Leaflet distribution licence conditions
Consent to distribute free printed literature
The Environmental Protection Act 1990 Section 94B/Schedule 3A does not apply and consent under this legislation is not required for the distribution of free printed matter relating to:
- By or on behalf of a charity within the meaning of the Charities Act 1993, where the free printed matter relates to or is intended for the benefit of the charity.
- Where the distribution is for political purposes or for the purposes of a religion or belief.
- By a person who distributes the free printed matter by delivering it into a building or letter-box.
Standard conditions of consent
Please note that appropriate additional conditions may be imposed having regard to the nature of the material to be distributed, and the times and places where that distribution may take place.
- All persons engaged in the distribution of free printed material by virtue of this consent must wear a clearly visible authorisation badge issued by the Council, bearing the relevant consent number and the name and address of the consent holder. The authorisation badge must be visible at all times that a distribution is taking place and produced on demand to an authorised officer of the Council, Police Officer or Community Support Officer.
- Applicants granted consent will be given one permit to be used by whoever the consent holder wishes to distribute free printed matter (“the Distributor”) for the period and in the areas that the consent has been granted for. This consent is not transferable and authorisation badges are not interchangeable between consent holders. If the applicant wishes to use more than one person at any one time to distribute free printed matter they will need to make sure additional permits are obtained for each additional distributor required.
- Mobile distribution of printed literature by a Public Body or Public Service (e.g. Local Authority, Police, Fire Service etc.) for public information will not be subject to the need to apply for formal consent, but the distributor will need notify the City Council and will be expected to comply with the standard Consent Conditions 10, 11, 13, 14, 15, 16, 17 and 18. However, if any distribution is taking place in connection with a space hire or agreement through Derby Live please note the following paragraphs 4 and 5.
- If you are holding an event in the City Centre, and have booked a space hire with Derby Live, including having a stall or trailer and intend to make free printed literature available, consent to distribute free printed matter is included within your space hire fee. You will not be issued a separate permit or badge but you will be required to comply with standard conditions of consent 4, 5, 7, 8, 10, 11, 12, 14, 15, 16, 17, 18, 19, 20, 22.
- Mobile distributors not covered by the exemptions for charitable, religious/belief or political purposes or not covered by items 3 and 4 above will be required to apply for a permit and comply with all conditions.
- It is the consent holders responsibility to make sure that distributors are aware of the conditions of the consent and for ensuring that the conditions are complied with.
- Consent holders and their distributors must not obstruct, intimidate or threaten any officer whilst they are enforcing the scheme.
- The consent holder is permitted to promote the name(s) and/or venue(s) specified in the consent permit. The specified name(s)/venue(s) will be printed on the consent and every badge requested.
- The free printed matter must bear the contact details of the company or venue that is being promoted.
- Restrictions may be made regarding the number of distributors to be allowed in a particular area at a particular time. If this applies the applicant will be made aware of this.
- It is the responsibility of the consent holder to maintain a record of who has been given the badge enabling the distribution of free printed matter. The record shall be made available forthwith for inspection by authorised officers of the Council or a Police Officer/Community Support Officer on request at all reasonable times.
- Free printed material must only be distributed in a safe location that does not occur on any days or times other than those specified in the consent.
- Free printed material must only be distributed in a safe location that does not cause obstruction or inconvenience to pedestrians, road users or businesses nearby.
- No free literature shall be placed on parked vehicles, attached to parked vehicles or fixed to parked vehicles.
- The distribution of stickers and other self adhesive printed material is not permitted on designated land. Note: this condition currently only applies to entertainment venues.
- No free printed matter shall be left unattended by the distributor for the general public to take at their discretion.
- If an authorised officer of the City Council or a Police Officer/Police Community Support Officer requests the distributor to pick up discarded literature, the distributor shall do so immediately, providing that it is safe to do so.
- Any litter within 50 metres of the distribution point which has occurred from discarded free material that has been distributed by the consent holder/consent holders distributors shall be cleared forthwith by the consent holder/consent holders distributors.
- A distributor moving from point to point whilst distributing free printed matter will still have responsibility to collect discarded free printed matter within a radius of 50 metres of all points where the distribution took place.
- If an authorised officer of the Council considers the area requires clearing of discarded printed material by the consent holder/distributor, his/her assessment and any subsequent request will be considered definitive at the time. Challenges to that assessment will only be accepted through the formal appeal process.
- All free printed material must meet the standards of the Advertising Standards Authority. Marketing communications should contain nothing that is likely to cause serious or widespread offence. Particular care should be taken to avoid causing offence on the grounds of race, religion, sex, sexual orientation, age or disability. Compliance will be judged on the context, medium, audience, product and prevailing standards of decency. Free printed matter must be appropriate to be read by the general public and in particular:- a) Material must not be of a racist nature. b) No obscene words, use of bad language or images of a sexual nature or any other device, image or word likely to cause offence will be acceptable. c) Material cannot be used that condones or encourages antisocial behaviour or refers to getting drunk in a positive way.
- Any breach of the consent conditions may result in enforcement action being taken under the provisions of the relevant legislation which may include the issuing of a fixed penalty notice, prosecution, varying the consent conditions or revocation of the consent.
- This consent and any distribution badges issued under it remain the property of Derby City Council and must be returned to the Council if the consent is revoked in accordance with Paragraph 3(7) of Schedule 3A of the Environmental Protection Act 1990, or if the Council decide to vary or revoke any of the conditions of this consent by virtue of Paragraph 3(8) of that Schedule.
- If any conditions of the consent are breached the consent may be varied, limited or revoked by Derby City Council.