Seasoncard ban due to finishing drink at seat

[The Colonel]

...silly I know but I didn't realise that legal implications and severity of the offense. Just after some legal views on this.

I've had my season card removed and ban in place pending a mcfc security investigation for finishing my plastic beer bottle at my seat at the start of the West Ham game. The police were called and confirmed that it was a criminal offence (Sporting Events (Control of Alcohol etc.) Act 1985 (as amended)) but they weren't interested in taking any further action and left things to our stewards.

My season was taken and myself ejected. The ban remains. I've looked at the above Act and my reading is that a ban can be enforced if I am convicted of the offence of drinking in view of the pitch, and, which could cause damage. I would have thought that this would have had to be enforced through police officers rather than our club. Also, there appears to be nothing in the seasoncard terms and conditions relating to having my card removed for this offense.

Have they got a right therefore to enforce a seasoncard ban, or confiscate my ticket on these grounds? Any pointers would be very much appreciated.

 

[bluemoon98]

Yes they have I forgot who it was but they lent out their seasoncard to a mate and he was found to be drinking in view of the pitch. Think he had proof it wasn't him but warned about it for the future.

As it is your seasoncard and you were the one who committed the offence I would presume the club have contacted you about what is happening?

If not I would contact them but as it is the law and in the rules that no drink to be consumed in view of the pitch I would of thought they would take action by banning you for certain amount of time/games.

If they haven't contacted you already best to do it yourself and explain and see what they say mate.

All the best :)

 

[Bluebee2]

I take it that it will be a three match ban similar to the people caught smoking. You got away with the Police getting involved mate really and as you state it is a criminal offence, just take the three match ban if that's what you get.

 

[The Colonel]

Thanks for the advice and wishes chaps - the club have written to me and I responded giving the events from my side. That was a week ago and no response has been sent or even acknowledgement. I expect that the ban may be given and I may just bite the bullet on this, but I still think that they are out of contract on the seasoncard terms and conditions - which actually mentions smoking but not this drinking in view of the pitch thing.

The legal act actually states that a ban may be placed "if convicted" and they have to prove that the plastic bottle and beer dregs could have caused damage.

 

[blue ranger]

Tell them you were used to be being at bundesliga games where you can have a pils at your seat lol

 

[peoffrey]

I'd have thought the chances of your ban being lifted are minimal. I rarely, if ever, see fans drinking in view of the pitch so I'd assume City are in the right here and would certainly win any legal battle. Accept the ban, apologise to City and return after three games.

Was there any reason why you took your drink in to the stand? Had it taken forever to get served and you didn't want to knock it back in one?

 

[M18CTID]

Thanks for the advice and wishes chaps - the club have written to me and I responded giving the events from my side. That was a week ago and no response has been sent or even acknowledgement. I expect that the ban may be given and I may just bite the bullet on this, but I still think that they are out of contract on the seasoncard terms and conditions - which actually mentions smoking but not this drinking in view of the pitch thing.

The legal act actually states that a ban may be placed "if convicted" and they have to prove that the plastic bottle and beer dregs could have caused damage.

Sorry to say that I think you're on rocky ground on this one mate. It sounds unfair that the police decided to adopt a commonsense approach and not to take it further yet you've still been banned by the club. Trouble is, the club have a right to ban who they want even if you've not been convicted of anything - maybe not the best analogy but I'd compare it to being barred from a pub.

A similar thing, albeit a different offence, happened to my mate on the day we won the title against West Ham - when Kompany scored the second goal somebody (not my mate) set a flare off in our section. It ended up on the floor near us and my mate somewhat naively picked it up and waved it around his head for no more than a couple of seconds before dropping it. About 10 minutes later the stewards turned up and he was arrested. The police let him go without charge about an hour or so after the match ended and he met us in town to join in with the title celebrations. We all thought that was that but a few days later he got a letter off the club saying he was banned for the whole of the following season. We all thought this was OTT as the police themselves had been decent enough about it. He sent a letter of appeal to the club, explaining that he wasn't the one that had set it off, it was a moment of madness in the heat of a goal celebration, etc, but while they acknowledged that it wasn't him that set it off, they still upheld the decision to ban him - I think the fact that he was "in possession" of it at some point meant that it was still an offence.

If you only end up with a 3 game ban, it's probably advisable to take it on the chin. If it turns out to be full season, there's no harm in appealing it but looking at what happened to my mate I can make an educated guess at what the outcome will be.

 

[Prestwich_Blue]

Thanks for the advice and wishes chaps - the club have written to me and I responded giving the events from my side. That was a week ago and no response has been sent or even acknowledgement. I expect that the ban may be given and I may just bite the bullet on this, but I still think that they are out of contract on the seasoncard terms and conditions - which actually mentions smoking but not this drinking in view of the pitch thing.

The legal act actually states that a ban may be placed "if convicted" and they have to prove that the plastic bottle and beer dregs could have caused damage.

The Season Card T&C's don't mention murder, assault and exposing yourself but you'd expect to be banned for committing any of those inside the ground. They do make it clear you have to abide by various regulations, which you didn't do. I think most courts would take the view that the law of the land holds sway inside a football stadium, particularly those parts of it that specifically apply to football stadia. The law against drinking in view of the pitch is utterly ludicrous and potentially criminalises people like yourself but it is the law and if you're a regular attender you should be well aware of that.

 

[SWP's back]

The Season Card T&C's don't mention murder, assault and exposing yourself but you'd expect to be banned for committing any of those inside the ground. They do make it clear you have to abide by various regulations, which you didn't do. I think most courts would take the view that the law of the land holds sway inside a football stadium, particularly those parts of it that specifically apply to football stadia. The law against drinking in view of the pitch is utterly ludicrous and potentially criminalises people like yourself but it is the law and if you're a regular attender you should be well aware of that.

You appear to miss the point that he says the T&C's say 'if convicted', which he wasn't.

 

[mancity dan]

Do what we do and mix drinks into coke bottles and take them in. :)