Sports Grounds And Sporting Events, England PART 1 Introductory Citation, commencement, extent and application 1 1 These Regulations may be cited as the Birmingham Commonwealth Games (Advertising and Trading) Regulations 2021. 2 They come into force on 19th November 2021. 3 These Regulations extend to England and Wales. 4 These Regulations apply in relation to England only. General interpretation 2 1 In these Regulations— “the Act” means the Birmingham Commonwealth Games Act 2020; “event road” means any road on a relevant map that is marked with a blue line; “hand-held device” means a hand-held mobile telephone or other personal interactive communication device; “railway station” includes a West Midlands Metro station; “relevant map” has the meaning given by regulation 5; “street” has the same meaning as in paragraph 1(1) of Schedule 4 to the Local Government (Miscellaneous Provisions) Act 1982 . 2 Any reference in these Regulations to a person doing something in or on a railway station includes doing something in or on any part of a railway station (including its yards), whether on, above or under the ground. PART 2 Specified Games locations, advertising or trading in, or in the vicinity of, a Games location, and specified periods Specified Games locations 3 The Games locations which are specified for the purposes of section 13(2) (advertising offence) and section 16(2) (trading offence) of the Act are set out in Schedule 1. Advertising or trading in, or in the vicinity of, a Games location 4 1 Subject to paragraph (2), a person is to be treated, for the purposes of section 13 and section 16 of the Act, as advertising or trading in, or in the vicinity of, a Games location when that person is— a advertising or trading in or on a railway station where any part of that station is on, above or under the ground in the non-shaded area that is bounded by a dotted green line on a relevant map; b advertising or trading on an event road; c advertising or trading in any other place within the non-shaded area that is bounded by a dotted green line on a relevant map; d advertising or trading— i on any pavement that is outside the non-shaded area that is bounded by a dotted green line on a relevant map but is on any side of any part of a road that is within the non-shaded area that is bounded by a dotted green line on a relevant map (including on anything on or above the pavement), or ii on any land or water that is outside the non-shaded area that is bounded by a dotted green line on a relevant map but is within two metres of any side of any part of a road that is within the non-shaded area that is bounded by a dotted green line on a relevant map (including on anything on or above the land or water) where there is no pavement, or where any pavement extends less than two metres from the side of the road; e advertising or trading on any part of any bridge which is outside the non-shaded area that is bounded by a dotted green line on a relevant map where the bridge carries an event road; or f advertising on the frontage or roof of any building or frontage of any bridge, where— i that frontage or roof can be seen from any place within sub-paragraphs (a) to (e), and ii any part of the frontage or roof is within 25 metres of that place. 2 Where the Games location is the road race course or the time trial course— a a person is not to be treated as advertising on any pavement or land in the circumstances described in paragraph (1)(d) where that person is advertising on the frontage of any building on that pavement or land; b paragraph (1)(f) does not apply. 3 In this regulation— “road race course” means the Games location specified in paragraph 9 of Schedule 1; “time trial course” means the Games location specified in paragraph 13 of Schedule 1. 4 Any reference in this regulation to a place (including references to a railway station, event road, pavement, land or water) includes the airspace above that place. Meaning of “relevant map” 5 A “relevant map” is a map of a specified Games location and its vicinity, bearing the name of the specified Games location, the title of these Regulations and the date October 2021, of which copies are set out in Schedule 2 and are available by appointment for inspection during normal office hours at: a the Department for Digital, Culture, Media and Sport, 100 Parliament Street, Westminster, London, SW1A 2BQ; and b the Birmingham Organising Committee for the 2022 Commonwealth Games, One Brindley Place, Birmingham, West Midlands, B1 2JB. Specified periods 6 Schedule 3 sets out the periods which are specified for the purposes of section 13(2) and section 16(2) of the Act. PART 3 Exceptions to the advertising offence Exceptions for charities 7 1 Section 13(1) of the Act (advertising offence) does not apply to Games location advertising carried out by a charity wholly or partly for the purpose of— a promoting that charity; or b promoting a service listed in paragraph (3). 2 The exception in paragraph (1) does not apply to anything done by a charity partly for the purpose of— a promoting a product; or b promoting a business, other than a charity. 3 The services listed in this paragraph are— a the prevention or relief of poverty; b the advancement of health or the saving of lives; c the advancement of human rights, conflict resolution or reconciliation or the promotion of religious or racial harmony or equality and diversity; d the relief of those in need because of youth, age, ill-health, disability, financial hardship or other disadvantage; e the promotion of the efficiency of the police, fire and rescue services or ambulance services. 