UEFA European Championship (Scotland) Act 2020

Street trading etc.

6 Ban on outdoor trading within event zones

(1) It is an offence to trade within an event zone at a prohibited time (“the trading offence”).

(2) The trading offence does not apply to trading in a building.

(3) The Scottish Ministers may by regulations (“the trading regulations”)—

(a) exempt types of trading from the trading offence,

(b) make such further provision as they consider appropriate in relation to trading within event zones.

(4) The trading offence does not apply to trading by UEFA (so long as that trading is done in accordance with any conditions imposed by the trading regulations).

7 Trading activities, places and prohibited times

(1) An activity is to be treated as trading if it is the sale or offer for sale, in an open public place, of an article or service.

(2) For example, any of the following acts done in an open public place are to be treated as trading (except as exempted or permitted in the trading regulations by virtue of section 6(3) or 8(1))—

(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) The trading regulations may prescribe, or provide criteria for determining—

(a) activities which are (or are not) to be treated as trading for the purpose of the trading offence,

(b) places or areas within an event zone where the trading offence will not apply,

(c) alternative arrangements for existing street traders during the times when the trading offence applies, and

(d) times which are prohibited times for the purpose of the trading offence.

(4) The prohibited times may only be during the Championship period.

(5) In this Act, an “existing street trader” is any person—

(a) to whom Glasgow City Council or, as the case may be, the Police Service of Scotland has granted a trading licence, authorising the person to trade at a place in Glasgow City Council’s area prior to the date on which this Act receives Royal Assent, and which remains in force on that date, and

(b) who would, but for this Act, be entitled to trade within an event zone during the times when the trading offence applies.

8 Trading permitted in prescribed circumstances

(1) The trading regulations may prescribe, or provide criteria for determining, circumstances in which trading which would otherwise constitute a trading offence is permitted.

(2) Trading may, for example, be permitted by reference to—

(a) the person who is trading,

(b) the nature of the trading,

(c) the purpose of the trading, or

(d) the application of any profits.

9 Existing trading licences

It is not a defence for a person charged with the trading offence that the person has a trading licence, whether granted before or after this section comes into force.

10 Alternative arrangements where existing trading banned during Championship

Glasgow City Council must offer alternative trading arrangements to existing street traders during the times when the trading offence applies.

11 Guidance and information about trading

(1) Glasgow City Council must issue guidance about trading within event zones.

(2) The trading regulations may require such persons as are specified in the trading regulations to inform other persons about the effect or likely effect of section 6 and the trading regulations.