Consultation on Draft Glasgow Commonwealth Games (Trading and Advertising) (Scotland) Regulations 2013

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First published by the Scottish Government, May 2013
ISBN: 9781782565772 (web only)

E-book first published by the Scottish Government, May 2013
ISBN 9781782565789 (Enhanced EPUB)

The Scottish Government
St Andrew's House
Edinburgh
EH1 3DG

Produced for the Scottish Government by APS Group Scotland DPPAS14278 (05/13)

Published by the Scottish Government, May 2013

Contents

Consultation on Draft Glasgow Commonwealth Games (Trading and Advertising) (Scotland) Regulations 2013

Ministerial Foreword

Purpose

1. Introduction and Background

2. Language

3. Trading Proposals

4. Advertising Proposals

5. Enforcement

6. Right to Seek Review

7. Event Zones and Boundary Maps

Annex A: How to Respond

Annex B: Respondent Information Form

Annex C: Consultation Questions

Draft Scottish Statutory Instruments

Ministerial Foreword

The Glasgow 2014 Commonwealth Games will be the largest multi-sport event ever held in Scotland. Over the course of 11 days of sporting competition, athletes, officials and spectators from around the globe will enjoy the world-class facilities and welcome that Glasgow and the whole of Scotland can offer. The Games therefore provide a fantastic opportunity for Scotland to demonstrate its capability to deliver high-profile events on an international stage.

All of the Games partners are committed to welcoming visitors and spectators while protecting the character, integrity, safety and security of the Games and also minimising the disruption to local people and businesses.

These regulations support this aim and the Scottish Government's commitment to regulating outdoor trading and advertising in and around Games venues and live sites. In particular the regulations will protect the revenue generated through sponsorship by ensuring that companies who have paid for Commonwealth Games association rights have their commitment protected. These sponsors have exclusive rights to associate their brands with the Games and the regulations prevent 'ambush marketing' by non-sponsor organisations.

Street traders wishing to trade in the vicinity to Games locations will also need to be authorised ensuring there is no inappropriate selling and that the designated areas highlighted in the regulations allow the free flow of spectators and traffic to and from the Games venues.

I am keen to hear views on the draft regulations based on local experiences and knowledge of the designated zones where restrictions are proposed. All responses to the consultation will be considered prior to the introduction of the legislation to the Scottish Parliament.

Shona Robison
Minister for Commonwealth Games and Sport

Purpose

The purpose of this consultation is to seek your views on the draft Regulations which are included with this document. It is a requirement of hosting the Glasgow 2014 Commonwealth Games that the Scottish Government meets its commitments to the Commonwealth Games Federation to regulate outdoor trading and advertising in and around Games venues.

1. Introduction and Background

The Commonwealth Games Act 2008

1.1 The Glasgow Commonwealth Games Act 2008 ('2008 Act') sets out the broad framework for ensuring that the necessary legislation required for the Commonwealth Games is in place.

1.2 The Act specifies that it is an offence to trade in the vicinity of a Games location at a prohibited time (the trading offence) and makes provision for Scottish Ministers to specify exemptions to the trading offence through regulations (secondary legislation).

1.3 The Act also specifies that it is an offence to advertise in the vicinity of a Games location at a prohibited time (the advertising offence) and makes provision for Scottish Ministers to specify exemptions to the advertising offence through regulations.

1.4 These regulations set out the detail of the trading and advertising offences and prescribe the circumstances for which exemptions will apply. The regulations also set out the circumstances under which trading and advertising activity may be authorised.

Consultation and Scope

1.5 The Commonwealth Games Federation's Host City Contract requires the Scottish Government to introduce legislation necessary to prohibit ambush marketing, eliminate unauthorised street trading and control advertising space during the period of the Glasgow 2014 Commonwealth Games. This consultation focuses on the scope of advertising activity and trading which we propose to regulate, the areas within which the regulations will apply (the "event zones") and the time periods during which the regulations will be in force (the "event periods").

1.6 We are particularly keen to seek views from those likely to be affected, such as street traders and their organisations, advertisers and their organisations and local authorities. However, we also welcome views from others. While we are committed to regulating advertising and trading in accordance with the 2008 Act during the Games, we will consider all views on the scope of the regulations. All responses will be carefully considered.

1.7 When developing the draft regulations we have taken account of regulations for advertising and street trading which were introduced for the London 2012 Olympics and Paralympics, and their practical implementation and effect. The 2012 regulations incorporated Hampden Park in Glasgow which hosted a number of the Olympic football matches. The experience of developing and implementing the 2012 regulations has been useful in shaping the draft regulations for the Commonwealth Games.

1.8 We have also engaged with a range of stakeholders when developing these draft regulations, including the Glasgow 2014 Organising Committee, Police Scotland and local authorities. This engagement has helped to shape the draft regulations and, in particular, has informed the development of the event zones.

1.9 The Glasgow 2014 Commonwealth Games will involve a number of competition venues within the City of Glasgow. In addition to the Glasgow venues the diving competition will be held at the Royal Commonwealth Pool in Edinburgh, the triathlon will be held at Strathclyde Country Park in North Lanarkshire, the shooting competitions will be held at the Barry Buddon Shooting Centre near Carnoustie and the mountain bike competition will be held at Cathkin Braes which covers areas in both the City of Glasgow and South Lanarkshire. The road cycling and marathon races, by their nature, also have more extensive boundaries. "Live sites" have also been identified to act as a central focus for Games visitors and host a number of Games cultural events. These have also been included in the draft regulations.

1.10 The Scottish Government understands the importance of enacting laws that are reasonable and proportionate. Our proposed advertising and trading regulations are intended to allow the majority of businesses to continue operating as normal, while ensuring that Games interests are not compromised. As such, the overarching principles used to determine the extent of the event zones gave consideration to:

- Compliance with the obligations under the Host City Contract

- Prevention of ambush marketing

- Providing a welcoming environment for spectators

- Providing safe and secure routes allowing for free flow of spectators

- Ensuring the focus of the Games is on the sporting competition

- Showcasing localities

- Maximising the spectator experience

- Enhancing the reputation of Glasgow and Scotland as a destination for international events

- Minimising the disruption to the City and local Businesses

1.11 Under the 2008 Act the advertising and trading offences do not apply to activity undertaken by the Organising Committee or the Commonwealth Games Federation (so long as the trading is done in accordance with any conditions imposed by the regulations).

1.12 We are proposing that the regulations include a number of exemptions. These include certain advertisements on businesses premises (such as standard shop signs) which do not require express consent from local planning authorities under the existing law. Likewise, advertising on vehicles that are not used principally for the display of advertisements (such as taxis and buses) would be exempt. For trading, exemptions will include selling newspapers (but not giveaways) and trading on private land adjacent to shops and cafes where the trading forms part of the usual business of the shop or café.

1.13 Out with the exemptions, to enable appropriate and relevant advertising and trading within the event zones, there will be an authorisation process whereby advertisers and traders can apply to advertise or trade during the Commonwealth Games period. The Glasgow 2014 Organising Committee is the designated authorisation body. Where a trader cannot be authorised, assistance will be provided by the relevant Local Authority to help them identify acceptable alternatives.

1.14 The regulations will be enforced by designated enforcement officers, appointed by the Organising Committee and drawn from local authorities, who are experienced in enforcement activity (for example Trading Standards Officers). Offenders could face having offending items seized, removed or destroyed and may face prosecution through the criminal courts.

1.15 In complying with the Scottish Government's duty to bring the effect of the regulations to the attention of affected and interested persons, Scottish Ministers were obliged to give two years' notice of the general nature of the regulations. This was achieved by publishing information about the likely contents of the regulations in April 2012. That information is available here: http://www.scotland.gov.uk/Publications/2012/04/7060

1.16 Scottish Ministers are further required to give six months' notice of the detailed provisions of the regulations. This will be achieved by alerting stakeholders including traders and advertisers with details of the respective authorisation processes including application procedures, decision timeframes, the internal review process and any other relevant information on how the Glasgow 2014 Organising Committee can assist. This criteria will be set out in full in the publication of an "Advance Public Notice".

2. Language

2.1 Primary Legislation

Primary legislation consists of the main laws passed by the legislative bodies of the UK. The Scottish Parliament has the power to legislate for Scotland on matters that are not specifically reserved to the UK Parliament.

2.2 Secondary Legislation (Scottish Statutory Instrument – SSI)

Can also be referred to as subordinate legislation and is law made by Ministers under powers which are given to them by Parliamentary Acts (primary legislation), usually in order to implement and administer the requirements of the Acts.

2.3 The Glasgow Commonwealth Games (Trading and Advertising)(Scotland) Regulations 2013

The draft legislation for consultation (included)

2.4 Glasgow Commonwealth Games Act 2008

The 2008 Act (primary legislation) provides the overarching framework governing the Glasgow 2014 Commonwealth Games. Section 2 of the 2008 Act provides that it is an offence to trade in the vicinity of a Games location at a prohibited time and Section 10 provides that it is an offence to advertise in the vicinity of a Games location at a prohibited time. The 2008 Act enables Scottish Ministers to make these Regulations further elaborating on the restrictions set out in the 2008 Act.

