Big Freeze Hits Football

It’s nothing like the cold weather events of 1946-7 or 1962-3, but freezing weather in Britain has already had its effect on football. Fixture congestion looms and there are concerns about the possible effect on England’s World Cup preparations if the cold weather persists. However, there are also substantial financial implications, particularly for lower league clubs where, as in all smaller businesses, cash flow is king and gate money is a big source of it. League rules also require the home club to pay a visiting club’s travel expenses when a game is postponed or abandoned.

It’s nothing like the cold weather events of 1946-7 or 1962-3, but freezing weather in Britain has already had its effect on football. Fixture congestion looms and there are concerns about the possible effect on England’s World Cup preparations if the cold weather persists. However, there are also substantial financial implications, particularly for lower league clubs where, as in all smaller businesses, cash flow is king and gate money is a big source of it. League rules also require the home club to pay a visiting club’s travel expenses when a game is postponed or abandoned. Although there is no suggestion that they have financial problems, Rotherham United have not played since December 12th. They were expecting some good crowds for their games over Christmas and their hospitality packages were sold out.

Next season it will be compulsory for Football League clubs to either have undersoil heating or a pitch cover. At present there are about 15 clubs who have neither. However, the pitch can be playable, but a match can still be postponed because of health and safety concerns arising from the condition of roads and pavements around a ground. The postponement of Arsenal’s game against Bolton, after some away fans had made the journey, was also influenced by the fact that early closure of nearby tube stations could make it hard to get 60,000 fans home. Arsenal manager Arsene Wenger reflected, ‘We live in a society today of 100 per cent security. We don’t accept any risk. If one of 60,000 has an accident, you feel very guilty. Nobody accepts that the slightest insecurity exists in our society. We have gone from individual initiative to collective responsibility.’

However, it is not just a question of attitudes, but also of vulnerability to litigation and in particular what your public liability insurance will and will not cover. Rob Elvin, the head of the safety, health and environment group at law firm Hammonds explained to The Times, ‘A football club has duties, like any other company, to not expose employees or members of the public to health and safety risks. If you know people’s journeys are going to be treacherous, then arguably the match would be the cause of any accidents. You’re creating greater risk by putting the match on. Clubs could leave themselves exposed to criminal proceedings if they fail to act on the advice if they fail to act on the advice of police and local authorities … there is an argument in health and safety law that failing to cancel the match carries an exposire to risk and is a breach of the law. The clubs will be insured against personal injuries to a certain level but you can’t be insured against criminal cases.’

A club could play behind closed doors, but that would involve a considerable loss of revenue and would annoy fans. Attitudes to risk clearly differ across society and no doubt many fans would say that they are prepared to take a risk with icy pavements, but that does not absolve a club of its legal responsibilities. It’s not really practical to get fans to sign an individual indemnity and that might not stand up in law. I’m going off to the ice hockey now: there we want the pitch to be frozen.