Commercial Events Law - Essay Example

? Table of Contents Table of Contents 1. Executive Summary 2 2. Introduction 3 3. Event Context 4 4. Legal Issues 5 4 Licensing 6 4.2. Health and safety 7 5. Recommendations 8 Work- Cited 11 Name Institution Events Law 1. Executive Summary Several factors have contributed to the stagnation of commercial events. These among them are the legal issues which have in a great way contributed to the low growth and expansion of commercial industry in most parts of the world. Commercial events involves occasions such as footballs, shows among other activities that involve the public. Legal issues ranges from the sort of management of those commercial events, financial instruction that are concerned with planning and arrangement of such events as well as the government policies put in place. In this case, the players in the commercial events have contributed in a major way in leading the performance of commercial events to the doldrums. For example due to poor management, preparation, maintenance, finances among other requirements, such activities have not been given the required attention. This had lead to occurrence of several disastrous where most events end disastrous. For example the Hillsborough disaster where about 96 Liverpool football fans crashed into death. This was a similar situation in Kenya where about 8 lives were lost as result of stampede in Nyayo National Stadium. This report thus compiles the Acts which should be followed in operation of the commercial events as well as recommendation either to avoid occurrence of such disastrous events or providing solution when they occur. 2. Introduction Commercial events are vital as they are considered as the sources of entertainment. For this reason they tend to attract large numbers of consumers more that any other form of activity. Commercial activities have been there since time in memorial and therefore several efforts have been made to ensure that they continue to act as a source of entertainment to the public in every corner of the world. For this reason this report explores in detail some of the commercial activities which have turned disastrous in history and some of the major reasons why such scenarios were witnessed (Wilkins 230). Moreover, several legal issues regarding the performances and operation of commercial events have been explored in detail and how they are applied in the real terms. In this case, the real causes and how the government can be involved in ensuring that commercial events turn out to be successful are outlined. Therefore this report uses the case of Hillsborough Stadium in England where 96 Liverpool fans crushed to death during FA Cup final due to poor management and organization of the event. Moreover, the report uses the case of a stampede in Nairobi Kenya during an international match at Nyayo stadium where 8 fans died in 2010 and scores injured as the fans pushed to enter into the ground. This was also as result of poor organization and management where the officials did not have prior organization to handle the fans. Finally the report explores in detail what should be done to avoid such situations. In most of this case, those disasters occur due to negligence on the part of the officials and the organizers (Nardo 14). They fail to take the responsibility and hence lead to lack of a proper guideline on what should be done and what should not be done. This report thus refers to commercial events which have either ended up being disastrous in some part of the world and how the individuals were affected by such occurrences. Finally, the recommendations in this report also offer solutions on what should be followed to avert such situations and how they can resolved once they occur. 3. Event Context Hillsborough Stadium as commonly known is a football ground in England. It is one of the oldest homes of football owned by Sheffield Wednesday which is a famous football club in England. It has a capacity of about 39,800 seats. Thus it makes one of the grounds with the biggest capacity in the world. However in 1989, the football ground was faced with one of the major tragedies in the world. This tragedy occurred when 96 football Liverpool football fans during the FA cup semi finals. This disaster came to be known as the Hillsborough greatest disaster. The disaster was associated with lack of safety in the major ground in the country and all over the world. After this disaster various measures were taken aimed at improving various football grounds in the world (Wilkins 89). Through the improvement, the ground has regained its fame and is still regarded as one of the major football grounds in the world. After the improvements, the ground was able to host several tournaments for example; it hosted about 27 FA Cup semi finals. On the same, Hillsborough has been faced with a series of disasters. For example in 25 June 2007, the ground was faced with another disaster. The ground was flooded which rose several feet above the ground. The water filled every part of the stadium such as the rooms, restaurants and the boardroom among other apartments. This had a negative effect on the ground. Millions worth of properties were damaged and repairs that were demanded as a result of the destruction caused by the flood from river Don. This phenomenon occurred as a result of lack of proper strategies to deal with such calamities despite the fact that the ground had earlier been faced with similar sort of calamity Another disastrous event happened in Kenya on 23 October 2010. Fans had gathered in large numbers during a national match involving Harambee stars, the Kenyan national team. They were ecstatic as they waited for the gates to be opened. Thus when the gates were suddenly opened, people started pushing forward in order to get sitting space. Unfortunately some people feel on the ground were they were stapled upon by other people without their knowledge. A total of 8people died on the sport while scores were injured. The stampede attracted the attention of the government and FIFA where they began the blame game