2.5 Commonwealth Games Federation (CGF)

The CGF is the custodian of and rights holder in the Commonwealth Games with responsibility for the overall direction and control of the Games. It has final approval authority for all Games arrangements and provides advice and support to the Glasgow 2014 Organising Committee.

2.6 Host City Contract

The contract with the CGF outlining the undertakings and governance responsibilities required to deliver the Games. For the 2014 Commonwealth Games the partnership consists of Glasgow City Council as the host city local authority, the Organising Committee, Glasgow 2014 Limited and the Scottish Government.

2.7 The Organising Committee, Glasgow 2014 Ltd (OC)

Glasgow 2014 Limited is the official name for the Glasgow 2014 Commonwealth Games Organising Committee (the OC). The OC is the company established to deliver the 2014 Commonwealth Games in Glasgow.

2.8 Master Licencee

The Master Licencee is Venue Retail 2014 Limited, the company authorised by the OC to have the exclusive right to produce and retail products bearing the trade marks and other intellectual property owned or licensed to the OC.

2.9 Event Periods

In all cases the day begins at 00:01am and runs to 23:59pm.

2.10 Event Zones

The area of proposed regulation where the restrictions will apply. The maps, included as part of this consultation, reflect the individual boundaries within which the regulations will be enforced. Building frontages along the boundary lines will be included.

2.11 Live Sites

These areas at Glasgow Green, Kelvingrove Park and George Square/Merchant City will be a central focus of the Games, encouraging visitors to attend a range of events and cultural activity held over the duration of the Games. The Live Sites will form part of the Event Zones.

2.12 Boundaries

The event zone maps which set out the restricted areas all have boundary lines which usually follow the line of the roads. In all cases, with the exception of the cycle road race, cycle time trial and marathon, the boundary line will include any pavements and the frontages of the buildings.

For the cycle road race, cycle time trial and marathon only the advertising restrictions will apply to the actual roads.

2.13 Field of Play

The specific area where the competition will take place. for example a hockey pitch.

3. Trading Proposals

3.1 The 2008 Act makes it an offence to trade within the vicinity of a Games location unless that trading takes place within a building, is subject to one of the exceptions defined within the trading regulations or has been authorised in accordance with the trading regulations by the OC.

3.2 In Scotland, street trading is currently regulated under the Civic Government (Scotland) Act 1982. Local authorities may resolve to apply a licensing scheme in their area and can choose to restrict it to particular forms of street trading or particular geographical areas. The 1982 Act provides for a street trader's licence to be required for trading by a person whether on his or her own account or as an employee. There are certain exemptions set out in the Act, relating to the sale of certain goods, and for activities in respect of which a pedlar's certificate has been granted.

3.3 The general street trading rules as outlined under the Civic Government (Scotland) Act are not sufficient to meet the aims of our policy and requirements for governance of trading around Commonwealth Games events. The key aims are:

- To protect the revenue generated through sponsorship by ensuring that companies who have paid for Commonwealth Games association rights have their commitment protected. These sponsors have exclusive rights to associate their brands with the Games and the regulations prevent 'ambush marketing' by non-sponsor organisations.

- To protect the character, integrity and safety and security of the Games by eliminating inappropriate advertising and street trading.

- To control street trading in relevant designated areas to ensure safety of spectators, and the free flow of spectators and traffic to and from the Games venues.

3.4 Provision to regulate trading during the Commonwealth Games, in accordance with the above aims, is therefore included within the 2008 Act.

3.5 Section 1(2)(b)(ii) of the 2008 Act provides that Ministers can specify by order additional sites, which are not sporting venues and are not in the immediate vicinity of a sporting event, for inclusion in regulation. As George Square and the Merchant City fall under this definition, it is intended to introduce an order designating these sites as Games locations. This would mean that the Trading and Advertising regulations will be applicable within these boundaries.

3.6 The regulations will apply despite any licences or consents currently in existence under which a person is otherwise authorised to trade. That means that a person will need to hold a current licence for the relevant activity in addition to being authorised under the regulations in order to trade in the areas where the regulations apply, during the periods when they apply.

3.7 Section 7 of this document sets out individual event zone maps covering the areas where the restrictions will apply and authorisation to trade and advertise will be required. The 2008 Act enables the regulations to apply during different periods for different places. Accordingly, we have tailored our proposals so that there is a specific event period for each event zone.

Scope and Definitions

3.8 The regulations apply to trading which takes place:

- on a road, or

- in another place to which the public have access and which is not in a building (except a car park building).

3.9 In the draft regulations we have called these places 'open public places'. An open public place may be public or private land – private land will amount to an open public place where the public have access to the land, whether generally or for the purpose of the trading. So, for example, trading in private front gardens or on other private land onto which the public is invited for the purposes of trading will be included. Trading in temporary structures like tents or portable sheds will also be included. Trading in places other than open public places (such as inside shops, malls, covered markets, railway stations and other buildings) will not be affected by the regulations.

3.10 We propose that the definition of street trading in the regulations includes the following activities where they take place in an open public place:

- selling an article or supplying a service;

- trading as a pedlar;

- making an appeal to members of the public to give money or other property (or both) for charitable or other purposes;

- providing public entertainment for gain or reward

3.11 For these purposes 'selling' an article or 'supplying' a service includes offering to sell or supply or exposing an article for sale. Consequently a person will be treated as trading if they are offering goods for sale, even if they do not actually sell any goods.

3.12 Public entertainment includes a performance of live music, any playing of recorded music, a performance of dance, a performance of a play, or any other similar form of entertainment, for direct charge or with a view to selling recordings or other media linked to the performers or performance.

3.13 We propose that activity will amount to street trading whether or not gain or reward accrues to the person actually carrying out the trading activity. This will ensure, for example, that trading undertaken by unpaid volunteers or for charitable purposes is caught by the regulations even though the volunteers do not obtain any economic benefit from it.

3.14 In addition, we propose that the following matters should be disregarded when determining whether a particular activity amounts to street trading for the purposes of the regulations:

- the fact that either party (the buyer or seller) was not in an open public place when a transaction or part of a transaction (such as an offer) took place;

- the fact that a transaction was completed elsewhere than in an open public place (where the offer or exposure of the article for sale took place in an open public place), for example upon the internet;

- the fact that an article sold or service provided is different from those offered or exposed for sale.

Control of Trading

3.15 We propose that the street trading regulations apply to all those who are directly or indirectly responsible for trading. This includes people who undertake trading or arrange for it to take place. It also includes people who are responsible for businesses that trade (such as directors or managers of trading companies) and people who own, occupy or manage land (whether directly or indirectly) on which trading takes place.

3.16 It is proposed that a number of specific street trading exceptions will apply. These will permit forms of trading that do not undermine the aims of the 2008 Act and the regulations.

3.17 In addition, some exceptions will ensure that people who should not be held responsible for unlawful trading escape liability, for example, landowners who take steps to prevent trading taking place on their land or where trading takes place without a landowners' knowledge.

3.18 The regulations shall apply to trading activity whether or not it is a continuation of an activity which was carried out before the regulations came into force.

Exceptions

3.19 Where a trader does not benefit from a specific exception they must apply for authorisation from the OC to trade in an event zone during the event period.

3.20 We propose that exceptions for the following forms of trading appear in the regulations:

- trading undertaken or controlled by the Organising Committee on enclosed land which is a Games location.

- Selling current newspapers or periodicals provided that the trader complies with rules about any receptacles used for the papers or periodicals;

- trading in the form of delivery;

- providing various motor vehicle-related services on private land generally used for those purposes – such as selling cars from a car sale yard, operating an established car wash business, and providing parking services in a car park building;

- providing a public sanitary convenience, such as a public toilet;

- providing a permanent telephone kiosk;

- trading as a walking tour operator

- supplying public transport services, however, not including pedicabs;

- trading on private land adjacent to shops, cafés and related premises, and petrol stations, provided that the trading forms part of the usual business of the shop, café, etc., and is carried out by the current owner and operator of that business;

- trading activity carried out by the master licencee is permitted without authorisation.

3.21 The regulations contain a defence for people who have an interest in or are responsible for a trading business or who own, occupy or manage land on which trading takes place. We propose that such people should avoid liability under the regulations where they prove that the trading took place without their knowledge or that they took all reasonable steps to prevent the trading taking place, continuing or recurring.

3.22 Traders that wish to trade in an open public place within an event zone during the event period will only be able to rely on a specific exception if their trade fits within the description of that exception. If it does not, they will need to apply to be authorised by the OC, even if they hold an existing trading licence or other authorisation under the general law.

Authorisation to Trade

3.23 The 2008 Act provides for the OC (or a person appointed by it) to authorise people to trade in the areas affected by the regulations. The OC may delegate administrative functions relative to the authorisation process.

3.24 The OC will look to the main aims of the 2008 Act and the regulations when considering authorisation. The focus will be ensuring that existing business can continue to operate, or operate with conditions attached, without compromising these main aims.

3.25 Traders who are not exempt will need to apply for authorisation to the OC. Not all traders will be eligible for authorisation. The OC will give consideration to a range of issues when deciding whether to grant authorisation. The authorisation criteria is currently being developed and will be set out in full in the Advance Public Notice. Criteria may include but shall not necessarily be limited to:

- whether a trader's pitch is particularly close to a venue and is likely to interfere with main spectator flows or pose a security risk because of its location;

- the overall number of traders within an event zone and the consideration of flow of people;

- whether a trader has a history of failing to comply with existing regulations or trading conditions;

- whether a trader held an existing street trading licence at a pre-existing date depending on the local licensing procedures;

- whether the trader is a mobile trader or a trader from a fixed stance;

- whether the trader holds an existing street trading licence for the event zone applied for;

- consumer protection and product safety issues.

