GUIDANCE

APPLICATION PACK

DISTRIBUTION OF FREE PRINTED MATTER

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Schedule 3A of the Environmental Protection Act 1990

Application for Consent to Distribute Free Printed Matter

(Please read the accompanying guidance notes before completing)

1. / Applicant Type / Limited Company
/ Sole Trader
/ Partnership
2. / Business Name
3. / Business Address.
4. / Full name and position of person responsible for distribution.
5. / If sole trader, provide full home address.
6. / Daytime Telephone No(s).
7. / Mobile Telephone No(s).
8. / Fax No(s).
9. / Email Address
10. / What type of consent do you require / Daily / Quarterly / Yearly
11. / If Daily please specify which date
11. / How many distribution badges do you require (in addition to the single badge that is automatically issued with consent, if granted). Note: each additional badge will attract a fee of £15.00
12. / Have you received / paid any Fixed Penalty Notices within the last 3 years relating to the distribution of free literature? (tick relevant box) / Yes / No
If yes, please provide details / dates, etc, on a separate piece of paper and attach to application
13. / Have you had any convictions within the last 5 years relating to the distribution of free literature? (tick relevant box) / Yes / No
If yes, please provide details / dates, etc, on a separate piece of paper and attach to application
14. / Please describe in the space below the nature of the material you wish to distribute.
15. / Fees Applicable to Consent
Daily Licence / £60(inc one distribution badge)
Quarterly Licence / £220(inc one distribution badge)
Yearly Licence / £440(inc one distribution badge)
Additional distribution badges / £15.00
Replacement distribution badge / £15.00
16. / DECLARATION
I confirm that I have read and understood the conditions associated with this application.
I undertake to comply with the conditions to any consent granted as a result of this application.
I declare the information on this application for is, to the best of knowledge and belief, accurate and true.
I understand that the submission of false information is a sufficient reason to refuse this application.
Signed …………………………………………………
Date …………………………………………..……….
Position held in company …………………………………………

GUIDANCE

Applications can be made via post, or in person to -

The Licensing Section

Sir Robert Peacock House

Vulcan Street

Oldham

OL1 4LA

Applications must be accompanied by the relevant fee.

Any person(s) / business can apply for consent to distribute free printed matter and if granted consent, that person(s) / business can distribute free printed matter anywhere within the designated area (‘no flyer zone’) and at any time.

Any person(s) / business granted consent is prohibited from distributing free printed matter in front of the entrance to a like-kind business, unless they have written consent to do so from that business.

Each person employed / used to distribute free printed matter must wear, at all times the distribution is taking place, the identification badge specific to the business that is employing / using them.

The person(s) / business granted consent must keep records of the staff issued with identification badges, the details recorded must match those outlined in the conditions attached to any consent.

It is the consent holder’s responsibility to ensure that any discarded free printed matter, relating to the consent holders business is removed from the designated area.

CONDITONS

  1. All persons engaged in the distribution of free printed matter by virtue of this consent must wear the authorisation badge issued by the Council. The authorisation badge must be visible at all times that a distribution is taking place and be produced, on demand, to an authorised officer.
  1. The consent holder must keep a record of the staff used to distribute free printed matter. These records must be completed before a person(s) can distribute free printed matter and they must include the following information:-
  1. name
  2. address
  3. contact number
  4. date of birth
  5. badge number
  6. time started
  7. time finished
  8. date the person(s) was distributing free printed matter

These records must be produced, on demand, to an authorised officer.

  1. Distribution of free printed matter shall not be permitted directly in front of the entrance to a like-kind business, except where that business has given written consent to do so.
  1. An authorised officer may move, from a particular location, a person(s) distributing free printed matter if they deem that an obstruction of the highway is being created.
  1. Free printed material should only be offered to passers-by and they can be invited to take one. Free printed material must not be forced into their hands when they have indicated that they are not interested.
  1. Free printed matter must not be left unattended for the general public to take at their discretion.
  1. When the distribution of free printed matter ceases, the consent holder must ensure that ALL discarded free printed matter relating to the consent holders business is removed from the area defined as the ‘no flyer zone’.
  1. All free printed matter must meet the standards of the Advertising Standards Authority. Marketing communications should contain nothing that is likely to cause serious or widespread offence. For more information please visit
  1. Consent will be revoked if a consent holder is found to be distributing any of the following types of free printed matter: - Racist, sexist or offensive material or literature encouraging criminal behaviour.
  1. The Council need not give consent where it is considered that the proposed distribution of free printed matter is likely to lead to the defacement of the designated area.
  1. The free printed matter must bear the name and address of the consent holder who is responsible for its distribution.
  1. Consent holders should ensure that staff employed in the distribution of free printed matter have not received a fixed penalty charge notice under Section 87/88 of the Environmental Protection Act 1990 (littering) or Schedule 3A of the Environmental Protection Act 1990 (unauthorised distribution of free printed matter). The consent holder may face revocation of their consent if they do not comply with this requirement. Equally, consent shall not be given to a person and / or company that have been subject to prosecution under these sections.
  1. This Consent and any distribution badges issued under it remain the property of Oldham Council and must be returned to the Council if this consent is revoked in pursuance of 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.

Definitions

In this document ‘authorised officers’ means any authorised officer of the Council, any authorised contractor for the Council, Police Officer and / or Police Community Support Officer

‘distribute’ means to give out to, offer or make available to, members of the public and includes placing it on or affixing it to vehicles. But does not include putting it inside a building or letter-box (Schedule 3 Paragraph 1(6) Environmental Protection Act 1990)

Printed matter is ‘free’ if it is distributed without charge to the persons to whom it is distributed (Schedule 3 Paragraph 1(6) Environmental Protection Act 1990)

Appeal

There is a right of appeal by the way of complaint to the Magistrates Court against any of the conditions attached to the consent to distribute free literature. Any person wishing to make such an appeal should write to:-

The Clerk to the Magistrates

OldhamMagistrates Court

St Domingo Place

West Street

Oldham

OL1 1QE

NO FLYER ZONE