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Standing at Football By John Woodhouse 31 August 2021 Standing at football Summary 1 The current position 2 Time for change? commonslibrary.parliament.uk Number 03937 Standing at football Image Credits Attributed to: Fulham FC v Bolton Wanderers, 2002 by mightymightymatze. Licensed under CC BY 2.0 / image cropped. Disclaimer The Commons Library does not intend the information in our research publications and briefings to address the specific circumstances of any particular individual. We have published it to support the work of MPs. You should not rely upon it as legal or professional advice, or as a substitute for it. We do not accept any liability whatsoever for any errors, omissions or misstatements contained herein. You should consult a suitably qualified professional if you require specific advice or information. Read our briefing ‘Legal help: where to go and how to pay’ for further information about sources of legal advice and help. 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If you have general questions about the work of the House of Commons email [email protected]. 2 Commons Library Research Briefing, 31 August 2021 Standing at football Contents Summary 4 1 The current position 6 1.1 The Football Spectators Act 1989 6 2 Time for change? 7 2.1 What has the Government said? 7 2.2 What has the Premier League said? 7 2.3 What do fans want? 8 Petition in 2018 calling for safe standing 9 2.4 SGSA research findings (June 2021) 10 3 Commons Library Research Briefing, 31 August 2021 Standing at football Summary Current position From August 1994, under the Football Spectators Act 1989 (as amended), clubs in the English Premier League and Championship have been required to provide all-seated accommodation. This followed Lord Justice Taylor’s report (Cm 962, January 1990) into the Hillsborough disaster of April 1989. The report observed: There is no panacea which will achieve total safety and cure all problems of behaviour and crowd control. But I am satisfied that seating does more to achieve those objectives than any other single measure. (para 61) (...) Apart from comfort and safety, seating has distinct advantages in achieving crowd control. It is possible to have disturbances in a seated area and they have occurred, but with the assistance of CCTV the police can immediately zoom in with a camera and pinpoint the seats occupied by the trouble-makers as well as the trouble-makers themselves... (para 64). The 1989 Act applies in England and Wales. A change to the current position would require the Secretary of State for Digital, Culture, Media and Sport to direct the Sports Grounds Safety Authority (SGSA), through secondary legislation, to allow safe standing in specified areas of grounds. Calls for change The Football Supporters’ Association (FSA) has been campaigning for the introduction of safe standing. In 2018, the English Football League and the FSA ran a “Stand Up For Choice” survey. The majority (94%) of respondents believed they should be able to choose whether to sit or stand at EFL matches. What has the Government said? The Conservative Party Manifesto for the 2019 General Election included a commitment to “work with fans and clubs towards introducing safe standing”. On 29 August 2021, the BBC reported that the Government was planning to lift the ban on standing and that various grounds in the Premier League and 4 Commons Library Research Briefing, 31 August 2021 Standing at football Championship would be able to use safe standing areas before the end of the current season. 5 Commons Library Research Briefing, 31 August 2021 Standing at football 1 The current position 1.1 The Football Spectators Act 1989 From 1 August 1994, under the Football Spectators Act 1989 (as amended), all football clubs in the English Premier League and Championship have been required to provide all-seated accommodation. Clubs promoted to the Championship for the first time have up to three years to convert any standing areas to seats. Once converted, grounds must remain all-seated, even if a club is relegated from the Championship. The 1989 Act set up the Football Licensing Authority (FLA) to operate a licensing system for grounds used for designated football matches 1 and to monitor local authorities' oversight of spectator safety. In November 2011, the FLA’s responsibilities passed to the Sports Grounds Safety Authority (SGSA). 2 It is an offence to admit spectators to a designated football match without a licence - issued by the SGSA 3 - being in force. 4 Specific licence conditions are prescribed in secondary legislation, subject to negative procedure, made under section 11 of the 1989 Act. 5 At present, these require all-seated accommodation at Premier League and Championship grounds. The 1989 Act only applies in England and Wales. There are 72 all-seated international, Premier League and Football League grounds in England and Wales. 6 A change to the current position would require the Secretary of State for Digital, Culture, Media and Sport to direct the SGSA, through secondary legislation, to allow safe standing in specified areas of grounds. 1 A designated match is defined under the Football Spectators (Designation of Football Matches in England and Wales) Order 2000 as “any association football match which is played at Wembley Stadium, at the Millennium Stadium in Cardiff or at a sports ground in England and Wales which is registered with the Football League or the Football Association Premier League as the home ground of a club which is a member of the Football League or the Football Association Premier League at the time the match is played”. 2 Section 1 of the Sports Grounds Safety Authority Act 2011 3 Section 10 of the 1989 Act 4 Section 9 of the 1989 Act 5 Section 11 of the 1989 Act 6 SGSA website, All seated football stadia [accessed 31 August 2021] 6 Commons Library Research Briefing, 31 August 2021 Standing at football 2 Time for change? Improvements in stadium design and technology, the wishes of some fans to stand, and the success of “safe standing” in European countries, has led to calls for the introduction of standing areas at Premier League and Championship grounds. Rail seating is one method of implementing safe standing. Several German football clubs use it, including Borussia Dortmund and Wolfsburg. Each ticket holder is designated a seat in the stadium. The design allows for the seat to be locked upright, allowing supporters to stand. Each row has a safety barrier to improve crowd control. For games with all-seater requirements (such as UEFA or FIFA tournaments), the seats can be unlocked and the rail seating becomes a seated section. Some Premier League (PL) clubs, including Manchester United 7, Manchester City 8, and Chelsea 9 have installed rail seating in sections of their grounds, ahead of any possible change to the current position. 2.1 What has the Government said? The Conservative Party Manifesto for the 2019 General Election included a commitment to “work with fans and clubs towards introducing safe standing”. 10 On 29 August 2021, the BBC reported that the Government was planning to lift the ban on standing and that various grounds in the Premier League and Championship would be able to use designated safe standing areas before the end of the current season. 11 2.2 What has the Premier League said? In November 2016, PL clubs discussed safe standing. In a statement, the PL said these were “initial discussions” and that there was “no overall consensus 7 “Manchester United unveil barrier seating at Old Trafford as part of commitment to improve fan relations”, Sky Sports News, 28 July 2021 8 “Manchester City to install 5,620 rail seats in preparation for safe standing”, Guardian, 24 March 2021 9 “Stadium changes and other important information ahead of Stamford Bridge return”, Chelsea FC News, 2 August 2021 10 Conservative Party, Get Brexit Done: Unleash Britain’s Potential, 2019, p26 11 “Government plans to lift football standing ban”, BBC News, 29 August 2021 7 Commons Library Research Briefing, 31 August 2021 Standing at football on the matter”. 12 In April 2018, the PL said that safe standing was “complex and nuanced and clearly requires more research". 13 2.3 What do fans want? Football Supporters’ Association campaign The Football Supporters’ Association (FSA) was formed in November 2019 when the Football Supporters’ Federation (FSF) and Supporters Direct merged. 14 The FSA is campaigning for the introduction of safe standing areas. According to the FSA, fans should not be punished for standing and there is no evidence to suggesting that standing is inherently unsafe: In the 100 years leading up to the Taylor Report the majority of fans watched football from a standing position and, in the decades since, it has never gone away, despite the attempts of the authorities to introduce all-seater stadia. The demand for standing has increased in recent years and is never likely to go away because standing ends tend to generate more noise. And football fans love a proper, rollicking atmosphere.
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