As part of its Christmas preparations Nottingham City Council is having another clampdown on leafleting in a number of areas in Nottingham. But it is not universal.
You're not nicked
Under the Clean Neighbourhoods and Environment Act the City Council can designate land and places where the distribution of free printed matter, including leaflets, newspapers and pamphlets, is prohibited without the prior consent of the City Council.
The Council has decided to apply the regulations to Nottingham City Centre, the shopping area on Southchurch Drive in Clifton, Radford Road shopping area, The Forest Recreation Ground up to the end of the shops on Mansfield Road and Bulwell Town Centre. Anyone wishing to distribute any free matter within these areas must obtain the prior consent of Nottingham City Council. Anybody caught distributing without the correct consent will be issued with a fixed penalty fine of £75 or prosecuted.
The law will be enforced by Plain-clothes officers from Nottingham City Council, Community Protection Officers and Nottinghamshire Police who will carry out regular spot checks including during the night.
However it is important for Notts Indymedia readers to be aware that his does not apply when the distribution is for political purposes.
It is recommended that anybody intended to leaflet for political purposes prints off and carries with them the appropriate page form the Council website. You should not assume that those who may try and nick you for it will be aware of the law. This may be especially true of so called Community Protection Officers who do not have a very good track record of legal knowledge.
The link to the Council information is here: -
http://tinyurl.com/6gwmof
The Council has decided to apply the regulations to Nottingham City Centre, the shopping area on Southchurch Drive in Clifton, Radford Road shopping area, The Forest Recreation Ground up to the end of the shops on Mansfield Road and Bulwell Town Centre. Anyone wishing to distribute any free matter within these areas must obtain the prior consent of Nottingham City Council. Anybody caught distributing without the correct consent will be issued with a fixed penalty fine of £75 or prosecuted.
The law will be enforced by Plain-clothes officers from Nottingham City Council, Community Protection Officers and Nottinghamshire Police who will carry out regular spot checks including during the night.
However it is important for Notts Indymedia readers to be aware that his does not apply when the distribution is for political purposes.
It is recommended that anybody intended to leaflet for political purposes prints off and carries with them the appropriate page form the Council website. You should not assume that those who may try and nick you for it will be aware of the law. This may be especially true of so called Community Protection Officers who do not have a very good track record of legal knowledge.
The link to the Council information is here: -
http://tinyurl.com/6gwmof
We have trodden these boards, before.
13.11.2008 13:31
The original posting is at:
2006 Nottingham Clean Neighbourhoods and Environment Act 2005 :: Some Correspondence
Please read that, and the comments below it.
For convenience, I paste it here again. But the main para of interest clearly states:
"This does not apply to material distributed by or on behalf of a charity or when the distribution is for political purposes or for the purposes of religion or a belief, or delivering items to properties letter boxes."
[NB: "distribution is for political purposes" NOT JUST by political parties]
Some Correspondence on the issue : Don't panic, all OK
07.10.2006 12:58
Some Correspondence on the issue
>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>
The Evening Post ran a piece titled: "GROUND RULES TO STAMP OUT LITTER"
I had read this and the original council announcement and notice the move had created a fair amount of disquiet amongst people concerned about environment, politics and social issues etc
You will note [below] that I had written to Barrie James in the Public Health Dept of the Council to seek clarification about the exceptions the law allows for. He now confirms these.
It is a shame that these had not be advertised. The concerns a few of us have, is that in the absence of such information, wardens and council officers of various sorts would be under-informed that to give someone a leaflet, outlining a political concern, could still result in action / arrest. Obvious examples of the NAIL incinerator campaign, asylum issues, Sharphill Woods development etc etc could all fall foul of these directions.
Personally, I think the direction is proper in view of the amount of waste and commercial literature that is generated by clubs and shops etc. and is in line with the aims of 'Agenda 21'
However, I do hope that the omission of any mention of the distribution of literature of a political nature, by the council, might not have been done delierately. Thus to enable the council to use these orders as a tool to diminish political dissent on issues the local authorities might have found inconvenient, viz: the incinerator. But they wouldn't do that, would they?
This is the question and reply I had made of Barrie James in the Public Health Dept of the Council
>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>
Dear Mr Lodge
Thank you for your e-mail reaging the distribution of free printed matter.
The legislation came in to force on the 26th Sept and I am not certain where the date 16th Oct came from. What I did say was that we would spend the first couple of weeks making sure that distributors were aware of the need for a permit. After that time we will expect applications to have been made and if not then enforcement action could commence.
You are correct in your belief that there are exemtions and they are the ones you list in your e-mail. In terms of political purposes the Sec of State has suggested a wide interpretation be made and that the intention is not to inhibit thye right of freedom of expression and freedom of thought, conscience enshrined in the European Convention of Human Rights.
I hope this is of help but please do not hesitate to contact me if any further information is required.
REgards
Barrie James
> -----Original Message-----
> From: alan lodge [mailto:
> Sent: 05 October 2006 14:45
> To:
> Subject: Clean Neighbourhoods and Environment Act 2005 seeking clarification.
>
> Barrie James - Service Manager
> Public Health
> Lawrence House
> Talbot Street
> Nottingham
> NG1 5NT
>
>
>
> RE: Clean Neighbourhoods and Environment Act 2005
>
> Dear Mr Barrie James
>
> From your announcement at:
>
> Nottingham City Council Announcement :: Warning to distributors
>
>
> and today's article in the Nottingham Evening Post I note these regulation are to be in force from the 16 October 2006.
>
> I understand that there is much concern about litter created from such commercial activities.
This of course results in increased amounts of rubbish for disposal and clearly provision is made to attempt to deal with this.
>
> However on reading the act, I notice that there are some exceptions, that are not referred to in your announcement, or indeed, any report I have so far read.
>
> Having looked at the act, I note that there is an exemption under sect 23 (4a)(4b) Schedule 3A, where the distribution is for charitable and political purposes.
>
>
>
> >>>>>
>
> Free distribution of printed matter
>
> 23 "SCHEDULE 3A
>
> FREE DISTRIBUTION OF PRINTED MATTER ON DESIGNATED LAND
> Offence of unauthorised distribution
>
>
> (4) Nothing in this paragraph applies to the distribution of printed matter-
>
> (a) by or on behalf of a charity within the meaning of the Charities Act 1993, where the
printed matter relates to or is intended for the benefit of
> the charity;
> (b) where the distribution is for political purposes or for the purposes of a religion or belief.
>
> >>>>>>
>
> I would appreciate your views if I have this right, or, if there are other issues I have failed to grasp.
>
> In sum, within your designated area under the 'Clean Neighbourhoods and Environment Act 2005', are there exceptions for charitable and political purposes, for the distribution of printed material.
>
> I am grateful for any help with this matter.
>
> Regards
>
> Alan Lodge
>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>
So, does that 'do it?'
____________________________________________
ALAN LODGE
Photographer - Media: One Eye on the Road. Nottingham. UK
Email:
Web:
Member of the National Union of Journalists [No: 014345]
____________________________________________
"It is not enough to curse the darkness.
It is also necessary to light a lamp!!"
___________________________________________
Tash [alan lodge]
e-mail:
tash@indymedia.org