Andy Burnham has branded a ban on fans being allowed to drink alcohol in the stands during men’s football matches as “discrimination.” The former Home Secretary, who is now Prime Minister, made the comments while in New York, where he was speaking to reporters.
The legislation dates to 1985, when Margaret Thatcher’s government introduced it for English and Welsh football grounds. Then-Home Secretary Leon Brittan said that alcohol was a “major contributory factor in violent and disorderly behaviour” in football grounds.
Everton season-ticket holder Burnham, a devoted football follower, took aim at the prohibition shortly before taking office, at a rugby league match held at Everton’s Hill Dickinson Stadium, where spectators were permitted to buy drinks in the stands.
In New York, Burnham addressed reporters and said: “I think that legislation dates to an era where football was very different. And I do believe there is a case to remove that discrimination. There are different ways it could be done. It could happen on a trial basis. But I’m not going to back away from what’s been a long held view of mine. I don’t see how it can be fair that some supporters of one sport can be treated differently.”
According to government sources, Burnham was not announcing a new policy, but restating an opinion he has held for some time.
Origins of the Ban
The 1985 legislation was introduced by Margaret Thatcher’s government for clubs in the top five tiers of men’s football in England. The law prevents drinking in view of the pitch at stadiums.
Then-Home Secretary Leon Brittan said that alcohol was a “major contributory factor in violent and disorderly behaviour” in football grounds.
English and Welsh football grounds fall under the law’s scope. In Scotland, a ban on selling alcohol across football stadiums has been in place since 1981, with trial sales happening lately and allowing fans to purchase alcohol at Hampden Park matches.
After two successful tests, all WSL clubs now have permission to sell drinks to people watching from the stands this season.
The FSA’s Position
Tom Greatrex, chairman of the Football Supporters’ Association (FSA), has called for a review of the “outdated” legislation, saying it is “unfair to criminalise football fans for having a pint while watching the match – especially since you can sit in the same seat drinking alcohol whilst watching an Oasis gig or rugby league.”.
Many clubs back a change, and Greatrex said so, welcoming the PM’s remarks while agreeing that the legislation is outdated.
“Unfair to criminalise football fans for having a pint while watching the match”
Police Chiefs Push Back
Police chiefs have warned against relaxing the law and want to meet the PM to “explain the challenges.” A UK Football Policing Unit (UKFPU) spokesman warned changes to the law would pose “challenges” to policing and the “safety of staff and fans at football games.”
According to the spokesman, no other sport experiences the level of violence and criminal behaviour among its supporters that football does, and he pointed to alcohol as frequently being involved. He described it as “incredibly rash to make fundamental changes without a full examination of the evidence and meaningful consultation with police practitioners.”.
The Case for Change
Burnham’s argument is simple: football fans should not be treated differently from supporters of other sports. He has made the point before at the rugby league game at Everton’s Hill Dickinson Stadium, where supporters could have a drink in the stands.
The man argued that the law dates back to an era when football looked very different. He made the case for removing the discrimination, saying it could be tried out first.
The Risks
The reaction from authorities raises a serious concern. Given that alcohol plays a significant role in violent and disorderly conduct at football grounds, loosening the law might place fans and staff in jeopardy.
The spokesman for the UKFPU pointed out that no other sports encounter the kind of disorder and criminal conduct from their spectators that football does, and alcohol frequently plays a part. He did not make this point as an argument against the Prime Minister; it was a warning instead.
The representative referred to it as “incredibly rash to make fundamental changes without a full examination of the evidence and meaningful consultation with police practitioners.”.
What Comes Next
Government sources say Burnham is repeating a position he has held for some time. He is not, so far, announcing any new policy.
But the PM has put the issue on the agenda. The FSA has called for the law to be reviewed. Clubs are in favour of a change. A fan-led review of football governance in 2021 called for the law to be re-examined.
A trial is probably on the cards. Burnham hinted at one during his remarks. Given the Prime Minister’s side argues the law singles out football fans unfairly compared to other sports, and police chiefs say football’s past record of trouble means letting it go could put safety at risk.
A Fair Comparison
| Sport | Alcohol in Stands | Historical Context |
|---|---|---|
| Men’s Football (England) | Banned | Introduced 1985, Brittan cited alcohol as major contributory factor |
| Rugby League (Everton’s Hill Dickinson Stadium) | Allowed | Burnham criticised the restriction shortly before becoming PM |
| Women’s Super League | Allowed this season | After two successful trials |
| Scotland | General ban since 1981 | Trial sales now permitted at Hampden Park |
The Debate So Far
Public discussion has begun. Burnham has made his opinion known. Police have expressed their worry. The FSA has set out its stance.
The question still hangs unresolved. A trial’s progress hinges on talks with football clubs, fans and the Department for Digital, Culture, Media and Sport — none of whom has been scheduled to take part yet.
Where the paper stands
The paper backs neither side and supports smaller government overall, rejecting both Burnham’s demand for an exception and the existing law’s concentration of power in the Home Office, which should not regulate private conduct at sports venues. The law is an example of an agency writing its own authority, regulating private life in the stands, and it should be rolled back.
The 1985 legislation was written by Leon Brittan, who said alcohol was a “major contributory factor in violent and disorderly behaviour” in football grounds. That reasoning applies to football alone, and it gave the Home Office power over what fans can drink in their seats. The paper opposes such power being gathered in one office, whatever the cause.
Instead of Burnham’s demand for an exception, the paper would prefer the law to be scrapped entirely, leaving clubs free to decide for themselves. Fans should not need a government exemption to enjoy a drink while watching a match. The reader should watch for any sign of that power concentrating further, whether through new laws or new agencies writing their own rules.
Source material: “Burnham brands ban on football fans drinking alcohol in stands as 'discrimination',” the BBC.
Get the Notebook.
The day's best stories and every fresh verdict, in plain English, in your inbox by seven. One email a day, no more.