3.26 In order to prevent applications being made for purposes other than allowing the conduct of trade, the OC may require as part of the authorisation process the submission of evidence of a history of trading conduct. Such evidence may include the presence of an existing licence which has been in effect for a degree of time, or indeed the presence of consecutive prior temporary licences. The OC will approach the type and threshold of evidence required on an area by area basis.

3.27 Each application will be considered against these and other criteria and the trader will be notified of the decision. There will be a right of appeal for traders who are not granted an authorisation. Details of the appeal process will be developed and publicised alongside the authorisation process.

3.28 The OC has absolute discretion in relation to the authorisation process. The authorisation process is in development and will be publicised to traders in the Advance Public Notice. Where there are limited authorisations available for a particular area, the OC may allocate these through a ballot. Authorisations will contain terms, which if not adhered to may lead to the cancellation of authorisation. The authorisation process will be time limited, and contain deadlines by which applications must be made.

3.29 A fee may be charged to cover the administrative costs involved with the authorisation grant and management process. It is proposed that any fee charged by the OC in connection with authorisation will not exceed £70.

3.30 The 2008 Act permits trading authorisations to be subject to terms and conditions which may be inconsistent with, or more onerous than the terms and conditions of, any other licence/certificate held by the person in respect of trading (e.g. a local authority street trading licence). At Games times it may be necessary for additional restrictions to be placed on trading times or the sale of certain types of goods or services. The OC will be reasonable and proportionate when determining whether to impose any conditions. Conditions will be imposed where they are deemed necessary to meet the aims set out in this document.

3.31 The OC will provide information to those affected by the regulations, about the regulations and their implications on the OC's website with a dedicated email address for specific queries. The OC is working with local authorities, trade associations, etc. to ensure that its advice reaches those people directly affected by the regulations, as well as a wider audience.

3.32 Where authorisation is not granted, local authorities must seek to work with existing street traders to try to identify alternative trading arrangements during the times when the trading restriction applies.

Impact

3.33 It may be necessary to limit both the number and range of traders who are able to conduct their business in a particular area during particular periods. This could have an impact on competition. However, the regulations will apply to relatively small areas for short periods of time and, accordingly, the impact on competition will not be substantial, widespread or long lasting.

3.34 Restrictions on numbers may be necessary to ensure the free flow and safety of spectators to venues, and also to allow for proper management of security. This may mean that traders that currently operate in open public places near a Games venue may not be authorised to trade in those locations at Games time.

3.35 Under the 2008 Act local authorities will work with existing street traders to try and identify alternative trading arrangements during the times in which the trading restriction applies. This means that if a trader with an existing license is not granted authorisation then the local authority will work with them to try and put in place alternative arrangements.

3.36 The Scottish Government is committed to minimising the burden on small businesses caused by these regulations and maximising the wider benefits of the Games. Accordingly, in developing these regulations we have considered all viable alternatives to preventing traders from conducting their business.

Questions

Question 1

Do you agree that the scope and definition of street trading as set out at paragraphs 3.8 to 3.13 are appropriate? If no, please provide additional or alternative suggestions.

Question 2

Do you perceive any difficulties in disregarding the matters set out at paragraph 3.14? If yes, please provide details.

Question 3

Do you perceive any difficulties in providing the exceptions set out at paragraph 3.20? If yes, please provide details.

Question 4

Do you agree that the master licencee, as outlined at paragraph 2.7, should be permitted to trade without authorisation? If no, please state why not.

Question 5

Do you agree with the broad conditions proposed to apply to the authorisation process as set at paragraph 3.25. If no, please state why not.

Question 6

Do you agree with the proposal for a ballot to be held to allocate authorisation in the event of oversubscription? If not, please provide an alternative suggestion.

Question 7

Do you agree with the proposal that a fee of up to £70 may be charged in connection with an application for authorisation? If no, please state why and provide an alternative proposal.

Question 8

Do you agree that further regulation, as outlined at paragraph 3.5, should allow the inclusion of George Square and the Merchant City as Games related locations for the purposes of controlling advertising and street trading in these areas.

4. Advertising Proposals

4.1 Games sponsors provide a vital source of funding for the Commonwealth Games, without which Scotland would not be able to host the Games. In return for this funding sponsors have exclusive rights to associate their brands with the Games. Unauthorised advertising in the vicinity of Games venues is a form of marketing commonly employed by non-sponsor entities through which they attempt to create an association with the Games, gaining the benefit of the association rights sponsors have paid for, but also at the same time diminishing the integrity of the Games. This is commonly known as ambush marketing. Such activity undermines the value of Games sponsorship.

4.2 The physical display of advertisements is currently controlled in Scotland by the Town and Country Planning (Control of Advertisements) (Scotland) Regulations 1984 (TCPA). Local planning authorities are responsible for the day to day operation of the advertisement control system. Existing advertisement regulations enable local planning authorities to control advertisements, when it is justified, in the interests of 'amenity' and 'public safety'. Some types of advertisement are exempt from detailed control; and other specified categories of advertisement qualify for what is called 'deemed consent', giving them automatic permission provided they conform to stated conditions and limitations for each category.

4.3 As with the trading proposals, by focussing under the TCPA on 'amenity' and 'public safety' the TCPA does not entirely achieve the key aims to control advertising activity around Games events. Other existing legislation, such as that relating to the use of trademarks, and the protection of consumers, also does not fully enable the achievement of such aims. These aims are:

- Ensuring Games events have a consistent "celebratory" look and feel.

- Preventing ambush marketing.

- Ensuring people can easily access Games venues.

4.4 Further, although current legislation gives local authorities the ability to require removal of illegal advertisements on private property, the removal process is too slow to deal effectively with advertisements installed during or immediately prior to the Games.

4.5 Ambush marketers often seek to find new and innovative ways to associate brands in an unauthorised fashion with large scale events. To protect the interests of the Games as far as is reasonable we have proposed a broad definition of advertising activity so that the regulations capture all the kinds of possible activity.

4.6 The 2008 Act sets out key restrictions and the broad framework for the regulations. It provides that the regulations may apply to advertising activity of any kind including non-commercial announcements and notices, the distribution of documents and articles, and the display or projection of words, images, lights and sounds. The regulations may cover advertising activity on both public and private land.

4.7 Accordingly, it is proposed that the regulations apply to all types of advertising activity, including billboards, posters and other 'traditional' forms of advertising, but also the distribution of flyers and giveaways, projected advertising (e.g. lasers and light shows), moving and aerial advertising and advertising in the form of costumes or which is displayed on clothing worn as part of an ambush marketing campaign. The regulations will apply to advertising activity on public or private land within an event zone regardless of whether it is the subject of existing permissions or consent (e.g. from the landowner or the local planning authority).

Control of Advertising Activity

4.8 We propose that the regulations apply to all those who are directly or indirectly responsible for advertising activity (subject to a general defence set out in the 2008 Act – see below). This will include people who actually undertake advertising activity or arrange for it to take place, and people that maintain advertisements. It will also include people who are responsible for goods, services or businesses advertised (such as directors or managers of companies whose products are advertised) and people who own, occupy or manage land (whether directly or indirectly) on which advertising activity takes place.

4.9 The regulations shall apply to an advertising activity, whether or not it is a continuation of an activity which was carried out before the regulations came into force.

Exceptions

4.10 In crafting specific exceptions to the proposals described above, we have sought to exempt both activity that does not conflict with the underlying aims of the 2008 Act and the regulations and people who are only unknowingly involved in advertising activity.

4.11 For example, we propose that activity intended to demonstrate support for or opposition to a person's or body's views be exempt from the regulations as long as that activity does not promote or advertise a good or service or is not carried out for a commercial purpose or for gain. Likewise, activity intended to publicise a belief, cause or campaign or to mark or commemorate an event should also be exempt (again, if it does not promote or advertise a product or service and is not carried out for a commercial purpose or for gain).

4.12 We also propose that people who wear costumes and clothing on which branding is displayed will be exempt from the regulations, unless they are knowingly taking part in an ambush marketing campaign. However, others involved in an ambush marketing campaign – for example those that distribute clothing bearing an advertisement specifically to cause those wearing the clothing to unwittingly advertise in an event zone – will remain liable.

4.13 We have proposed a range of exceptions that are based on the existing legislation regulating advertising. As with that legislation, these exceptions are subject to detailed requirements as to the size and placement of advertisements and other conditions. For example, we have proposed an exception for certain advertisements on business premises (such as standard shop signs) which do not require express consent from local planning authorities under the existing law. To qualify for this exception, an advertisement must meet the detailed size and other conditions referred to in the regulations. Similarly we propose that advertisements on vehicles not principally being used to display advertisements (such as taxis and buses operating in the normal way) also be exempt.

4.14 Other exceptions based on existing advertising legislation include:

- Advertisements displayed inside buildings, except railway and bus stations and sports stadiums and other buildings in which Games events take place.

- Advertisements incorporated into the fabric of buildings as at the date the regulations come into force.

