Andy Burnham backs trial to lift 'discriminatory' ban on drinking alcohol in football stands

Andy Burnham has signalled that he may lift the decades-old ban on drinking alcohol in the stands at football matches, arguing it is "unfair" for supporters to be singled out when fans of other sports are free to drink in view of the action. The prime minister, a committed Everton fan and season-ticket holder who still attends matches, said there was a case for trialling an end to the restriction to bring football into line with rugby and cricket.

Speaking to reporters on the plane to New York as he travelled to the United Nations, Burnham said: "I don't think it's fair for football fans to be singled out in that way and I made that point. 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, perhaps 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."

Legislation that 'dates to an era where football was very different'

The ban stems from the Sporting Events (Control of Alcohol etc) Act 1985, introduced by Margaret Thatcher's government, which prohibits drinking in sight of the pitch at stadiums hosting clubs in the top five tiers of men's football in England and Wales. At the time, the then home secretary, Leon Brittan, described alcohol as a "major contributory factor in violent and disorderly behaviour" in football grounds.

Burnham has long opposed the ban, saying it is discriminatory and out of date, harking back to an era when football violence was fuelled by drinking within view of the pitch. Shortly before he became prime minister, he criticised the restriction while attending a rugby league match at Everton's Hill Dickinson Stadium, where it was possible for supporters to have a drink in the stands.

While government sources have not ruled out a trial or pilot scheme to test whether a change would be possible, any wider move would require extensive consultation involving football clubs, fans and the Department for Digital, Culture, Media and Sport – none of which is currently planned.

Supporters' groups and EFL welcome a review

The move was welcomed by the Football Supporters' Association and the English Football League. The EFL said it would be "receptive" to a review of legislation that "was introduced more than 40 years ago and has not kept pace with significant developments in stadium management, safety and stewarding".

Tom Greatrex, the chair of the FSA, said: "The FSA has always argued that it's 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. We welcome the prime minister's comments and totally agree that the legislation is outdated and deserves to be reviewed. We look forward to being part of that consultation."

Greatrex added that "many clubs" were in favour of a change. The fan-led review of football governance in 2021 also called for the ban to be re-examined and suggested piloting the sale of alcohol within sight of the pitch in lower-tier English football.

Police warn change would be 'incredibly rash'

Police chiefs have pushed back strongly against relaxing the law. A spokesperson for the UK Football Policing Unit, which coordinates football policing policy in England and Wales, said the UKFPU would welcome a meeting with the prime minister to "explain the challenges these proposed changes would bring to policing and the safety of staff and fans at football games".

"Other sports simply don't see the violence and criminal behaviour from their supporters that football does, albeit a minority, with alcohol often playing a significant part in violent and disorderly behaviour," the spokesperson said. "It would be irresponsible to fuel this by allowing greater alcohol consumption during games."

The UKFPU noted that changes in legislation were implemented after the Taylor report of 1990 into the causes of the 1989 Hillsborough disaster "for good reason" following a number of football-related tragedies, and that the game is currently in the longest ever period without a significant football-related disaster. "It would be incredibly rash to make fundamental changes without a full examination of the evidence and meaningful consultation with police practitioners who have the expertise in this area," the spokesperson added.

Women's football already shows how it can work

There is a recent precedent within the English game. Supporters at Women's Super League and WSL2 matches have been permitted to drink alcohol in view of the pitch since the start of this season, after a successful 18-month trial led to a change to the WSL's regulations this summer, allowing clubs – but not obliging them – to give fans that option. Since the rule change, 25 of the 26 clubs across the two divisions of English women's football have taken up the option at all of their home games.

The only exception is Brighton & Hove Albion, whose home matches at Crawley's Broadfield Stadium do not permit drinking in view of the pitch – although the club allows it when playing at the Amex Stadium, as it did last Sunday when hosting Aston Villa. Women's matches have typically seen fewer incidents of crowd trouble.

The law is even more restrictive in Scotland, where the general sale of alcohol has been prohibited in football stadiums since 1981 – although trial sales have been taking place recently and fans can now buy alcohol at Hampden Park games.