Commentary on Sections Street Trading Etc. Section 2: Ban on outdoor trading in the vicinity of Games locations
14.This section makes it an offence to trade within the vicinity of a Games location at particular times (the “trading offence”). Indoor trading (i.e. trading in a building) is not covered by the offence. Scottish Ministers are given a power to make further provision about trading around Games locations which can be used to set out further exceptions to the offence. The offence does not apply to any trading by the Organising Committee or the Commonwealth Games Federation although the trading regulations may require either or both to comply with prescribed conditions.
15.The Commonwealth Games Federation may find it necessary to adjust the requirements which are placed on host cities, or the proposed sporting programme or venues may alter during the period leading up to the Games. For this reason, the detail of these restrictions will be brought forward in subordinate legislation in order to make a proper assessment of what is required and where closer to 2014. The regulations are likely to apply restrictions for different periods and in different ways for different Games locations. This would enable the characteristics of different venues and different events to be taken into account and ensure that any restrictions are proportionate in their compliance with the Host City Contract. For example, Strathclyde Park is currently proposed to be used only for the one day Triathlon where as the SECC Arena is currently proposed to be used for 11 days of Netball. The extent and the duration of restrictions will therefore reflect the nature and use of the venue.