- Small, non-illuminated advertisements displayed on articles for sale or containers in, or from which, articles are sold. (This exception applies only to advertisements that refer to the article for sale.)

- Advertisements of government departments and their agencies, local authorities, local planning authorities, public transport undertakers, and statutory undertakers, which relate solely to their core public functions and duties.

- Small, non-illuminated identification, direction or warning advertisements displayed on the premises to which they relate.

- Small advertisements relating to people or companies carrying on a business at premises on which the advertisement is displayed.

- Advertisements relating to the specific business of hotels, hostels, B & Bs etc. displayed on the premises to which they relate.

- Advertisements announcing local events of a religious, educational, cultural, political, social or recreational character, not being an event or activity promoted or carried on for a commercial purpose or for gain.

- Advertisements displayed on business premises or the forecourt of a business premises wholly with reference to the business carried on, the goods sold or services provided, or details about the person providing the goods or service.

- Small advertisements directing potential buyers and others to residential developments.

4.15 There are also a number of miscellaneous exceptions which include the distribution or provision of newspapers or periodicals, advertising as part of a condition of an authorisation to trade at Games time, and the displaying of branding relating to the manufacturer or operator of an item of street furniture.

Authorisation to advertise

4.16 Advertising activity to which the regulations apply and which is not covered by a specific exception may only be undertaken with the OC's authorisation.

4.17 The OC has absolute discretion as to whether or not to grant an authorisation.

4.18 The OC must have regard to the Host City Contract and other obligations incumbent upon it before granting an authorisation to advertise.

4.19 The OC has indicated that it proposes to authorise advertising activity which is consistent with the aims of the regulations.

4.20 Advertisers who are not exempt will need to apply for authorisation to the OC. Not all advertisers will be eligible for authorisation which will be at the discretion of the OC. The authorisation criteria is currently being developed and will be set out in full in the Advance Public Notice. Criteria may include but shall not necessarily be limited to:

(i) advertising activity undertaken by Glasgow 2014 sponsors for products within their sponsor product category, including displaying advertisements on outdoor advertising spaces in the event zones ;

(ii) the display of Glasgow 2014 'Look' (i.e. decorative Games-related street dressing) displayed by local authorities and other organisations, with the Organising Committee's agreement;

(iii) advertising activity undertaken by non-commercial partners (including local authorities and government departments) which is non-commercial in nature; and

(iv) permanent or customary advertising which is not specifically excepted by the regulations but which does not suggest that the brand advertised is associated with the Games and does not seek to gain advantage for the brand advertised by reason of its proximity to a Games venue (examples may include illuminated signage for films advertised outside a cinema). The Organising Committee does not anticipate there being many authorisations granted of this nature.

4.21 When considering an application for authorisation the image and presentation of the Games will also be considered. There will be a right of appeal for advertisers who are not granted an authorisation. Authorisations will contain terms which if not adhered to may lead to the cancellation of authorisation

4.22 It is proposed that there will be no fee payable for an application to be authorised to advertise.

4.23 We propose that any authorisation granted by the OC be subject to a number of conditions imposed by the regulations. These include:

- that the person engaging in the activity holds any other licence or authorisation that is required before the person may advertise;

- that any advertisement be sited and displayed in a safe manner (e.g. so as not to obscure traffic signs);

- that any advertisement be maintained so as not to impair visual amenity or endanger the public;

- that the advertisement made is not otherwise in breach of applicable laws or regulations, including any relevant industry codes of practice.

Questions

Question 9

Do you agree that the scope and definition of advertising as set out at paragraphs 4.7 to 4.8 is appropriate? If no, please provide additional or alternative suggestions.

Question 10

Do you perceive any difficulties in providing the exceptions set out at paragraphs 4.11 to 4.15? If yes, please provide details.

Question 11

Do you agree with the broad conditions proposed to apply to the authorisation process as set at paragraph 4.23. If no, please state why not.

Question 12

Do you perceive any difficulties with the proposals as they apply to advertising?

5. Enforcement

5.1 The regulations will be enforced by enforcement officers designated by the OC or a police officer. The enforcement officers may be drawn from teams within local authorities, who are familiar in dealing with street trading and advertising offences (e.g. trading standards officers).

5.2 Section 21(2)(b) of the 2008 Act provides that Scottish Ministers may specify enforcement officer criteria, in addition to that set out in section 21(2)(a) of the 2008 Act. It is proposed that further regulation will be introduced, The Glasgow Commonwealth Games (Enforcement Officer Criteria) (Scotland) Regulations 2013, to provide for this.

5.3 This means that the enforcement officers are likely to be local to where the venue is or event is taking place and in all likelihood will be familiar with the local traders, will know the local area and will be able to use their existing powers if necessary to deal with other offences.

5.4 Offenders could face having offending items seized, removed or destroyed. Deliberate ambush offences will be dealt with using the full enforcement powers conferred on designated officers to secure compliance, these serious offences could also potentially be reported for prosecution.

Questions

Question 13

Do you agree that the criteria to be set out in the Regulations outlined at paragraph 5.2 should be;

"Officers who are authorised to carry out enforcement functions under the Trade Marks Act or the Civic Government (Scotland) Act and/or officers who have been authorised by a local weights & measures authority to carry out enforcement functions under legislation which that authority has a duty to enforce?"

If no please provide an alternative

Question 14

Do you agree that the Regulations will reduce the risk of rogue trading and advertising? If no please state why not.

6. Right to Seek Review

6.1 The regulations contain a right of review meaning that a person who has applied for an authorisation from the OC and who is dissatisfied with the decision received may request that Scottish Ministers review that decision.

6.2 A request for review must be made in writing within 21 days of the date on which the OC's decision was communicated to the applicant. The request must include relevant information or evidence.

6.3 Scottish Ministers must review the decision within 21 days of receiving a request for review. The decision of Scottish Ministers is final.

6.4 On reviewing the decision, Scottish Ministers may confirm the original decision or substitute a new decision.

6.5 Scottish Ministers must communicate the outcome of the review to the person making the review request.

Question 15

Do you agree the review procedure is appropriate? If no please state why not.

7. Event Zones and Boundary Maps

The event zones are described below and set out in the attached maps. The dates for restriction in respect of each event zone in the main coincide with the day before the commencement of competition, with any exceptions to this outlined as appropriate.

In the majority of cases, the maps address transport considerations, for example, the route to the venue from the nearest transport hub (e.g. train station).

The main routes between transport hubs and venues will provide opportunity for advertising exposure and trading commensurate to being within the actual venue, as the significant majority of spectators will travel along these routes. By extending the event zones to cover these areas this will help to prevent ambush marketing along key routes and will also help address other appropriate concerns, for example, ensuring safety and security by preventing obstructions.

7.1 Barry Buddon Shooting Centre

Period of restriction: 24 July – 29 July 2014

The Barry Buddon Shooting Centre is situated near Carnoustie on the east coast of Scotland, on Ministry of Defence land. The Ministry of Defence land will host the shooting events for the Games, including clay target, full bore, pistol and small bore shooting.

The venue, which will allow spectators to experience and enjoy all shooting competition formats on one site, will have trading and advertising restrictions covering the competition area, access routes to the competition area and the open, accessible areas around the competition venue which are visible from the Field of Play (and therefore present a high risk of ambush marketing). The event zone extends across the Carnoustie Golf Course to behind the Carnoustie Hotel.

Restrictions will apply from 24 July – 29 July 2014, covering the days of competition plus one day before the competition. Authorisation to trade and advertise, within the boundary set out on the map, will be required within this period.

see map http://www.scotland.gov.uk/Resource/0042/00422550.pdf (487k)

7.2 Cathkin Braes Mountain Bike Trails

Period of restriction: 28 July – 29 July 2014

The Cathkin Braes Mountain Bike Trails which are situated on the south side of Glasgow will host the mountain bike competition. This purpose built, international standard course has been constructed amid the beautiful scenery of the Cathkin Braes' hills offering spectators a unique mountain bike experience with views across Glasgow.

The event zone covers the whole competition area, access routes to the competition area and the open, accessible areas around the competition venue which are visible from the mountain bike competition route and therefore present a high risk of ambush marketing. This includes Cathkin Braes Golf Course Club House and car park.

Although this is a one day event, restrictions will apply from 26 July – 27 July covering the day of competition plus the day before the event, to accommodate clearing the area and erecting the authorised advertising. Authorisation to trade and advertise, within the boundary set out on the map, will be required within this period.

see map http://www.scotland.gov.uk/Resource/0042/00422551.pdf (586k)

7.3 Celtic Park and The Emirates Arena

Period of restriction: 18 July – 3 August 2014

The Emirates Arena is a venue located in Dalmarnock next to the athletes' village. As this site is also adjacent to Celtic Park there will be a single event zone containing Celtic Park.

The zone will cover the Clyde Gateway and the main access routes to the venues, from Dalmarnock station, from Bridgeton station and from Bellgrove station.

Celtic Park which has a seating capacity of 60,000 will host the Glasgow 2014 Commonwealth Games Opening Ceremony on 23 July. The restricted dates cover the opening ceremony and the days of dress rehearsals.

