Andy Burnham has called the law banning football supporters from drinking within sight of the pitch "discrimination", and suggested it could be tested with a trial. Speaking to reporters during a trip to the United Nations in New York, the prime minister said he was not prepared to drop a view he has held for years.
"I think that legislation dates to an era where football was very different," he said. "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."
A law from 1985
The restriction covers the top five tiers of men's football in England and Wales and was introduced by Margaret Thatcher's government in 1985. Leon Brittan, then home secretary, described alcohol at the time as a "major contributory factor in violent and disorderly behaviour" inside grounds. No other sport in this country carries the same rule, which is the part supporters have never been able to square.
Burnham is an Everton season-ticket holder and has raised this before. Shortly before entering Downing Street he made the same point after watching a rugby league match at Everton's Hill Dickinson Stadium, where drinking in the stands was permitted.
Government sources were quick to frame his comments as an old opinion restated rather than anything approaching policy. Nobody inside government is reading it as a signal that the law is about to change. A trial is not being ruled out, but anything wider would need consultation across clubs, supporters and the Department for Digital, Culture, Media and Sport, and none of that is currently planned.
Police want a word
The UK Football Policing Unit did not welcome it. A spokesman warned that relaxing the law would create problems for policing and for "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," he said. "It would be irresponsible to fuel this by allowing greater alcohol consumption during games." Making fundamental changes without a proper look at the evidence, he added, would be "incredibly rash". Police chiefs have asked to meet the prime minister to explain their position.
Supporters have been asking for this for years
The Football Supporters' Association takes the opposite view, and has done for some time. Chairman Tom Greatrex said it was "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, he said, would back a change. The fan-led review of football governance in 2021 also recommended the legislation be re-examined.
Parts of the rule have already loosened. Every Women's Super League club is allowed to serve alcohol in the stands this season, after two trial campaigns that passed without incident. Scotland has been stricter still — general sales in stadiums have been banned since 1981 — yet trial sales have begun there too, and supporters can now buy a drink at Hampden Park.
Which is where the argument sits. The law is older than most of the people it now applies to, two adjacent versions of the game have already moved on from it, and the body responsible for policing matchdays still thinks the risk is real. Nothing about Burnham's comments changes that standoff. It does mean the most powerful football fan in the country has picked a side.
The rule: Introduced in 1985 for English and Welsh grounds, banning alcohol in view of the pitch across the top five tiers of the men's game. Scotland has prohibited general stadium sales since 1981. All WSL clubs may serve alcohol in the stands this season following two seasons of trials. A change in England would require consultation with clubs, supporters and DCMS, none of which is currently planned.
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