by (.)Boobies(.) »
27 Aug 2009 13:03
THE LAW ON STANDING IN ALL-SEATED GROUNDS
Ever since the introduction of all-seater stadia, many supporters have continued to stand in front of their seats, often for the duration of the game. It is widely believed that this practice is illegal. This is not the case, even within Premier League and Championship grounds. The law only provides that these clubs should provide seats for all supporters, not that supporters must sit in them. The point is confirmed by the Department for Culture, Media and Sport: 'At no point has it been argued that the individual spectator commits a criminal offence by standing in a seated area` (Source: Letter to Football Supporters Federation, 2008). Standing in seated areas, is, however, contrary to ground regulations. The Football League`s model set of ground regulations states: 'Nobody may stand in any seating area whilst play is in progress. Persistent standing in seated areas whilst play is in progress is strictly forbidden and may result in ejection from the ground.' It is notable that the two sentences are contradictory, the first bars all 'standing`, the second 'persistent standing`. In practice, standing to go to the toilet or snack bar and standing at 'moments of excitement` is always permitted.
CRIMINAL AND CIVIL LAW
There are two types of law, criminal law and civil law.
Criminal laws are offences against the state ('illegal acts`), such as smoking in public places. Police may become involved with enforcing criminal laws. Civil laws are contracts between two parties, such as agreements to purchase home insurance. The ground regulations of a club (including the ban on persistent standing) form a contract between the supporter and the club. By standing, the supporter is in breach of that contract. This is a civil, not a criminal matter. Therefore, a supporter cannot be arrested for standing. Moreover, it is not a matter that the police should be involved in, unless (for example) a supporter attacks a steward trying to get people to sit down.
HOW CLUBS APPROACH STANDING IN SEATED AREAS
Since standing is an issue between clubs and supporters, it is up to individual clubs how they deal with it.
While some clubs are very strict, many clubs take a relaxed approach to standing, particularly where it is not causing problems.
As regards the standing issue we take a somewhat relaxed view on this provided the individuals are not causing annoyance to other spectators or obstructing other spectators views.` (Championship Club Safety Officer - in correspondence with SUSD member) "it would be nonsense to introduce (a singing section) and not expect people to stand." (Premiership Club Safety Officer - in correspondence with SUSD member). A measure of persistent standing should be tolerated" (Premier League Chief Executive: FLA board minutes, May 2006).