The Emirates Arena is one of the largest most versatile facilities of its kind in Europe. Seating 5,000 spectators, the indoor athletics arena can be converted to accommodate a range of sports. The large sports hall can accommodate 12 badminton courts and will host the badminton competition for the Games between 24 July and 3 August.

The Emirates Arena includes the Sir Chris Hoy Velodrome, which has a 250-metre track, and will host the track cycling. It has a permanent viewing capacity of 2,500 with an additional 2,000 temporary seats being installed for the Games. The cycling competition will run from 24 July to 27 July.

Restrictions will apply in this event zone for an extended period from 18 July to 3 August. Authorisation to trade and advertise will be required within this period.

see map http://www.scotland.gov.uk/Resource/0042/00422552.pdf (868k)

7.4 Glasgow City Road Cycling

Period of restriction: 2 August – 3 August 2014

This event zone covers the road which forms the cycling route, with the exception of the start and finish areas which are covered by the Glasgow Green Precinct event zone.

The restrictions apply for the day of competition plus one day before competition, again with the exception of the start and finish areas which are captured by the Glasgow Green Precinct event zone.

see map http://www.scotland.gov.uk/Resource/0042/00422553.pdf (893k)

7.5 Glasgow City Time Trial Cycling

Period of restriction: 30 July – 31 July 2014

This event zone covers the road which forms the time trial route with the exception of the start and finish areas which are covered by the Glasgow Green Precinct event zone.

The restrictions apply for the day of competition plus one day before competition, again with the exception of the start and finish areas which are captured by the Glasgow Green Precinct event zone.

see map http://www.scotland.gov.uk/Resource/0042/00422554.pdf (922k)

7.6 Glasgow City Marathon Course

Period of restriction: 26 July – 27 July 2014

This event zone covers the road which forms the route of the marathon with the exception of the start and finish areas which are covered by the Glasgow Green Precinct zone.

The restrictions apply for the day of competition plus one day before competition, again with the exception of the start and finish areas which are captured by the Glasgow Green Precinct zone.

see map http://www.scotland.gov.uk/Resource/0042/00422555.pdf (954k)

7.7 Glasgow Green Precinct Zone

Period of restriction: 18 July – 3 August 2014

The Glasgow Green Precinct event zone will be covered by the restrictions as it will host the Queen's Baton Relay celebration event and will also be used for the start and finish of the two cycling road events, and the marathon. The event zone will also be a live site throughout the duration of the Games, and will be a primary focus for visitors to the Games with 40,000 visitors to the site expected daily.

The restrictions cover the date of the Queen's Baton Relay celebration event to be held at Glasgow Green, the dates of operation of the live site and the dates of the road events, plus the day before the Queen's Baton Relay celebration event.

The restrictions will apply from 18 July to the 3 August.

see map http://www.scotland.gov.uk/Resource/0042/00422556.pdf (868k)

7.8 Glasgow National Hockey Centre

Period of restriction: 18 July – 3 August

The newly established Glasgow National Hockey Centre, which has been developed in Glasgow Green specifically for the Games, will leave a lasting legacy of world class sporting facilities in the form of the Glasgow National Hockey Centre. In addition to the dedicated synthetic hockey pitches, athlete and official support areas and spectator stands have also been developed.

The Glasgow National Hockey Centre is situated by the Glasgow Green Precinct which will host the start and finish points of the marathon and the cycling road and time trial events. Both the King's Bridge and the Polmadie Bridge fall within the event zone boundary.

Due to its proximity to the Glasgow Green Precinct event zone the restrictions will apply for the same period as the Glasgow Green Precinct event zone restrictions, from 18 July to the 3 August.

see map http://www.scotland.gov.uk/Resource/0042/00422557.pdf (676k)

7.9 Hampden Park Precinct

Period of restriction: 23 July – 3 August 2014

The extended Hampden Park Precinct zone will host all the track and field athletics competitions in addition to the Games closing ceremony. The stadium, which will hold 44,000 spectators for the Games, will be transformed from a football venue into an international-standard track and field facility. There will also be a warm-up track established next to the stadium at Lesser Hampden, with secure, direct access from this site into the main stadium.

Although this venue hosted football competition for the 2012 Olympics, with related advertising and street trading restrictions, the event zone at this major venue is much wider than in respect of the Olympics. The event zone includes the Queens Park recreation ground in the North West, and encompasses Prospecthill Road, Hampden Park, the Toryglen Football Centre out to Mount Annan Drive to the south of Hampden Park. Restrictions will also apply for the length of Kingswood Drive from Kings Park Station.

The event zone is wide to address expected enhanced footfall, activity across, and as such risk within the area. Games access routes differ considerably from "normal" access routes to Hampden.

Restrictions will be in place within the event zone from 23 July to the 3 August. This covers the days of competition and the closing ceremony plus three days before competition. Due to the high profile nature of the athletics events taking place at Hampden this period is considered necessary to ensure ambush marketing does not occur between the opening ceremony and the start of competition.

see map http://www.scotland.gov.uk/Resource/0042/00422558.pdf (791k)

7.10 Ibrox Stadium

Period of restriction: 25 July – 27 July 2014

Ibrox Stadium which has a seating capacity of 50,000, will host the Rugby 7's competition on 26 and 27 July. The marathon will also pass through the event zone on the 27 July. The event zone covers the competition venue, the training venue and the main access routes to the competition area.

In addition to the event zone around the stadium, the restrictions will apply east along Paisley Road West, which will form a section of the Marathon Route

Restrictions will be in place from 25 July to the 27 July.

see map http://www.scotland.gov.uk/Resource/0042/00422559.pdf (737k)

7.11 Kelvingrove Lawn Bowls Centre

Period of restriction: 18 July – 3 August 2014

Kelvingrove Lawn Bowls Centre has been upgraded to international standard. The five newly reconstructed bowling greens will host the lawn bowls competitions. 2,500 temporary seats will be installed for the events.

This site is situated next to the Kelvingrove Art Gallery and Museum and Kelvingrove Park where there will also be a series of cultural events.

The restrictions cover the 9 day lawn bowls competition, the duration of the wider cultural events and also the time of the road race, part of the route of which is through the live site.

The event zone covers the competition venue, the main access routes to the competition venue and the live site within Kelvingrove park (which is expected to attract 20,000 visitors daily).

see map http://www.scotland.gov.uk/Resource/0042/00422560.pdf (872k)

7.12 Merchant City Zone

Period of restriction: 18 July – 3 August 2014

This event zone covers two live sites planned to hold cultural events as part of the Games. The restrictions will be in place for the duration of the live site activities, from 18 July to 3 August. The event zone covers George Square and parts of Glasgow's Merchant City. The live sites will be a central focus for visitors to the Games due to their proximity to all venues. The marathon route also passes through these areas.

Authorisation to trade and advertise, within the boundary set out on the map, will be required within this period.

see map http://www.scotland.gov.uk/Resource/0042/00422561.pdf (729k)

7.13 Royal Commonwealth Pool, Edinburgh

Period of restriction: 29 July – 2 August 2014

The Royal Commonwealth Pool is an Edinburgh based site which will host the 4 days of diving competition. This historic venue which hosted the aquatics events for the 1970 and 1986 Commonwealth Games has undergone a major refurbishment to enable it to meet international standards.

The event zone will consist of the area at the front of the building, on Dalkeith Road. The event zone also extends across Holyrood Park Road incorporating the Scottish Widows site and Parkside Terrace. The Edinburgh University Halls of Residence also fall within the event zone.

The restrictions will be in place from 29 July to the 2 August which includes the day before the competition.

see map http://www.scotland.gov.uk/Resource/0042/00422562.pdf (684k)

7.14 Scottish Exhibition Conference Centre Precinct

Period of restriction: 18 July – 3 August 2014

The recently extended Scottish Exhibition and Conference Centre campus, which includes the newly built Hydro venue, the established Clyde Auditorium and the Exhibition Centre Halls, will form the largest and one of the most exciting multi-sport precincts of the Games.

This will be a busy area hosting the competitions for six sports; boxing, gymnastics, judo, netball, wrestling and weightlifting. It is anticipated that there may be as many as 18,000 spectators at peak times due to overlapping events.

The Hydro venue will seat 12,500 spectators and host both the artistic and rhythmic gymnastics competitions and the netball finals competitions.

The Clyde Auditorium will host the weightlifting competitions, while the Exhibition Centre Halls will host the boxing, judo, netball preliminaries and the wrestling. The venue will also serve as a media hub for the press and host the International Broadcast Centre and the Main Press Centre.

Given the range of competition dates and the fact that the site will also be the home of the International Broadcast Centre and Main Press Centre, the event zone will extend beyond the immediate period of event competition.

The event zone extends out to Pacific Drive including the BBC, STV and Science Centre buildings (which given their substantial frontages present a substantial risk from an ambush marketing perspective).

Authorisation to trade and advertise, within the boundary set out on the map, will be required between 18 July and the 3 August.

see map http://www.scotland.gov.uk/Resource/0042/00422563.pdf (500k)

7.15 Scotstoun Sports Campus

Period of restriction: 23 July – 3 August 2014

The Scotstoun Sports Campus has been upgraded to accommodate the squash and table tennis competitions. The new facilities will have 2,500 temporary seats installed for the Games. The boundary of the event zone extends to include Westland Drive and the elevated area towards Jordanhill, including Jordanhill College but not the playing fields.