4 In this regulation— “charity” has the meaning given to it in section 1 of the Charities Act 2011 , but does not include relevant higher education providers; “relevant higher education provider” means an institution which is registered in the register of English higher education providers maintained by the Office for Students under section 3 of the Higher Education and Research Act 2017 (register of English higher education providers) , but does not include an institution within the further education sector as defined by section 91(3) of the Further and Higher Education Act 1992 (interpretation of Education Acts) . Exceptions modelled on the Town and Country Planning Regulations 8 1 Section 13(1) of the Act does not apply to Games location advertising consisting of the display of an advertisement within— a a class specified in column (1) of Schedule 1 to the Town and Country Planning Regulations (subject to paragraph (2)), provided that the display (or as the case may be) the advertisement complies with the conditions referred to in regulation 1(3) of those Regulations ; or b a class specified in Part 1 of Schedule 3 to the Town and Country Planning Regulations listed in paragraph (3), subject to— i paragraph (4), ii the conditions set out in Schedule 2 to the Town and Country Planning Regulations, and iii in the case of any class other than Class 12, the conditions and limitations specified in Part 1 of Schedule 3 to the Town and Country Planning Regulations in relation to that class. 2 The exception in paragraph (1)(a) (classes specified in column (1) of Schedule 1 to the Town and Country Planning Regulations) does not apply to the display of any of the following advertisements— a an advertisement within Class A (advertisements displayed on enclosed land) where the advertisement is displayed— i on enclosed land , or part of enclosed land, where that enclosed land, or that part of the enclosed land, is a railway station or bus station, including its forecourt (whether enclosed or not), ii on or in a sports stadium, or iii on enclosed land where a sporting event forming part of the Games is taking place, is to take place, or has taken place on or in that enclosed land; b an advertisement within Class C (advertisements incorporated in the fabric of buildings) that was not in existence on the date on which these Regulations came into force; c an advertisement within Class I (advertisements displayed inside buildings), other than an exempt business advertisement, where the advertisement is displayed— i in a building, or in part of a building, where that building (or that part of the building) is, or forms part of, a railway station or bus station, ii in a sports stadium, or iii in part of a building where a sporting event forming part of the Games is taking place, is to take place, or has taken place in that part of the building. 3 The classes referred to in paragraph (1)(b) (classes specified in Part 1 of Schedule 3 to the Town and Country Planning Regulations) are— a Class 1 (functional advertisements of government departments and their agencies, local authorities, public transport undertakers, statutory undertakers and Transport for London); b Class 2 (miscellaneous advertisements relating to the premises on which they are displayed); c Class 3 (miscellaneous temporary advertisements); d Class 4 (illuminated advertisements on business premises); e Class 5 (other advertisements on business premises) ; f Class 6 (advertisements on forecourts of business premises); g Class 7 (flag advertisements) ; h Class 10 (advertisements for neighbourhood watch and similar schemes) ; i Class 11 (directional advertisements); j Class 12 (advertisements inside buildings) ; k Class 17 (advertisements on charging points for electric vehicles) . 4 The exception in paragraph (1)(b) does not apply to the display of any of the following advertisements— a an advertisement within Class 3D (advertisements announcing local events and activities) that promotes— i a product or service, or ii a business, other than a charity; b an advertisement within Class 3F (advertisements relating to travelling circuses, fairs or similar travelling entertainments); c an advertisement within Class 7B (flags on residential development sites) that does not relate to the development or to a person carrying out the development or an aspect of the development; d an advertisement within Class 12 (advertisements displayed inside buildings), other than an exempt business advertisement, where the advertisement is displayed— i in a building, or in part of a building, where that building (or that part of the building) is, or forms part of, a railway station or bus station, ii in a sports stadium, or iii in part of a building where a sporting event forming part of the Games is taking place, or is to take place, or has taken place in that part of the building. 5 In this regulation— “business premises” and “forecourt” have the same meanings as in Schedule 3 to the Town and Country Planning Regulations ; “exempt business advertisement” means an advertisement (whether illuminated or not) displayed on business premises within a building (or a forecourt associated with such premises) that refers only to— the business carried on, the goods or services provided, or the name or qualifications of the person carrying on the business or providing the goods or services, on those premises; “the Town and Country Planning Regulations” means the Town and Country Planning (Control of Advertisements) (England) Regulations 2007 . Exceptions for newspapers and periodicals 9 1 Section 13(1) of the Act does not apply to Games location advertising that consists of selling, distributing or providing a current newspaper or periodical. 2 The exception in paragraph (1) does not apply to the selling, distribution or provision of a current newspaper or periodical— a in the street if the selling, distribution or provision is done in a manner that causes undue interference or inconvenience to persons using the street; b if the version of the newspaper or periodical sold, distributed or provided has been created for the purpose of sale, distribution or provision only to, or principally to, members of the public who are in, or in the vicinity of, a specified Games location; or c which is accompanied by any item if the whole or principal purpose of including that item is to promote a product, service or business specifically to members of the public who are in, or in the vicinity of, a specified Games location. 