Draft Glasgow 2014 Commonwealth Games
UNISON Scotland's response to the Draft Glasgow
Commonwealth Games Bill Consultation Document.
UNISON is Scotland's largest public sector trade union
representing over 160,000 members. We are the largest trade union
in local government, with over 98,000 members working in this sector
across Scotland. UNISON welcomes the opportunity to comment on this
consultation, particularly as UNISON will have members engaged in
the responsibilities assuring that the Games can be delivered.
Glasgow's bid for the 2014 Commonwealth Games is a
tremendously exciting proposal which has the potential to make a
huge difference to Glasgow and across Scotland.
It is vital, if the bid is to be successful, that
it is recognised it provides opportunities not only for Glasgow
and the surrounding Local Authority areas, but across the whole
The Glasgow Commonwealth Games
The definition of "games event" does not
appear to consider trading prior to, or even after, a "games
event". It is likely, based on the Trading Standards experiences
of previous major sporting events, such as major football finals
in Glasgow and previous Commonwealth Games in Edinburgh, as well
as future events such as the Olympic Games in London, that there
will be significant levels of trading created prior to the Glasgow
Commonwealth Games beginning.
Much of this trading will be directly related to the
Games. Businesses and individuals will view the Games as an entrepreneurial
opportunity. This will manifest itself in otherwise legal trading
activities (that have been subsequently prohibited by the legislation)
as well as illegal trading activity. Examples of the former would
be hot/cold food and drink vendors or souvenir sellers. Examples
of the latter would be the sale of counterfeit/trade mark infringing
goods or unsafe goods marketed as Games items. Trading Standards
would have a direct enforcement responsibility in both of these
examples. Whilst there are numerous statutes that would apply to
businesses and persons undertaking trading activities the Trade
Descriptions Act 1968, the Trade Marks Act 1994, the Copyright,
Designs and Patents Act 1998, the Business Names Act 1985 and the
Consumer Protection Act 1987 would be most relevant.
Experience indicates that businesses and individuals
will travel significant distances (particularly travelling from
England to Scotland) to "cash in" on the marketing opportunities
that the Games will generate. From a strategic perspective, and
working on an intelligence-led basis, an effective enforcement strategy
would incorporate joint-working arrangements between Strathclyde
Police and Trading Standards to monitor the main transport link
between England and Scotland, the M74. The intelligence for such
an operation would be supplied by local Trading Standards Departments,
colleagues in England and other police authorities.
While some aspects of existing legislation provides
some protection, the Bill seeks to fill the gaps in the current
legal framework to allow the Games to take place free of ambush
marketing and unregulated commercialisation.
Examples of ambush marketing are:
The sale of unauthorised or pirated goods or
The sale of goods or provision of services using
marks, indicia or dates that (although not official trade marks)
are suggestive of a connection with the event.
The placement of billboards displaying the ambush
marketer's name near the venue or venues of the event.
The use of photographs of the sporting venue
as background to the marketing campaign in a way that suggests
sponsorship of the event.
Sponsorship of the city where the event is being
held or even a particular location.
Giving away free tickets to the event as prizes
in an advertising campaign and then advertising in such a way
as to suggest sponsorship.
Arranging aerial advertising over the venue
immediately before or during the event as to suggest sponsorship
Sponsorship of individual participants in the
competition and the purchase of media slots and billboard advertising
before the event to promote the advertiser's goods or services.
The giving away of free merchandise such as
caps, t-shirts or even small flags bearing the advertiser's
logo with the aim that spectators will wear the caps or t-shirts
or wave the flags and be picked up in numbers by television
coverage or still photographs.
Advertising using the match schedules and broadcast
Ambush marketing has an impact on the integrity of
the event, future sponsorship and survival of events such as the
Commonwealth Games. It can be seen as ‘commercial theft', freeloading
and reaping the benefits of a major event without paying any money
or using those who have paid money. Some global brands will not
consider sponsorship of major events unless legislation is in place.
It also leaves visitors vulnerable to being ripped off which will
have an impact on attracting them back to Scotland.