between the officials and the organizers of the events. In this case there were no prior preparation on how people should be allowed in. this showed lack of accountability and highest level of negligence on the part of the organizers. Such cases have been witnessed in most parts of the world. For example due poor organization and lack of proper guidelines which should follow, most commercial events have been marked by hooliganism and violence. This occurs when the fans are either provoked or when the organizers fail to meet the needs of the fans as they had expected. When such scenarios occur, the events turns out to be disastrous where people may end up loosing their life or even being suffering from serious injuries. Turning down the expectation of the consumers is indeed against the statues which guards them against exploitation from false claims. Moreover consumers of commercial activities are guaranteed of their safety once they attend such events. 4. Legal Issues Legal issues underpins the framework in which commercial events operates. Statutory laws are mostly used in regulation of commercial events. In this criterion legal issues govern all the activities involved in every commercial activity. Some of the legal issues involved in commercial events include the following; 4.1. Licensing Licensing is mainly concerned with the government. This involves government regulation aimed at ensuring that only those activities which are legal and defined within the license regarding the operations are the only ones which are followed and adhered failure to which the government is in position to revoke the license. Commercial events licensing is mainly responsible with all the stakeholders in the management level and who are involved in carrying out a particular activity. It gives the right to operate various programs. In situations cases where those involved fail to follow what is stated in their agreement for them, the license may be revoked or suspended for a given periods of time. It provides the guideline on how the activities should be infected. It provides administrative activities for various organizations. Litigations have also characterized most commercial events (Nardo 54). This is because of lack of satisfaction on all the stakeholders on the part of the officials involved. They fail to include all people in decision making. This forces some of them to file case suits in the court of law which are unnecessary. These cases tend to slow down planned activities as they lead to emergence of further disputes within the system. Thus it is critical to consider serving and fulfilling the interest of both sides. Consumers end up suffering most when officials involved in organization of such activities do not satisfy their needs. Before any organization plans and performances any event which involves the public, they must get a license from the concerned arms of the government. By getting a license, the government is also able to be notified earlier of such an activity which will take place on such a date and hence may organize to provide security during the event. This will help to avert the possibility of occurrence of any misconduct. 4.2. Health and safety Another legal issue that needs to be considered in commercial events is the health and safety. This is concerned by several statutory which are established to govern all the activities that are to be carried out. The consumer who in commercial events is referred to as the fan must be considered. Health and safety mostly affects the consumer. Moreover it is meant to protect the general welfare if the public who may be exposed to dangerous situations as well as products. Laws should not only be established but there should be mechanisms to ensure that those statutory are strictly followed. A clear explanation should also be established to guide how the laws are to be affected on the product or the activity which is defined in the course. Some of the major laws governing healthy and safety of commercial activities include the following; the consumer safety act. In this act, government has the role of ensuring that only products which are beneficial to the consumers. In this case the government can be involved in banning dangerous products and activities which are considered detrimental to the public and which may lead to lead effects. Thus the government keeps on checking the progress of the commercial activities which is guaranteed under this act. A safety regulation is another act under the health and safety legal issue. In this act, the government aims at protecting the public under poor quality goods and service provision. In this case government regulates commercial activities to ensure that are in line with the requirements. It ensures that the public are able to enjoy service provisions which are of value and which are not meant for manipulation (Daniel 128). Another act is the trade description act. In this act, the government protects the public against false claims. For example most manufacturers aim at selling their goods by claiming that they will have positive effects to the public which is not the case (Richard, 107). In such cases the government intervenes to ensure that such individuals do not only face charges of manipulation but are also banned. On the same, health and safety act ensures that cases of manipulation are not heard. Safety if prime for the guarding of human life, thus the government takes this role to ensure that the general public is not affected negatively in their desire to seek satisfaction by attending commercial events. This is also the case in commercial events where the public may be presented with negative claims. For example individual my organize events which evil motives and which does not meet the fulfillments of the public. Legal issues forms the basis upon which any given activity should observe to ensure they are in line with the government requirements and that they do not affects other players in the market or the consumers of the products. Thus to ensure that commercial activities are successful, it is important for those to observe all the legal issues and statutory which gives a framework on how such activities should operate. 