designation of Events and Incidental Provision) Regulations 2023/98 should be directed to Transport Scotland or elected representatives.

It does not fall within the remit of the Senior Traffic Commissioner.

3. Consultation

The Senior Traffic Commissioner proposes to introduce the following voluntary guidelines to apply to the carriage of passengers to football matches in Scotland.

The proposed guidelines are the same as those currently in place in England and Wales, except for the legislative references.

Proposed Guidelines

a. PSV operators taking bookings from groups of supporters are to notify the relevant Dedicated Football Officer (DFO), at least 48 hours before the event, of the number of supporters expected to travel, the number of vehicles booked, the name and the contact number for the person who made the booking. Once available the operator must also notify the VRM and driver’s name to the relevant Dedicated Football Officer.

For the purpose of these guidelines, the relevant Dedicated Football Officer means the DFO for the club that the fans are travelling to support. For example, Livingston are playing a Premiership league game away to Aberdeen. Operator A has been contracted to transport Livingston fans from Bathgate and the relevant DFO is the DFO for Livingston. Operator B has been contracted to carry Aberdeen fans to the game from Arbroath. In this case the relevant DFO is the DFO for Aberdeen.

b. Vehicles are not to stop within 10 miles of the venue either enroute to, or on departure from the event unless prior agreement is obtained from the relevant Dedicated Football Officer.

c. Unless directed by a police officer, PSVs may stop at premises where intoxicating liquor is sold only if it is sold ancillary to a substantial meal. Prior agreement for meal stops where alcohol is available should be sought from the operator’s relevant Dedicated Football Officer.

d. PSVs are to arrive at the venue no earlier than two hours before and not later than one hour before the scheduled start of the game, unless otherwise directed by police.

e. PSVs are not to set down or uplift passengers at any unauthorised locations without prior permission of the police.

f. PSVs must leave the venue within 30 minutes of the finish of the event, unless directed otherwise by a police officer or ground safety officer.

g. PSV operators are 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.

h. Intoxicating liquor, flares and similar pyrotechnics, must not be carried on PSVs travelling to or from designated grounds. Operators will draw hirers’ attention to the requirements of the law, and drivers shall, as far as reasonably practical, supervise boarding passengers and check that they are not obviously carrying intoxicating alcohol, flares and similar pyrotechnics. Drivers will not be expected to carry out baggage or body searches, nor will they be expected to confiscate alcohol or to remove passengers without police assistance. Operators may add a condition of entry to the PSV that a voluntary search may be undertaken.

i. PSV operators are to notify the Dedicated Football Officer at the destination upon arrival at an away football ground, of any chanting demonstrating hostility based on race, ethnicity religion or beliefs, sexual orientation, disability, and transgender identity or chanting of an otherwise grossly offensive or inflammatory nature which had taken place during the journey to the ground.

j. PSV operators are to have established safeguarding policies when carrying persons under the age of 18 years old. This is to include arrangements for the nomination of at least one responsible adult for the minors carried.

4. How to respond

This consultation was issued on 30 August 2023 and will run until 24 November 2023. Please ensure that your response reaches us before the closing date so that we can consider your comments.

The Senior Traffic Commissioner is particularly interested to hear views on whether the voluntary guidelines as proposed (and currently adopted in England and Wales):

1. are proportionate and appropriate to introduce for games within Scotland;
2. require amendment to reflect a particular position or issue in Scotland, and if so what that position or issue is and the suggested amendment.

When responding, state whether you are responding as an individual or representing the views of an organisation. If responding on behalf of a larger organisation:

• make it clear who the organisation represents;
• how the views of members were assembled.

To respond you can either:

4.1 4.1 Email

tccoconsultations@otc.gov.uk

4.2 4.2 Post

Mark Richardson
Policy and Business Support Officer
Traffic Commissioner Corporate Office
Hillcrest House
386 Harehills Lane
Leeds
LS9 6NF

We do not expect you to submit evidence or views in response to every question listed, if not applicable.

5. 5. Freedom of information

Information provided in response to this consultation, including personal information, may be subject to publication or disclosure in accordance with the Freedom of Information Act 2000 (FOIA) or the Environmental Information Regulations 2004.

If you want information that you provide to be treated as confidential, be aware that, under the FOIA, there is a statutory code of practice with which public authorities must comply and which deals, amongst other things, with obligations of confidence.

In view of this, it would be helpful if you could explain to us why you regard the information you have provided as confidential. If we receive a request for disclosure of the information, we will take full account of your explanation, but we cannot give an assurance that confidentiality can be maintained in all circumstances. An automatic confidentiality disclaimer generated by your IT system will not, of itself, be regarded as binding on the Traffic Commissioners for Great Britain.

The Traffic Commissioners for Great Britain will process your personal data in accordance with the Data Protection Act, this will mean that your personal data will not be disclosed to third parties.

6. 6. Crown copyright

This consultation is covered by the rules of Crown copyright the Department for Transport and the UK government adhere to.