These events run from the 24 July through to the end of the Games on the 3 August. The restrictions extend to one day before the competition start, from 23 July to 3 August.

see map http://www.scotland.gov.uk/Resource/0042/00422564.pdf (901k)

7.16 Strathclyde Country Park

Period of restriction: 23 July – 26 July 2014

Strathclyde Country Park will host the triathlon event. The loch will be used for the swimming, with the cycling and running stages taking place along the upgraded network of roads and pathways. These events run from 24 July to 26 July. The restrictions extend to one day before the competition start, from 23 July to 26 July.

The event zone covers the areas of competition plus the main access route to the competition area.

see map http://www.scotland.gov.uk/Resource/0042/00422565.pdf (745k)

7.17 Tollcross International Swimming Centre

Period of restriction: 23 July – 29 July 2014

The facilities at the Tollcross International Swimming Centre have been extensively refurbished to host the Games swimming competitions. An additional 1,000 permanent spectator seats have been added to the extended facility and with the further 3,000 temporary seats being provided for the Games, it will bring the total spectator capacity for the Centre to 5,000.

Events at the Centre run from 24 July to 29 July. The restrictions extend to one day before the competition start, from 23 July to 29 July.

The event zone covers the competition venue and a reasonable area surrounding the venue.

see map http://www.scotland.gov.uk/Resource/0042/00422566.pdf (713k)

Questions

Question 16

Do you agree with the event zones as set out in the maps? If no please state which zone(s) you disagree with and provide alternative suggestions.

Question 17

Do you agree that the most appropriate transport legs have been identified? If no please state why not and provide alternative suggestions.

Annex A: How to Respond

We are inviting written responses to this consultation paper by 7 August 2013.

Please send your response and completed Respondent Information Form to the Commonwealth Games Advertising and Street Trading mailbox at:

gamesdelivery@scotland.gsi.gov.uk

If you do not have access to e-mail, please return your questionnaire plus Respondent Information Form by post to:

Aileen Tinkler,

The Scottish Government
Housing Services and Regeneration
2-G South
Victoria Quay
Edinburgh
EH6 6QQ

We would be grateful if you could answer the questions in this paper using the questionnaire provided in Annex C. This will help our analysis of the responses we receive. Alternatively, your response should clearly state the number(s) of the questions you are responding to and the proposal to which your response relates.

If you have any queries about the consultation, please send to the mailbox above. The mailbox is regularly monitored and you will receive a reply in due course.

Handling your response

We also need to know how you wish your response to be handled and, in particular whether you are happy for your response to be made public. Please ensure that you complete and return the Respondent Information Form which can be found at Annex B. This will ensure that we treat your response appropriately. If you ask for your response not to be published, we will regard it as confidential and will treat it accordingly.

All respondents should be aware that the Scottish Government is subject to the provisions of the Freedom of Information (Scotland) Act 2002 and would therefore have to consider any request made to it under the Act, for information relating to responses made to this consultation exercise.

Following the closing date, all responses will be analysed and considered along with other available evidence to inform future legislative change.

Annex B: Respondent Information Form

The respondent information form and consultation questionnaire are available in MS Word format

Annex C: Consultation Questions

The respondent information form and consultation questionnaire are available in MS Word format

Draft Scottish Statutory Instruments

Draft Regulations laid before the Scottish Parliament under section 43(4)(a) and (b) of the Glasgow Commonwealth Games Act 2008 for approval by resolution of the Scottish Parliament.

DRAFT SCOTTISH STATUTORY INSTRUMENTS

2013 No.

SPORTS GROUNDS AND SPORTING EVENTS

The Glasgow Commonwealth Games (Trading and Advertising) (Scotland) Regulations 2013

Made – - – -

2013

Coming into force – -

2nd November 2013

The Scottish Ministers make the following Regulations in exercise of the powers conferred by sections 2(3), 3, 4, 5, 6, 10(2), 11(4), 12, 13, 14 and 43(2) of the Glasgow Commonwealth Games Act 2008(a) and all other powers enabling them to do so.

In accordance with section 44 of that Act, they have consulted the councils for the areas where the Regulations apply, the Organising Committee and other persons they considered appropriate.

In accordance with section 45 of that Act, they have had regard to the Host City Contract, any requests or guidance from the Commonwealth Games Federation and, where relevant, the impact of the Regulations on the effective operation of the Games.

In accordance with section 43(4)(a) and (b) of that Act, a draft of this instrument has been laid before, and approved by resolution of, the Scottish Parliament(b).

Reference

(a) 2008 asp 4.

(b) Section 43(4) is modified by paragraph 5 of schedule 3 to the Interpretation and Legislative Reform (Scotland) Act 2010 (asp 10).

PART 1

Introductory

Citation, commencement and cessation

1. -(1) These Regulations may be cited as the Glasgow Commonwealth Games (Trading and Advertising) (Scotland) Regulations 2013 and come into force on 2nd November 2013.

(2) These Regulations cease to have effect on the day on which the Act ceases to have effect.

General interpretation

2. In these Regulations-

“the Act” means the Glasgow Commonwealth Games Act 2008;

“article” includes a living thing;

“building” means a permanent building but excludes a telephone kiosk;

“event zone” has the meaning given in Schedule 1;

“newspaper or periodical” excludes a newspaper or periodical intended specifically to advertise one or more of the following in an event zone at a prohibited time-

(a) a good or service;

(b) a person who provides a good or service;

“receptacle” means-

(a) any vehicle, trailer or barrow; or

(b) any basket, bag, box, vessel, stall, stand, easel, board or tray,

which is used (whether or not constructed or adapted for such use) as a container for or for the display of any article.

PART 2

Trading Regulations

Interpretation of Part 2

3. -(1) In this Part-

(a) any reference (however phrased) to selling an article includes a reference to offering or exposing an article for sale;

(b) any reference (however phrased) to supplying a service includes a reference to offering to supply a service;

(c) “motor vehicle” has the same meaning as in section 185 of the Road Traffic Act 1988(a);

Reference

(a) 1988 c.52.

(d) “open public place” means-

(i) a road; or

(ii) another place-

(aa) to which the public have access (whether generally or only for the purpose of the trading); and

(bb) which is not in a building (except one designed or generally used for the parking of cars);

(e) “performance of a play” means performance of any dramatic piece, whether improvisational or not-

(i) given wholly or in part by one or more persons actually present and performing; and

(ii) in which the whole or a major proportion of what is done by the person performing, whether by way of speech, singing or action, involves the playing of a role;

(f) “public entertainment” means entertainment of one of the following descriptions provided for members of the public-

(i) a performance of live music;

(ii) any playing of recorded music;

(iii) a performance of dance;

(iv) a performance of a play;

(v) any entertainment of a similar description to that in heads (i) to (iv);

(g) “selling an article” includes trading by a person acting as a pedlar whether or not under the authority of a pedlar’s certificate granted under the Pedlars Act 1871(a);

Reference

(a) 1871 c.96.

(h) “trading activity” means activity which, in terms of regulation 4, is to be treated as trading for the purposes of the trading offence.

Trading activity

4. -(1) The activities set out in paragraph (2) are to be treated as trading for the purposes of the trading offence if carried out in an open public place.

(2) Those activities are-

(a) selling an article;

(b) supplying a service;

(c) making an appeal to members of the public to give money or other property (or both) for charitable or other purposes (whether authorised or not under any enactment);

(d) providing public entertainment for gain or reward.

(3) In determining whether an activity is to be treated as trading for the purposes of the trading offence, the following matters are to be disregarded-

(a) that any gain or reward arising from the activity does not accrue to the person actually carrying out the activity;

(b) that either party to a transaction is not in an open public place when one of the following activities occurs-

(i) an offer or exposure of an article for sale;

(ii) an offer to supply a service;

(iii) the completion of a transaction;

(c) that a transaction was not completed in an open public place, if one of the following activities occurs in such a place-

(i) an offer or exposure of an article for sale;

(ii) an offer to supply a service;

(d) that an article actually sold or service actually supplied was different from that originally offered or exposed for sale.

Prescribed places and prohibited times

5. -(1) The event zones (other than the zones referred to in paragraphs 4, 5 and 6 of Schedule 2) are the places which are to be treated as being in the vicinity of a Games location for the purposes of the trading offence.

(2) The times set out in Schedule 2 are the prohibited times for the purposes of the trading offence.

Trading offence

6. -(1) A person commits the trading offence where-

(a) that person (at any time or any place) arranges for trading activity to take place in contravention of subsection (1) of section 2 of the Act; or

(b) trading activity in contravention of that subsection-

(i) is undertaken by a business or other concern in which that person has an interest or for which that person is responsible; or

(ii) takes place on land that that person owns or occupies or of which that person has responsibility for management.

(2) Paragraph (1)(b) does not apply to a person who proves that-

(a) trading activity took place without the person’s knowledge; or

(b) the person took all reasonable steps to prevent the trading activity taking place or where it has taken place, to prevent it continuing or recurring.

(3) A person will be treated as having an interest in or responsibility for a business or other concern if the person is an officer of the business or other concern.

(4) A person will be treated as having responsibility for the management of the land if the person is an officer of a business or other concern that owns, occupies or has responsibility for the management of the land.

(5) In paragraphs (3) and (4), “officer” means a director, manager, secretary or other similar officer.