5. Recommendations It is evident that from the research that commercial event attracts large number of people across the globe. However, despite the large market that commercial events create, they do not reciprocate the same by assuring the safety of their fans. The stakeholders in the overall commercial event fail to carryout major improvements to ensure that such events no not turn out disastrous. Such cases should be unheard off in such occasions where innocent individuals end up losing their life. Thus my recommendation ranges from the organizers of these events to the fans who ensure that such events are successful (Wilkins 239). For example there are situation where you find that foots fans going on stampede after disputes rise between the police ad the ecstatic fans. For example such a case occurred in Nairobi Kenya in Nyayo stadium in 2010. This was due to lack of proper management of the part of the organizers and poor planning of the ground. For example there are situations where the security officers allow more people to get into the ground beyond the required capacity. This is a likely cause of such disasters because there is no proper organization. Commercial events should be organized in a way that every thing is observed. The protocol should be followed. However, corruption gets an avenue in organization of such events. For example some allow more people into the ground in order to get extra cash. This is meant to fulfill egocentric desires. From the legal perspective, it is important to follow the legal frameworks in place. Every person involved in the organization should be compelled to follow the statutory mandating the performance and organization of such events. The staff should be trained on every aspect of the field (Nardo, 98). This starts with the management of finances, how to handle the fans on the part of the security guards and maintenance of the ground in order to be conducive for accommodating and hosting such events. Banning of commercial activities by either the government or international organization such as FIFA is not the sole solution as it does not seen to offers permanent solution to future occurrence of such events. For example after the stampede in Kenya, FIFA banned the stadium for international matches not offering any solution for future improvement either on its management or organization which has been in long term disputes over who should head football in the country (Stephen 91). The compliance with the statutory requirements should not be an option but should the common course for the entire stakeholder in the field. In this case, it is important to consider all the aspects of the managements and government policies regarding the management of commercial events and how they should operated. In most countries, corruption and personal interest have been a major threat to well being of commercial events. Foe example some organizers do not care about how the events will turn out. Thus they end using the finances for other activities which are contrary to what had been planned for the expansion and maintenance of the field. This it is important for such organizations to ensure that they plan in advance for all the preparations in place for the activities which should be made. Occasionally when such disasters occurs, blame game sets in where the government blames the organizers while the organizers lays their blame on the security (Daniel 65). For example when a disaster occurs in most stadiums the government ends up banning such stadiums without providing long term solutions. They end up making minor improvements instead of carrying out full measures to ensure that such cases will never occur again. Therefore it is critical for such officials to regard the safety of the fans and ensure that the ground is improved. Cases such as frauds by the officials, lack of proper management of contracts leading to disputes before the contract ends, increased and unruly competition from within the organization. This leads to litigation within such organization where several law suits are filed with the aim of withdrawing the current. Such practices only leads to underperformances of such activities as the official do not consider other members to voice their views (Richard, 2003:100). This laws mainly affects the performance of such activities and how they should be performed and by who. Finally, I recommend that legal issues such as the nature of agreements before the contracts, the forms of sponsorship, the agreements during the performances and the liability of the products which guarantees the health and safety as well as the licensing of the operations of such events. Work- Cited Daniel, E. The Scope of Congress’s Power to Regulate Commerce events. Harvard Journal of Law & Public Policy. (2002), 861-62. Leuchtenburg, E. The Supreme Court Reborn: The Constitutional Revolution in the Age of Roosevelt. Oxford University Press. (1996) James, K. Issues effecting commercial activities: New York: Oxford University publishers; (1964) Laurence H. Tribe, American Constitutional Law, § 5–4, at P 309 (2d ed. 1988). Nardo,J. Governing of commercial activities, Green haven Press, , p. 83 (1999) Sally E. D., Sports and games of medieval cultures, Greenwood, 2002, on Google books E. Norman Gardiner: "Athletics in the Ancient World", Courier Dover Publications, 2002, ISBN 0-486-42486-3, p.229 Wilkins, P. An Analysis of Zhan Guo Ce. Beijing: Peking University Press. ISBN 7-301 05101-8, p. 59-82; (2001). William, B.1857, Haddon Library, Faculty of Archaeology and Anthropology, Cambridge) Richard Hakluyt, Voyages in Search of The North-West Passage, University of Adelaide, December 29, 2003 Stephen A (2006) , FitzStephen's Description of London, Commercial activities: London: Macmillan publishers Francis Peabody Magoun, 1929, "Football in Medieval England and Middle-English literature" (The American Historical Review, v. 35, No. 1). 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