Other countries have introduced new legislation. Australia
launched an Ambush Marketing Legislation Review in March 2007 with
the aim of providing information and advice regarding the effectiveness
of the legislation to the Government. The findings of this review
may prove valuable to the enforcement of the legislation for the
UNISON Scotland supports the provision within the
Bill which places a prohibition on trading in the vicinity of games
events. Vicinity of games events is not defined and we would envisage
sufficient personnel resources to be made available at multiple
locations, at different times, to effectively enforce this provision.
There would also be a need to ensure sufficient personnel resources
were available outwith normal working hours.
This may require local authorities to authorise their
officers in relation to Commonwealth Games enforcement and / or
to enter into cross-border authorisation and enforcement arrangements
with other authorities to make better use of staff time.
The Organising Committee will be required to liaise
closely with those who will be undertaking enforcement activity,
e.g., Police, Trading Standards and Environmental Health. There
will also be a requirement to ensure effective communication between
the different enforcement agencies.
The Organising Committee is responsible for issuing
guidance in relation to trading in the vicinity of games events.
We believe that this will require a strategic input from Trading
Standards on a national or regional basis.
UNISON Scotland supports the provision within the
draft bill that it will be an offence to advertise in the vicinity
of a games event. These provisions seek to prevent unauthorised
advertising in relation to the Games, to control the nature and
content of advertising for that purpose and to outline how advertising
will be regulated.
Authorisations may be granted by the Organising Committee
to person for the purposes of advertising. This will require effective
liaison and communication between the Organising Committee and the
The Organising Committee is also responsible for issuing
guidance on advertising in the vicinity of Games events. There may
be a Trading Standards involvement in this respect in the proactive
provision of business advice prior to the Games and this may require
a national or regional input. The Control of Misleading Advertisements
Regulations 1988 may also require a direct Trading Standards enforcement
UNISON Scotland believes that ticket touting would
undermine the first interaction between the public with the Games.
We believe that ticket touting would also undermine the public confidence
in the Games. The provisions within the bill outline a regime of
control in relation to Games tickets. The main provisions relate
to the "touting" of tickets and the manner in which tickets
for the Games can be legally advertised.
Trading Standards enforce the Price Indications (Resale
of Tickets) Regulations 1994 and will have a direct enforcement
responsibility in this respect. Trading Standard Officers also enforce
the Control of Misleading Advertisements Regulations 1988 and the
Unfair Contract Terms Act 1977 and again would have a direct enforcement
responsibility in these regards.
UNISON Scotland supports the Bills provision for the
Organising Committee to appoint Enforcement Officers who will be
empowered to enforce the Advertising, Outdoor Vending and Ticketing
We believe that clear provisions are required to allow
effective enforcement and that there should be a reasonable balance
struck between interests of event organisers and stakeholders/ third
parties e.g. athletes, coaches, existing and new service providers,
media and the public attending the events.
The Bill states that Enforcement Officers are likely
to be employees of the Local Authority (in this case Glasgow City
and surrounding Local Authorities). The
enforcement powers contained within the draft are broadly consistent
with those already used by Trading Standards Officers and Environmental
Health Officers under existing legislation. These officers have
responsibility for enforcing existing legislation which tackles
some of the issues raised.
The number of staff involved, due to the variety and
number of locations involved, and the pre-existing day to day work
to the officers, it is likely that there will be cross border co-operation
between enforcement authorities in order sufficient numbers of experienced
staff are available to undertake enforcement duties. There would
also be a need to ensure sufficient resources were available outwith
normal working hours, and not solely for the duration of the Games.
The cost of enforcing, apart from direct employee
costs, may be considerable, for example cost of exercising powers
in relation to transport and secure storage of goods seized or employing
subcontractors to cover offending material such as billboards and
Most, if not all, of the services within Local Government
who employ enforcement staff work within very small budgets and
undertaking this additional role, albeit for a limited time, could
have a quite disproportionate impact on finances.
The key element of this consultation paper is a requirement
to introduce legislation to protect the games from ambush marketing,
eliminate street vending and control advertising space.
Whilst the paper highlights the role of enforcement
officer, UNISON Scotland believes that the paper fails to recognise
the importance of the role that enforcement officers will have,
if Glasgow's bid is successful.
UNISON Scotland is disappointed that the consultation
fails to provide such basic details on staffing and financial issues.
For further information please contact:
Matt Smith, Scottish Secretary
14, West Campbell Street
Glasgow G2 6RX
Tel 0845 355 0845 Fax 0141 342 2835
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