"Sports Law Newsletter"
Sports Law Newsletter Legal and regulatory updates Hugh James Autumn 2009 Vetting and barring scheme under review The government is set to review the controversial scheme to vet adults who volunteer or work with other people’s children. Under the new scheme, employees individuals required to register and • Once someone is ISA registered, and volunteers of children’s sports individuals who will be exempt. subsequent employers can check clubs would be required to apply for a their status free online. criminal record check. More precisely, confusion surrounds how the principle of “frequent or Individuals who passed the record intensive” contact with children should check, would be entered onto the be applied in real life and whether or Helen Iles Independent Safeguarding Authority not the bureaucracy outweighs the Associate Solicitor and (ISA) register for suitable employees benefits. Training Manager and volunteers. 029 2039 1002 Change for the Better? email@example.com However, if an individual failed the If implemented, only time will tell record check, they would be placed whether the VBS will be an onto the ISA barred list which keeps improvement on the current position. In this issue a record of those not permitted to Likely positive changes include: work in regulated activity with children. • Assurance that anyone who Welcome 2 presents a known risk to Adults who come into contact with vulnerable groups is prevented Underage alcohol sales at stadia 3 other people’s children under private from working with them arrangements, such as giving a • Continuous monitoring so that friend’s child a lift to school or after when new information becomes Law doesn’t stop at the touchline 4 school club will be exempt. known about an ISA registered individual, the ISA will be Maximising revenue generation for Stadia 5 However, the Vetting and Barring automatically informed Scheme (VBS) will now come under government review following • Immediate notification to the Meet the team 6 employer if an employee is placed confusion and concern over where on one of the barred lists the line has been drawn between Upcoming events 7 Sports Law Newsletter Welcome Welcome to the first edition of the Hugh agreements, on the relationship between James Sports Newsletter, offering our individuals and sporting governing perspective on the legal issues shaping bodies, on employment issues, on this sporting landscape. questions of restraint of trade and competition law, and on the powers of Many years ago, there was no such sports bodies to regulate those under creature as a specialist sports lawyer. their jurisdiction. How times have changed! As the leading sports law firm in Wales, At the very highest level in particular we are committed to assisting clients sport is now a major business. across the sports sector. Our leading sportsmen and women now Very recently, for example, we were compete under huge pressure, and the delighted to help our long standing financial rewards available for them, and clients the WRU on the resolution of for teams, are often enormous. litigation between them and the Regions and on the negotiation of a new and The gulf between success and failure is groundbreaking participation agreement. invariably large and the temptations enormous (as the Bloodgate scandal This agreement, in return for increased and the deliberate crash at last year’s funding for the Regions, makes sure Singapore Grand Prix so vividly amongst other things that Welsh rugby demonstrate). at the top level has a greater focus on recruiting and retaining talented Welsh As a result, it is perhaps no surprise that players. lawyers have become an integral part of the business of sport. And it was our property team under Peter Hurn which advised our clients the There is now a body of sporting case Walters Group on all the property law, not just English and Welsh law, but aspects relating to the hugely successful from the Commonwealth and other Ffoslas Racecourse in Carmarthenshire. jurisdictions, which has an impact on the Gareth Williams, way sport is run. If you would like further information Senior partner about our services or any of the issues and Head of Sport Team That case law touches on commercial, highlighted in this newsletter please do 029 2039 1022 broadcasting and sponsorship not hesitate to contact one of the team. firstname.lastname@example.org 2 Sports Law Newsletter Underage alcohol sales at stadia The sale of alcohol at sports stadia is Welsh stadia have already been the big business and plays a significant targets of “test purchase” operations. part in the financial success of many venues. Consider the following hypothetical case study. Ensuring that alcohol is not sold to under 18s can be a particular In this example, Perry Ltd is the challenge to those running bars in company running the bar at the town’s these locations. rugby ground. The Local Council sends a 15 year old girl to the bar during half-time. This is the busiest time and she is served alcohol without having been asked for proof of