3 For the purposes of this regulation, a person is to be treated as being in, or in the vicinity of, a specified Games location when that person is— a in or on a railway station where any part of that station is on, above or under the ground in the non-shaded area that is bounded by a dotted green line on a relevant map; b on an event road; c in any other place within the non-shaded area that is bounded by a dotted green line on a relevant map; d on any pavement that is outside the non-shaded area that is bounded by a dotted green line on a relevant map but is on any side of any part of a road that is within the non-shaded area that is bounded by a dotted green line on a relevant map; or e on any land or water that is outside the non-shaded area that is bounded by a dotted green line on a relevant map but is within two metres of any side of any part of a road that is within the non-shaded area that is bounded by a dotted green line on a relevant map where there is no pavement, or where any pavement extends less than two metres from the side of the road. Exceptions for hand-held devices 10 1 Section 13(1) of the Act does not apply to Games location advertising that consists of advertising on a hand-held device unless the advertising is done wholly for the purpose of, or with the principal intention of, promoting a product, service or business specifically to members of the public who are in, or in the vicinity of, a specified Games location. 2 For the purposes of this regulation, a reference to a person being in, or in the vicinity of, a specified Games location is to be read in accordance with regulation 9(3). Exceptions for providers of information society services 11 Schedule 4 contains exceptions relevant to providers of information society services. PART 4 Exceptions to the trading offence Exceptions to the trading offence 12 1 Section 16(1) of the Act (trading offence) does not apply to— a trading in a specified Games location, except where the activity is done in a relevant public place in a specified Games location; b supplying public transport services; c trading as a guided tour operator, including transporting people to the start point of a tour; d selling, distributing or providing current newspapers or periodicals (subject to paragraph (2)); e offering or exposing an item for sale from inside a building to a person who is outside that building, provided that offering of or exposing of the item for sale forms part of the usual business of a person who is the ratepayer in respect of the hereditament comprising the building in accordance with the Local Government Finance Act 1988 (or who would be the ratepayer but for the application of an exemption under Schedule 5 to that Act); f providing a charge point; g providing outdoor exercise classes; h providing a parcel delivery locker; i trading on a hand-held device; j trading on private land adjacent to exempt retail premises provided that the trading activity— i forms part of the usual business of a person who is the ratepayer in respect of the hereditament comprising the premises in accordance with the Local Government Finance Act 1988 (or who would be the ratepayer but for the application of an exemption under Schedule 5 to that Act), ii takes place during the period for which the premises are open to the public for business, and iii does not cause undue interference or inconvenience to persons using a street; k offering or exposing an item for sale adjacent to exempt retail premises provided that this activity— i forms part of the usual business of a person who is the ratepayer in respect of the hereditament comprising the premises in accordance with the Local Government Finance Act 1988 (or who would be the ratepayer but for the application of an exemption under Schedule 5 to that Act), ii takes place during the period for which the premises are open to the public for business, and iii does not cause undue interference or inconvenience to persons using a street; l providing, or offering to provide, a service at a burial ground or cemetery, provided that the service forms part of the usual services carried out at that burial ground or cemetery; m trading at a leisure centre or outdoor sports facility, provided that the trading forms part of the usual business carried out at that leisure centre or outdoor sports facility. 2 The exception in paragraph (1)(d) does not apply to selling, distributing or providing a current newspaper or periodical in a street if the selling, distributing or providing is done in a manner that causes undue interference or inconvenience to persons using the street. 3 In this regulation— “charge point” means a device intended for charging a vehicle that is capable of being propelled by electrical power derived from a storage battery (or for discharging electricity stored in such a vehicle); “exempt retail premises” means a building normally used as— a shop, a café, restaurant, bar, or otherwise used for the supply of meals, refreshments or alcohol to the public, or a petrol filling station, car showroom or car garage; “guided tour operator” means a person who supplies services to the public comprising tours in an area, excluding tours conducted on transport; “hereditament” has the same meaning as given in section 64 of the Local Government Finance Act 1988 (hereditaments) ; “parcel delivery locker” means a locker for the collection or sending of parcels; “pedicab” means a pedal cycle, or a pedal cycle in combination with a trailer, constructed or adapted for carrying one or more passengers; “pedal cycle” includes a power-assisted pedal cycle; “public transport services” means any service for the carriage of passengers from place to place which is available to the general public (whether or not for payment) and includes taxis, private hire vehicles and cycle hire, but does not include— pedicabs, including pedicabs that are licensed as taxis, or water taxi services; “water taxi services” means services of vessels provided for the primary purpose of carrying members of the public to, from or between locations. Exceptions for providers of information society services 13 Schedule 4 contains exceptions relevant to providers of information society services. Nigel Huddleston Minister for Sport, Tourism, Heritage and Civil Society Department for Digital, Culture, Media and Sport 25th October 2021