Burnham calls 1985 alcohol-in-stands ban discriminatory and pushes for repeal

Prime Minister Andy Burnham has publicly called for the repeal of the law banning football fans from drinking alcohol in stadium stands, describing the four-decade-old legislation as discriminatory and no longer fit for purpose.

The Sporting Events (Control of Alcohol) Act 1985 prohibits drinking in sight of the pitch across the top five tiers of English men’s football in England and Wales. Burnham, a self-declared Everton supporter, argued the restriction was conceived “in an era when football was very different” and that singling out football spectators while supporters of other sports drink freely in their seats is fundamentally unfair.

“I don’t think it’s fair for football fans to be singled out in that way,” Burnham told reporters. “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 from others.”

The Football Supporters’ Association (FSA) welcomed the Prime Minister’s intervention. Chairman Tom Greatrex pointed to existing inconsistencies in the law, noting that fans can sit in the same seat and drink alcohol while attending an Oasis concert or a rugby league match at the same ground. He also highlighted that a successful pilot in the Women’s Super League and WSL2 has already allowed fans to drink in the stands at many grounds, and that the EFL has long supported a similar trial in the men’s game.

“The FSA has always argued that it’s unfair to criminalise football fans for having a pint while watching the match,” Greatrex said. “The legislation is outdated and deserves to be reviewed. We look forward to being part of that consultation.”

However, the UK Football Policing Unit pushed back, with a spokesperson warning that making changes without thorough consultation with police forces would be “incredibly rash”. The unit said chiefs would welcome a meeting with Burnham to “explain the challenges these proposed changes would bring to policing and the safety of staff and fans”, adding that other sports do not experience the same levels of violence and criminal behaviour — with alcohol frequently cited as a contributing factor — that a minority of football supporters are responsible for.

The debate sets up a significant tension between civil liberties arguments around equal treatment of fans and the operational concerns of law enforcement, with any legislative change likely to require extensive consultation before it could be enacted.