age. Representatives of Perry Ltd are invited to a taped interview and the company is Legal Update Deprivation of Liberty Safeguards later summoned to attend court for having allowed alcohol to be served to someone under the age of 18. Perry Ltd faces a fine of up to £5,000 if convicted and the conviction might be taken into account on a review of its alcohol licence. That potentially puts the company’s ability to sell alcohol at future events at risk. Do you know what to do? An age related refusals register (i.e a Fortunately, Perry Ltd is able to record of every occasion on which successfully defend the allegation. It someone is turned away because does this by showing that it had put in they cannot prove that they are 18 or place a thorough system to prevent over. underage sales. • There are often a number of bars within the grounds of a stadium and The key elements of Perry Ltd’s system each must have its own record are these: • They must be regularly checked and compared with one another Thorough and well recorded training of all those who work behind Adoption of the Challenge 21 scheme the bar. • This scheme implements a policy • Bar staff must be familiar with the whereby anyone who looks less particular demands of serving at than 21 is asked for proof of age sports events where rushes of even if they might appear older than customers are inevitable 18. A Challenge 25 scheme is now • There must be sufficient staff to becoming popular cope with the custom The standards set by Perry Ltd are Involving stewards and others where those to which every licensee should possible. aspire. Anything less is unlikely to • Other ground staff can play a part provide a defence in the event that an by looking out for youths underage sale is made. attempting to purchase alcohol or for adults buying alcohol for youths Our licensing experts regularly defend companies and individuals facing Prominent signs displaying the law prosecution. We also offer a free “health or the policy used in the ground in check” to licensees wishing to check relation to underage sales. that their existing systems pass muster. For further information, contact our team. Martin Jones, Partner, Head of Licensing Team 029 2039 1176 email@example.com 3 Sports Law Newsletter Law doesn’t stop at the touchline Sports injury lawyer Mark Harvey takes a look at foul play in sport and the potential legal implications for rugby union. The summer of 2009 saw a Taking the issue of gouging, it seems ability and attitude, and the opinion of particularly brutal encounter between like only a matter of time before Sir Alex Ferguson. the British & Irish Lions and a South serious injury occurs and a player’s African side renowned for their long-term health and career is It is important to note that such physical approach to the game. compromised by this appalling act. remedies can be granted to amateurs as well. While all spectators hoped for a During the summer arguably the two bruising series where the winner best back-row forwards in the world – In 1995 I successfully represented the emerged from a heap of blood, sweat Schalk Burger and Sergio Parisse then Welsh international rugby player and tears, few anticipated the highly were banned for placing their fingers Ricky Evans in his case against controversial incidents that marred the in the eyes of an opponent. Olivier Merle and the French Rugby Springboks’ victory. Federation. Both were punished by the From a legal stance, when a player International Rugby Board. However Merle head-butted Evans in a ruck, takes to the field he/she consents to had their victims suffered injury, both causing him to fall and break his leg. the reasonable and expected rigours could have faced criminal prosecution Evans not only lost his playing of the game – “Volenti non fit injuria” for assault and civil claims for earnings, but also those from his job as the lawyers would call it – which damages. as a fireman. could, of course, result in injury through no deliberate fault of an A number of recent high-profile Wales prop Adam Jones was forced opponent. They don’t however judgements have been handed down to return home early from the Lions consent to being on the receiving end to the victims of foul play in sport. tour and faces the majority of next of deliberate foul play. season on the sidelines following an In 2008, Manchester United trainee illegal challenge from the South Few people realise that the same duty Ben Collett was awarded a record African lock Bakkies Botha. of care exists between players as £4.5m in compensation following a between say a driver & a pedestrian, reckless challenge by Gary Smith of Although Botha was banned for two and the penalties for breaching this Middlesbrough which broke his leg in weeks following his shoulder charge, duty can be just as severe. two places and ended his hopes of a could he have faced further career in the Premiership. sanctions? The recent Test series saw two clear incidents of foul play, both of which Although Collett was yet to be signed Although courts would not have