Making sure World Cup events aren't an own goal for councils

Brighton and Hove City Council and Sussex Police have recently faced concerns about a 5,000 capacity World Cup fan zone. Hosted on Brighton beach from June to July, football fans will be able enjoy watching televised games at what is being billed as Europe's largest open-air beach World Cup fan park.There will be 50-metre square screens showing England matches, pyrotechnic celebrations, live music and club nights. At a community engagement meeting, these plans were met with some concerns about anti-social behaviour, noise disruption, and the impact on residents and businesses. These are all valid concerns, which councils must consider when hosting or getting involved with temporary events for the public this summer. However, they aren't the only risks that could leave local authorities exposed to liabilities for possible negligence, harm and damage. High-risk activities Local authorities will typically hold comprehensive insurance policies covering public liability, property damage and business interruption. These policies will usually simplify administration while providing consistent cover to limit day-to-day exposure, and may extend to ad hoc events such as the Brighton fan zone. Insurance coverage will depend upon specific policy wording, and it is important that local authorities are aware of any restrictions or requirements their policy may dictate. It is not unusual, for example, for policies to only cover events organised by an authority itself, which can become a grey area when third party contractors are used to assist in event planning, design, advertising and operation. In addition, not all event risks are the same. Creating opportunity for people to come together to support the national football team is, broadly speaking, an act of unity that should present lesser risk than a match involving two domestic football teams. This does not eliminate the risk of crowd disturbance caused by local allegiances, with fans of varying domestic teams all meeting in the same venue. Add alcohol and ‘match tension' to the mix, and there's the possibility of people suffering harm or property being damaged. Injury can also be caused by sudden surges in crowd movements during the excitement of a goal scored, and the allure of a proximate sea on a warm night can be too much for some drunken revellers to resist.Where councils authorise use of their own land for events, they will usually require the event organiser to hold their own insurance policies. They will also transfer responsibility for planning and risk assessment to that person or organisation. It's important to note though, that this does not absolve a council of all liabilities. Local authorities retain primary responsibility for loss caused by use of their land, and whether that can be devolved to others can be legally complex. Local authorities are best placed considering whether its spaces are suitable for events in the first place. Organisers cannot be expected to be aware of localised issues such as high winds, subsidence or waterlogging. A space which may seem generally suited for events may be better for sports than concerts, or appropriate for a high footfall. Tarmac and turf can each be subject to defects and imperfections such as potholes and slipping hazards, but the inspection and maintenance responsibilities for each are different. An event organiser is unlikely to accept responsibility for losses arising during their event caused by a council's historic failure to adequately maintain its own land. Just because an event could be hosted in a particular location does not mean that it should be.Martyn's Law A growing area of significance for local authorities and public events is the Terrorism (Protection of Premises) Act 2025, often referred to as Martyn's Law. The Act has received Royal Assent but is not yet in force, with staged implementation taking place over a two-year period, into 2027. The Act introduces a legal duty for organisations responsible for certain premises and events to take reasonable, practical steps to prepare for and reduce the impact of possible terrorist attacks. Statutory guidance for the Act was issued in April 2026 and there are growing expectations about preparedness, risk assessment and security measures surrounding large events. The very fact that clear guidance already exists about how to implement relevant strategies in itself means that unpreparedness will be highlighted where failures are identified. The requirements of the Act may not yet be fully implemented, but they should already be operational. Council obligations may vary with organisational ownership, but local authorities and their Safety Advisory Groups (SAGs) have the specialist knowledge required to ensure enhanced due diligence to prioritise risk assessments, emergency plans and appropriate security and accessibility arrangements. Whether the authority is the ‘responsible person' for the purposes of the Act or not, councils have a large part to play in ensuring that measures are in place that prepare for and reduce the impact of terrorist attacks. The threat of terrorism has evolved over time. Increased awareness, diligence, funding, and focus has reduced, although not eliminated, the risk of one-off large-scale 9/11 type attacks, but they have only been replaced by lone actor terrorist plots. They are, by definition, much harder to identify and prevent, and recent history shows that attacks can target individuals as well as any size of group. Public events such as Christmas markets have traditionally been seen as low risk, but the lone actor threat is ubiquitous and cannot be dismissed, particularly where security levels are low and access is open. The role of the SAG has never been more important, and local authorities should ensure that their group's remit, purpose and strategy has been critically assessed for suitability and compatibility, and is periodically re-assessed to ensure continuous improvement. Martyn's Law dictates a joined-up approach that SAGs are already used to, but improvements in communication and collaboration with stakeholders will define results. As the law evolves alongside the threats, it is important that these groups work closely with insurance teams, service departments and legal advisors to ensure that risk is properly managed and liabilities contained. David Mayor is an Insurance Partner at Forbes Solicitors

Title

LEGAL

Making sure World Cup events aren't an own goal for councils

By David Mayor | 22 June 2026

SUBSCRIBE TO CONTINUE READING