(6) This regulation applies to trading activity whether or not it consists of the result or continuation of activity carried out before these Regulations came into force.

Trading permitted without authorisation

7. -(1) The following trading activities are permitted without authorisation-

(a) selling current newspapers or periodicals;

(b) activity undertaken or controlled by the Organising Committee on enclosed land which is a Games location;

(c) selling or delivering an article to a person in premises adjoining a road;

(d) selling a motor vehicle on private land generally used for the sale of motor vehicles;

(e) supplying motor vehicle cleaning services on private land generally used for the supply of those services;

(f) supplying motor vehicle parking services in a building designed or on other land designed or generally used for the parking of motor vehicles;

(g) providing a public sanitary convenience;

(h) providing a permanent telephone kiosk;

(i) trading as a walking tour operator;

(j) supplying public transport services, including tourist services but not including supplying pedicabs; and

(k) activity on private land adjacent to exempt retail premises provided that the activity-

(i) forms part of the usual business of the owner of the premises or a person assessed for rating in respect of the premises; and

(ii) takes place during the period for which the premises are open to the public for business.

(2) Paragraph (1)(a) does not apply to selling current newspapers or periodicals in a street if the selling is done from a receptacle that causes undue interference or inconvenience to persons using the street.

(3) In this regulation-

“exempt retail premises” means a building normally used as-

(a) a shop;

(b) a restaurant or bar or otherwise used for the supply of meals, refreshments or alcohol to the public; or

(c) a petrol filling station;

“sanitary convenience” means closet or urinal;

“supplying pedicabs” means supplying pedal operated tricycles for hire;

“tourist services” means public transport services primarily for the benefit of tourists; and

“walking tour operator” means a person who supplies services to the public comprising tours of an area on foot.

Trading by master licencee

8. -(1) Any trading activity carried out by the master licencee is permitted without authorisation.

(2) In paragraph (1), “the master licencee” is Venue Retail 2014 Limited, a company the registration number of which is 08088948 and the registered office of which is at 7 Billing Road, Northampton, NN1 5AN.

Trading authorised by the Organising Committee

9. -(1) The Organising Committee may authorise persons to trade in a way which would otherwise constitute a trading offence.

(2) Subject to these Regulations, the Organising Committee has an absolute discretion in respect of each application for authorisation.

(3) The Organising Committee must have regard to the provisions of the Host City Contract before granting an authorisation under this regulation

(4) An authorisation granted under this regulation is subject to the condition that any person who engages in trading activity in reliance on the authorisation holds any trading licence required for the activity in question.

(5) Any fee charged by the Organising Committee in connection with an authorisation under this regulation (or an application for such an authorisation) is not to exceed £70.

PART 3

Advertising Regulations

Interpretation of Part 3

10. -(1) In this Part-

“advertisement” means any word, letter, image, mark, sound, light, model, sign, placard, board, notice, screen, awning, blind, flag, device, costume or representation-

(a) whether illuminated or not; and

(b) in the nature of, and employed wholly or partly for the purpose of, advertisement, promotion, announcement or direction;

“advertiser” means a person who engages in advertising activity;

“advertising activity” means an activity which is to be treated as advertising under section 11(1) of the Act;

“advertising attire” means-

(a) a costume that is an advertisement; or

(b) clothing on which an advertisement is displayed;

“ambush marketing campaign” means a campaign (whether consisting of one act or a series of acts) intended specifically to advertise within an event zone during a prohibited time one or more of the following-

(a) a good or service;

(b) a person who provides a good or service;

“not for profit body” means a body which, by virtue of its constitution or any enactment-

(a) is required (after payment of outgoings) to apply the whole of its income and any capital which it expends, for charitable or public good purposes; and

(b) is prohibited from directly or indirectly distributing amongst its members any part of its assets (otherwise than for charitable or public purposes);

“promotional material” means a document or article distributed or provided wholly or partly for the purposes of promotion, advertisement, announcement or direction;

“railway station” includes a subway station; and

“the Town and Country Planning Regulations” means the Town and Country Planning (Control of Advertisements) (Scotland) Regulations 1984(a).

Reference

(a) S.I. 1984/467 as amended by S.I. 1992/1763.

(2) In this Part, “displaying an advertisement” includes-

(a) projecting, emitting, screening or exhibiting an advertisement;

(b) carrying or holding an advertisement or an apparatus by which an advertisement is displayed;

(c) providing for an advertisement to be displayed-

(i) on an animal; or

(ii) on apparatus which is carried or held by an animal; and

(d) if part of an ambush marketing campaign-

(i) carrying or holding personal property on which an advertisement is displayed;

(ii) wearing advertising attire; or

(iii) displaying advertising on an individual’s body.

(3) Advertising activity that consists of the display of an advertisement on a hand-held device is not to be treated as advertising for the purposes of section 11(1) of the Act 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).

(4) In paragraph (3), “hand-held device” means a hand-held mobile telephone or other personal interactive communication device.

Prescribed places and prohibited times

11. -(1) The places which are to be treated as being in the vicinity of a Games location for the purposes of the advertising offence are-

(a) any place within an event zone; and

(b) the frontage of any building, where that frontage can be seen from an event zone and any part of it is within 20 metres of that zone.

(2) The times set out in Schedule 2 are the prohibited times for the purposes of the advertising offence.

Advertising offence

12. -(1) A person commits the advertising offence where-

(a) that person (at any time or any place) arranges for advertising activity to take place in contravention of subsection (1) of section 10 of the Act; or

(b) advertising activity in contravention of that subsection-

(i) relates to a good, service, business or other concern in which that person has an interest or for which that person is responsible; or

(ii) takes place on land, premises or other property that that person owns or occupies or of which that person has responsibility for management.

(2) A person will be treated as having an interest or responsibility for a business or other concern if the person is an officer of the business or concern.

(3) A person will be treated as having an interest in or responsibility for a good or service if the person is an officer of the business or other concern that has an interest in or is responsible for the good or service.

(4) A person will be treated as having responsibility for the management of the land, premises or other property if the person is an officer of a business or other concern that owns, occupies or has responsibility for the management of the land, premises or other property.

(5) In paragraphs (2) to (4), “officer” means a director, manager, secretary or other similar officer.

(6) This regulation applies in relation to advertising activity whether or not it consists of the result or continuation of activity carried out before these Regulations came into force.

Exception for demonstrations, etc.

13. -(1) Advertising activity is permitted without authorisation where it is intended to-

(a) demonstrate support for or opposition to the views or actions of any person;

(b) publicise a belief, cause or campaign; or

(c) mark or commemorate an event.

(2) But this exception does not apply to advertising activity that promotes or advertises-

(a) a good or service; or

(b) a person or body (excluding a not-for-profit body) that provides a good or service.

Exception for individuals wearing advertising attire, displaying advertisements on their bodies or carrying personal property

14. -(1) Advertising activity is permitted without authorisation where it is engaged in by an individual doing one or more of the following:-

(a) wearing advertising attire;

(b) displaying an advertisement on the individual’s body;

(c) carrying or holding personal property on which an advertisement is displayed,

unless the individual knows or had reasonable cause to believe that he or she is participating in an ambush marketing campaign.

(2) The application of this exception to an individual does not affect the application of section 10(1) of the Act to any other person (whether in respect of the same advertising activity or otherwise).

Exceptions modelled on the Town and Country Planning Regulations

15. -(1) Advertising activity is permitted without authorisation where it consists of the display of an advertisement-

(a) to which the Town and Country Planning Regulations do not apply, by virtue of regulation 3(1) and (3) (application) of those Regulations; or

(b) for which consent is granted by regulation 10(1) (deemed consent for display of advertisement) of those Regulations, as long as the display or advertisement complies with the conditions set out in Schedules 1 and 4 to those Regulations.

(2) But the exception in paragraph (1) does not apply to the display of the following:-

(a) an advertisement described in regulation 3(1)(c) (advertisements incorporated in the fabric of a building) of those Regulations if the advertisement was not in existence at the date these Regulations came into force;

(b) an advertisement described in regulation 3(1)(d) (advertisements displayed on enclosed land) of those Regulations, if the enclosed land on which the advertisement is displayed is-

(i) a railway station (and its yards);

(ii) a bus station (together with its forecourt whether enclosed or not); or

(iii) enclosed land (including a sports stadium or other building) which is a Games location(a);

Reference

(a) “Games location” is defined in section 1(2) of the Glasgow Commonwealth Games Act 2008 (asp 4) (“the Act”).

(c) an advertisement mentioned in regulation 3(1)(e) or (3) (display on or consisting of a balloon) of those Regulations;

(d) an advertisement mentioned in regulation 13(1) and (3) (advertisements on sites used for the display of advertisements on 16th August 1948) of those Regulations;

(e) an advertisement under regulation 19 (display of advertisements after expiry of express consent) of those Regulations;

(f) an advertisement within Class I(2) if the advertisement-

(i) is not displayed wholly for the purpose of announcement or direction in relation to the functions of the planning authority by which it is displayed; and

(ii) is not reasonably required to be displayed for the safe or efficient performance of those functions;

(g) an advertisement within Class III(4) (certain advertisements of a temporary nature) if the advertisement promotes or advertises-

(i) a good or service;

(ii) a person or body (excluding a not-for-profit body) that provides a good or service;

(h) an advertisement within Class III(6) (certain advertisements of a temporary nature- hoardings);

(i) an advertisement within Class V (advertisements within buildings) other than an exempt business advertisement, if the building where the advertisement is displayed-

(i) is or forms part of a railway station or bus station; or

(ii) is a sports stadium or other building which is a Games location.