been were subject to intense scrutiny and by the club as a full-time professional, bound in any way by the ruling of the debate in the media. the court were happy to calculate his IRB, it is possible that in this case loss of future earnings based on his they would have found the offence 4 Sports Law Newsletter to have been not a far enough pinnacle of the sport are prepared to If serious injury does occur from departure from the rules of the game. breach not only the sport’s unsavoury conduct it is likely the regulations but also criminal law, and perpetrator will receive severe The notion that foul play in cause serious harm to opponents. punishment and maybe even a professional rugby has been criminal conviction, with the courts eradicated in this new era of As players get fitter and the need to hoping to dissuade others by making professionalism and extensive gain an edge over their opponents an example of the culprit. media coverage was firmly dismissed increases, it is imperative that any this summer. advantage is gained without crossing Let’s hope it doesn’t come to that! moral boundaries. It is clear that even those at the Contact our team to receive further information or organise a training seminar for your management staff. Mark Harvey, Partner, Head of Sports Injury 029 2039 1174 firstname.lastname@example.org Maximising revenue generation for stadia and grandstands With the credit crunch taking a bite out of many stadia and grandstand revenues, never has it been more important for operators to explore and maximise the returns from alternative opportunities and uses of their venue. Hugh James has recently assisted Ffos Las have also been successful the potential problems or issues that the new Ffos Las Racecourse in maximising their hospitality may arise from increasing its number development located in opportunities. Facilities include an of visitors on non-sporting days. Carmarthenshire do just that. on-site restaurant and conference centre which can accommodate a Stadia must consider the impact they As one of only three racecourses in wide range of events from weddings may have on local city or residential Wales, the 600 acre complex is the to business conferences. areas. They must work closely with first National Hunt course to be local public transport, parking areas completed in Britain for over 80 In the future, Ffos Las hope to and police to ensure disruption is years. consider further maximising their kept to a minimum. revenue on non-racing days by Our team were responsible for all obtaining planning permission to hold Future developments at the Ffos Las aspects of the site including a sale of concerts at the venue. racecourse are also set to include residential land to Persimmon Homes development of hotel and leisure and all infrastructure and planning If Ffos Las go through with their facilities, an Equestrian centre and a agreements. plans, they will follow in the footsteps racecourse training establishment. of the Millennium Stadium which has With its first class drainage systems, successfully supplemented its The racecourse operators intend to Ffos Las provides for an all-weather sporting income by staging introduce a new Celtic Festival to be racing ground. Grandstands and performances from top-selling artists held around St David’s Day and Stadia can benefit greatly from including U2 and Madonna. extend the venue capacity to 20,000 reducing the negative effect that bad people. weather can have their outdoor With sell out performances with a venue. capacity to hold 74,500 spectators, As Ffos Las continues to explore the Millennium Stadium has reaped alternative uses for their venue and The recent instalment of a retractable the rewards with further financial further upgrade their facilities, they roof on Wimbledon’s Centre Court benefits from increased sales in food can be sure that they are fully stood testament to the benefits that and beverages. maximising the revenue generation stadia can experience when upgrading opportunities available to them. Here facilities to improve spectator When a Stadium or Grandstand such at Hugh James, we look forward to experience. as Ffos Las explores alternative uses the prospect of assisting them with for its venue, it must fully consider future plans. Contact our team to receive further information. Peter Hurn, Partner, Commercial Property Team 029 2039 1122 email@example.com 5 Sports Law Newsletter Meet the team Introducing… Phillip Rees, Partner, Head of Commercial Team What is your role in the sports team? so it’s important that the responsibilities for fixture listings and broadcasting slots and I cover the commercial issues for the team, coverage are clearly set out for all parties. primarily negotiating broadcasting, sponsorship and endorsement agreements. What's your top tip for the world of sport? I also advise on branding, IP rights exploitation and merchandising To challenge the next generation to be more arrangements. involved with sport at all levels and from primary school onwards. My role involves coordinating with