Distributing Free Literature
We have adopted Government legislation to enable us to
control the distribution of flyers, leaflets and other printed
materials in a bid to curb litter.
These types of materials often end up thrown
away as litter, which not only harms the environment but places
added pressure on council street cleansing services.
Under the terms of the new order
it is a criminal offence to hand out free literature in
certain areas of Ashford and Tenterden town centres without a
license from Ashford Borough Council, starting 1 January, 2008.
Breaking the order could result in a £75 fixed penalty notice or
a maximum fine of £2,500 if the case goes to court. Officers would
also be empowered to seize the literature.
As well as reducing litter the order seeks to regulate the
distribution of free printed materials. Anyone wishing to
distribute is required to apply to Ashford Borough Council for
a permit. Authorised distributors would be required to display the
permit, take responsibility for ensuring any discarded literature
is removed and will not be allowed to distribute matter that
encourages illegal or irresponsible behaviour or advertise illegal
activities.
Legislation
The controls are derived from Section 94B and Schedule 3A of the
Environmental Protection Act 1990, which were inserted by Section
23 of the Clean Neighbourhoods and Environment Act 2005. The
Distribution of Free Printed Matter Control Order 2007 makes parts
of Ashford & Tenterden town centres designated land.
Designated Areas
The maps below show the areas in Ashford and Tenterden town
centres that are subject to the controls. Please click the
images to open larger versions.
.
Definitions
To "distribute" printed matter means to give it out to, or offer
or make it available to, members of the public. This includes
placing it on or affixing it to vehicles (The Council does not
permit literature to be placed on vehicles within the Controlled
area and Fixed Penalty Notices will be issued to those who do so),
but it does not include putting it inside a building or
letterbox.
Printed matter is "free" if it is distributed without charge to
the persons to whom it is distributed.
An “authorised officer” means any officer employed by Ashford
Borough Council to carry out statutory functions under the Clean
Neighbourhoods and Environment Act 2005.
“Police Constable” includes a Police Community Support Officer
(PCSO).
Exemptions
The distribution of free printed matter by or on behalf of a
charity where the printed matter relates to or is intended for the
benefit of the charity are exempt from the controls. A charity has
the same meaning as in the Charities Act 2006. The distribution of
free printed matter for political purposes, or for the purposes of
a religion or belief, are also exempt from the controls. The
organisation should apply for consent but there will be no
charge for this. We would encourage organisations
seeking to distribute matter under these exemptions to contact us
in advance. In this way, we can confirm your exemption status
and issue you a permit free of any charge. We
do ask that printed matter is still distributed responsibly and any
material that is discarded, is
collected.
Offences
A person commits an offence if they distribute free printed
matter without the consent of the council on any designated land,
knowing that the land was so designated. A person also commits an
offence if he causes another person to distribute free printed
matter without consent on any designated land.
Penalties
The maximum penalty upon summary conviction for these offences
is £2,500. As an alternative to prosecution, an authorised officer
may, at their discretion, issue a fixed penalty notice set at £75.
An authorised officer is also empowered to seize all of the free
printed matter. This power of seizure extends to police constables
(including PCSO's) where arrangements have been made with the
authority.
Apply for a Permit
To apply you must complete the Application for a
Permit to Distribute Free Printed Matter 34.4Kb PDF and return
it with the appropriate fee.
The basic application fee is £25, and allows one person to
distribute free printed matter between 8am and 5pm (nine hours) on
a day or days to be specified (up to a maximum of seven consecutive
days). The following optional premiums also apply:
- Each additional distributor: £5
- Each distributor deployed prior to 8am or after 5pm, £15 per
day
General Conditions of Consent
- Every distributor shall clearly wear their
authorisation permit (issued by the Council) whilst distributing
printed matter. The permit will bear the consent number and the
name, address and telephone number of the consent holder.
- All authorisation permits will remain the
property of the Council and must be returned within seven days of
the expiry of the consent.
- A distributor shall, upon demand, produce
their authorisation permit, to be read by an authorised officer or
police constable.
- A distributor shall, upon demand, furnish
their name, address and date of birth to an authorised officer or
police constable.
- No free printed matter shall be left
unattended by any distributor or the consent holder at any
time.
- The consent holder shall ensure that any free
printed matter that is discarded within 50 metres of a
distributor is removed and re-used or recycled.
- The free printed matter shall bear the name
and address of the consent holder unless the Council has agreed
otherwise.
- Applications for consent must be made not
less than fourteen days before the required date of
distribution.
- Applications for consent must be accompanied
by the necessary fee.
- Free printed matter shall not encourage
illegal or irresponsible behaviour nor advertise illegal events or
activities.
- A distributor or consent holder shall, upon
request by an authorised officer, remove any discarded free printed
matter and re-use or recycled it.
- No printed matter to be placed or left on any motor
vehicle
Refusal to Grant Consent
The Council may refuse to grant consent, if:
- The Council is not satisfied that any of the
above conditions can be met.
- The Council considers that granting consent
would be likely to lead to the defacement by litter of designated
land.
- If an applicant or proposed distributor has
previously been issued with a fixed penalty notice for, or has been
convicted of, distributing free printed matter without consent in
the previous five years.
Revocation of Consent
The Council may revoke consent if:
- in the opinion of an authorised officer, the
conditions of the consent are not being complied with.
- the consent holder or distributor is issued
with a fixed penalty notice for, or has been convicted of,
distributing free printed matter without consent.
Appeal
Any person aggrieved by the following decisions of the Council
may appeal against that decision to Ashford Magistrates' Court:
- Refuse to grant consent.
- Impose any limitation or condition subject to
which consent is given
- Revoke a consent (or to revoke it to any
extent),
Ashford Magistrates' Court may:
- Uphold any refusal to grant consent or
require the authority to grant consent (without limitation or
condition or subject to any limitation or condition)
- Require the authority to revoke or vary any
condition
- Uphold or quash revocation of consent (or
uphold or quash revocation to any extent)
Contact Details
Environmental Services
Ashford Borough Council
Civic Centre
Tannery Lane
Ashford TN23 1PL
Telephone: 01233 330520
Email streetcleansing@ashford.gov.uk
This webpage was updated on
12/7/2009