(3) In this regulation-

(a) “exempt business advertisement” means an advertisement (whether illuminated or not) displayed on business premises within a building (or a forecourt associated with such premises) that refers wholly to any or all of the following: the business carried on, the goods or services provided, or the name or qualifications of the person carrying out the business or supplying the goods or services on those premises;

(b) “forecourt” includes any fence, wall or similar screen or structure enclosing a forecourt and not forming part of the fabric of a building constituting business premises;

(c) a reference to a “Class” of advertisement is a reference to the corresponding Class of advertisement in Schedule 4 to the Town and Country Planning Regulations;

(d) a reference to a building in Schedule 4 to the Town and Country Planning Regulations is to be construed in accordance with the definition of building in regulation 3(1) of these Regulations.

(e) “forecourt” includes any fence, wall or similar screen or structure enclosing a forecourt and not forming part of the fabric of a building constituting business premises.

Other exceptions

16. -(1) Advertising activity is permitted without authorisation if it constitutes-

(a) displaying an advertisement employed wholly as-

(i) a memorial; or

(ii) a railway signal;

(b) distributing or providing current newspapers or periodicals.

(c) activity undertaken in accordance with a condition attached to an authorisation granted under regulation 9;

(d) displaying an advertisement on an aircraft for one or more of the following purposes-

(i) complying with the law of Scotland or any other country, being law in force in relation to the aircraft;

(ii) securing the safety of the aircraft or any person or property;

(iii) the furtherance, by or on behalf of the Scottish Ministers or a government department, by a person acting under any public duty or by a person providing ambulance or rescue services by air, of measures in connection with circumstances existing or imminent at the time the aircraft is used which may cause danger to persons or property;

(iv) civil defence, military or police purposes;

(e) displaying a mark or inscription (other than an illuminated sign) on the body of an aeroplane or helicopter; or

(f) displaying an advertisement on street furniture provided that the advertisement-

(i) is not illuminated;

(ii) bears only the name, contact details and device (or any one or more of those things) of the manufacturer, owner or operator of the street furniture; and

(iii) is not displayed as part of an ambush marketing campaign.

(2) Paragraph (1)(b) does not apply to distribution or provision of current newspapers or periodicals in a street if the distribution or provision is done from a receptacle that causes undue interference or inconvenience to persons using the street.

Advertising undertaken or authorised by the Organising Committee

17. -(1) The Organising Committee(a) may authorise persons to advertise in a way which would otherwise constitute an advertising offence.

(2) Subject to these Regulations, the Committee has an absolute discretion in respect of each application for authorisation.

(3) The Committee must have regard to the provisions of the Host City Contract(b) before engaging in advertising activity or granting an authorisation under this regulation.

Reference

(a) “Organising Committee” is defined in section 1(3) of the Act.

(b) “Host City Contract is defined in section 48(1) of the Act.

(4) The Committee’s right to engage in advertising activity and any authorisation granted by it under this regulation are subject to all the following conditions-

(a) that the advertiser holds any advertising licence required for the advertising activity in question

(b) that no advertisement is sited or displayed so as to-

(i) endanger persons using any highway, railway, waterway, dock, harbour or aerodrome (civil or military);

(ii) obscure, or hinder the ready interpretation of, any traffic sign, railway signal or aid to navigation by water or air; or

(iii) hinder the operation of any device used for the purpose of security or surveillance or for measuring the speed of any vehicle;

(c) that the advertiser maintains any advertisement in a condition that does not-

(i) impair the visual amenity of the site; or

(ii) endanger the public.

PART 4

Rights of review

Right to seek review

18. -(1) A person who has applied for an authorisation (“an applicant”) and is dissatisfied with the decision of the Organising Committee in relation to that application may request that the Scottish Ministers review that decision.

(2) Such a request must-

(a) be in writing;

(b) include or be accompanied by such information or evidence as the applicant considers relevant; and

(c) be made within 21 days of the date on which the Organising Committee’s decision was communicated to the applicant.

(3) The Scottish Ministers must review the Organising Committee’s decision within 21 days of receiving a request for review.

(4) On reviewing the Organising Committee’s decision, the Scottish Ministers may-

(a) confirm the original decision; or

(b) substitute a new decision for the original decision.

(5) As soon as practicable after making a decision on the review, the Scottish Ministers must send to the applicant written notice informing that person of the decision and the reasons for the decision.

(6) The decision of the Scottish Ministers on the review is final.

(7) In this regulation, “authorisation” means an authorisation granted-

(a) under regulation 9 in relation to trading activity, or

(b) under regulation 17 in relation to advertising activity.

Authorised to sign by the Scottish Ministers

St Andrew’s House,

Edinburgh

2013

SCHEDULE 1

Meaning of “event zone”

1. “Event zone” means any place within the shaded area bounded by a dotted green line on a relevant map together with pavement on each side of any road within that area, including the airspace above or below any place within the event zone.

2. All parts of a railway station (whether on, above or under the ground) and are to be treated as being within the event zone if any part of the station is on or above the ground in the event zone.

3. In paragraph 1, “relevant map” means a map bearing the name of an event zone, the title of these Regulations and a signature of a member of the staff of the Scottish Government, of which prints are available on request for inspection during normal office opening hours at the Scottish Government’s offices at Victoria Quay, Edinburgh and Glasgow City Council’s offices at City Chambers, Glasgow.

SCHEDULE 2

Prohibited times

1. Barry Buddon Shooting Centre – 24th to 29th July 2014.

2. Cathkin Braes Mountain Bike Trails – 28th and 29th July 2014.

3. Celtic Park and The Emirates Arena – 18th July to 3rd August 2014.

4. Glasgow City Road Cycling – 2nd and 3rd August 2014.

5. Glasgow City Time Trial Cycling – 30th and 31st July 2014.

6. Glasgow City Marathon Course – 26th and 27th July 2014.

7. Glasgow Green Precinct Zone – 18th July to 3rd August 2014.

8. Glasgow National Hockey Centre – 18th July to 3rd August 2014.

9. Hampden Park Precinct – 23rd July to 3rd August 2014.

10. Ibrox Stadium – 25th to 27th July 2014.

11. Kelvingrove Lawn Bowls Centre – 18th July to 3rd August 2014.

12. Merchant City Zone – 18th July to 3rd August 2014.

13. Royal Commonwealth Pool, Edinburgh – 29th July to 2nd August 2014.

14. Scottish Exhibition and Conference Centre Precinct – 18th July to 3rd August 2014.

15. Scotstoun Sports Campus – 23rd July to 3rd August 2014.

16. Strathclyde Country Park – 23rd to 26th July 2014.

17. Tollcross International Swimming Centre – 23rd to 29th July 2014.

EXPLANATORY NOTE

(This note is not part of the Regulations)

The Glasgow Commonwealth Games Act 2008 makes it an offence to trade (other than in a building) in the vicinity of a Games location at a prohibited time (“the trading offence”). It also makes it an offence to advertise in the vicinity of a Games location at a prohibited time (“the advertising offence”). A Games location is a place in which an event is held as part of the Games and any other place used in connection with the Games which is specified by order.

These Regulations make further provision as follows-

Part 1 provides that the Regulations come into force on 2nd November 2013 and cease to have effect on the day on which the Act ceases to have effect.

Part 2 excepts certain types of trading from the trading offence, define what activities will be treated as trading, prescribe circumstances in which the Organising Committee may authorise a person to trade in a way which would otherwise constitute a trading offence, and prescribe circumstances in which trading is permitted without authorisation. In particular-

- regulation 4 specifies what is to be “trading”;

- regulation 5 provides as to prescribed places and prohibited times;

- regulation 7 provides exceptions;

- regulation 8 provides an exception for trading carried out by the master licencee;

- regulation 9 provides that the trading prohibition does not apply to trading activity undertaken in accordance with an authorisation granted by the Organising Committee.

Part 3 excepts certain types of advertising from the advertising offence, prescribe places which are to be treated as being in the vicinity of a Games location for the purpose of the advertising offence, prescribe circumstances in which the Organising Committee may authorise a person to advertise in a way which would otherwise constitute an advertising offence, and prescribe circumstances in which advertising is permitted without authorisation. In particular-

- regulation 11 provides as to prescribed places and prohibited times;

- regulations 13 to 16 provide exceptions including for demonstrations and campaigns etc., for adverts displayed on personal belongings etc. and for certain adverts in relation to which planning controls apply; and

- regulation 17 provides that the advertising prohibition does not apply to advertising activity undertaken or authorised by the Organising Committee.

Schedule 1 defines each event zone by reference to a map. These maps are available on request for inspection during normal office opening hours at the Scottish Government’s offices at Victoria Quay, Edinburgh and Glasgow City Council’s offices at City Chambers, Glasgow. Schedule 2 states what are the prohibited times in respect of each event zone.

Part 4 enables a person who is dissatisfied with the decision of the Organising Committee, in relation to an application for an authorisation, to seek a review of that decision.