players, rights holders, agents and commercial Sports bodies in England and Wales should managers in television and radio covering a use events such as the Ryder Cup and the range of sporting events. Olympics as markers to develop new sports programmes for schools to ensure a sports What work are you currently involved in? legacy following the Olympics. Most of the work at present relates to WRU What do you enjoy doing in your spare and Millennium stadium events although I time? have advised the FA and various premiership clubs on broadcasting and Enjoying time with my family at the sponsorship arrangements. weekends. Riding and surfing are the things we enjoy doing together. The main contracts at present relate to the structuring of the 2010 Autumn Tell us something we'd never guess! Internationals with the southern hemisphere teams. To pay our way through university in Norwich in the late seventies, my wife and I The contracts last for a number of seasons managed a City centre pub for 2 years. Your contacts Gareth Williams Mark Harvey Senior Partner, Head of Sports Team Partner, Head of Sports Injury Team firstname.lastname@example.org email@example.com 029 2039 1022 029 2039 1174 David Roberts Phillip Rees Partner, Head of Property Team Partner, Head of Commercial Team firstname.lastname@example.org email@example.com 029 2039 1164 020 7038 8303 Alison Love Martin Jones Partner, Head of Employment Team Partner, Head of Licensing Team firstname.lastname@example.org email@example.com 029 2039 1075 029 2039 1176 6 Healthcare Newsletter And finally... Goalkeeper caught moving goalposts Swedish goalkeeper Kim Christensen, is facing suspension and a fine for moving goalposts during a top flight game. Christensen, who plays for IFK Gothenburg, was caught by TV cameras kicking both posts towards each other before the game against Orebro. Referee Stefan Johannesson noticed that the posts were not in the correct position about 20 minutes into the game and pushed them back into their original position. However he did not realise it was Christensen who had moved them. The goalkeeper later admitted that he had done the same thing before several previous games. “I have never heard anything like this before, it is unique,” said Swedish Football Association’s disciplinary committee chairman, Kheneth Tallinger. The Swedish Football Association is investigating the situation. Upcoming events HR in Challenging Times As the recession continues, more pressure is put on organisations to maximise their potential. This event explores what HR’s involvement in this should be. Date and time: 23 October 2009, 9.30 - 16.30 Venue: Business Centre, University of Glamorgan, Treforest Cost: £75 per person (+VAT) Bookings can be made through CIPD at www.cipd.co.uk/branch/sewales Corporate Manslaughter and Corporate Homicide Act 2007: A Mock Trial For clients, designers and contractors, their role is to ensure safety issues are addressed and the risks are reduced. Failure to plan effectively can result in death and potentially a prison sentence. This event provides invaluable insight on employer responsibilities and how a business could be affected. Date and time: 26 November 2009, Half day event Venue: Cardiff City Stadium For more information, contact Bethan Walker at firstname.lastname@example.org Cardiff Property Curry Club Hugh James is pleased to announce the fourth Cardiff Property Curry Club to take place during December. Network over a naan with other property professionals. Date and time: Exact date to be confirmed, 12.00 - 14.00 NEW VENUE: The Spice Quarter, Brewery Quarter, Cardiff City Centre Cost: £20 per person (+ VAT). Includes 3 course meal and drinks. To book your place, please email email@example.com 7 Sports Law Newsletter Rugby Union Key Dates Saturday 7 November Saturday 21 November England v Australia Japan v Canada Twickenham, London, UK Prince Chichibu Memorial Ground, Tokyo, Japan Wales v New Zealand Italy v South Africa Millennium Stadium, Cardiff, UK Stadio Artemio Franchi, Florence, Italy England v New Zealand Friday 13 November Twickenham, London Wales v Samoa Wales v Argentina Millennium Stadium, Cardiff, UK Millennium Stadium, Cardiff, UK France v South Africa France v Samoa Stadium Municipal, Toulouse, France Stade de France, Paris, France Ireland v Fiji Saturday 14 November RDS Arena, Dublin, Ireland Canada v Russia Scotland v Australia Thunderbird Stadium, Vancouver, Canada Murrayfield, Edinburgh UK Italy v New Zeleand San Siro, Milan, Italy Saturday 28 November England v Argentina France v New Zealand Twickenham, London, UK Stade Velodrome, Marseille, France Italy v Samoa Sunday 15 November Stadio Cino e Lillo Del Duca, Ascoli Piceno, Italy Japan v Canada England v Fiji Yurtec Stadium Sendai, Miyagi, Japan Twickenham Stadium, Twickenham, UK Ireland v Australia Ireland v South Africa Croke Park, Dublin, Ireland Croke Park, Dublin, Ireland Scotland v Argentina Murrayfield, Edinburgh, UK Wales v Australia Millennium Stadium, Cardiff, UK E: firstname.lastname@example.org T: 029 2039 1022 W: www.hughjames.com