Ashford.gov.uk - Distributing Free Literature

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)