The Parliamentary Under-Secretary of State, Department for Culture, Media and Sport (Baroness Twycross) (Lab)

I thank the noble Lord for tabling Amendment 58, which would introduce an exception to prohibition on unauthorised association. I understand that this amendment seeks to ensure that a licensed premises’ use of representations in pre-existing advertising material will not breach the prohibition, providing that the use does not suggest that the premises is an official sponsor of, or otherwise commercially associated with, a sporting event to which the unauthorised association provisions have been applied. I can assure the Committee that a licensed premises’ use, or indeed any wider business use, of pre-existing advertising materials in this way will not breach the prohibition on unauthorised association. That is because the prohibition on unauthorised association applies only where a business uses a representation in a way that is likely to suggest to the public that it has an official association with the event. It is for event owners to agree with athletes and their individual sponsors—in response to the noble Lord, Lord Foster—the types of promotional activity that are to be permitted during an event. That is not for legislation. I can also provide assurance to the noble Lord, Lord Addington, that the Bill expressly provides that a business will not breach the prohibition on unauthorised association by providing factual information about the services it provides. The intention of this exception in paragraph 3(4)(b) of Schedule 4 is to enable businesses to factually describe goods sold and services they provide in the course of their normal business, where this is done in accordance with honest business practice. For example, a pub will be able to state that it is screening Euro 2028 matches without breaching the unauthorised association prohibition, provided it does not imply that it has an official association with Euro 2028. A B&B will also be able to state that it is within walking distance of a venue for Euro 2028 without breaching the prohibition. We want to ensure that local businesses can show their support for major sporting events and we will work with event organisers to ensure that this is the case. The prohibition applies only to activity that would suggest to the public an official association with an event, meaning that there was a realistic chance that everyday members of the public would consider that such an association existed. The noble Lord, Lord Foster of Bath, cited the case of Olympic sausages; the example I have been asking officials about as I have gone through it is whether it is likely or unlikely that this Bill would prevent a local bakery selling football-themed cupcakes in support of Euro 2028, and I have been assured that it is not likely that that would happen. So, for the reasons I have set out, I ask the noble Lord, Lord Addington, to withdraw his amendment.