Introduction

Schedule 3A to the Environmental Protection Act 1990 enables the City Council to designate highways and council owned land where the distribution of free printed matter is permitted only with the prior consent of the Council.

The purpose of this legislation is to help control the litter problem created by the distribution of free printed matter which is often quickly discarded by persons to whom it is given.

For the purposes of the Act, “free printed matter” includes any newspaper, document, card, leaflet, pamphlet, sticker or other literature for which no charge is made to the recipient.

“Distribute” means give it to or to offer or make available, and includes placing or affixing free literature to vehicles. It does not include putting it inside a building or letterbox.

The legislation does not apply to the distribution of free literature

• by or on behalf of a charity within the meaning of the Charities Act 1993 where that literature relates to or is for the benefit of that charity.
• where the distribution is for political purposes
• by a person who distributes the literature by delivering it into a building or letterbox
• where the distribution is for the purposes of a religion or belief.

Designated Streets and Places

The City Council has designated the land and highways listed in the link below where the prior consent of the Council is required for the distribution of “free printed matter”. If free literature is to be distributed in a street or place not in the list then no consent is required.

Designated Streets

Distribution of Free Literature Application Form

Distribution of Free Literature Guidance Notes

Please note that the City Council will not grant a consent to distribute free printed matter in any Council maintained off-street car park.

Application for Consent to Distribute Free Printed Matter 

Please apply on the prescribed application form. The Council must receive the form not less than seven days before the required date for the distribution of the free printed matter.

Applications should be made to
The Licensing Section
Public Health and Environmental Protection Division
Regeneration Directorate
Newington Road East
Newcastle upon Tyne
NE6 5BD

Consents will normally be granted for up to a 12 month period expiring on 30th June each year.

When making an application you must specify the streets where you wish to distribute the free printed matter and the date you wish to start distributing the free literature.

The consent is subject to payment of a fee which is based on the number of persons to be used to distribute the free literature at any one time. eg. an organisation may have 20 people available to distribute free printed matter, but may only use a maximum of 10 of those distributors at any one time. The fee in that case will be 10 x the prescribed amount detailed on the application form.

The fee must accompany the application form. Cheques should be made payable to “Newcastle City Council”

Consents will be subject to conditions which may restrict the time or places where free printed matter may be distributed. All consents will also be subject to the following standard conditions.

• All staff engaged in the distribution of free printed matter shall wear an authorisation badge issued by the City Council bearing the number of the consent and showing the name and address of the consent holder so that it is clearly visible.
• The above authorisation shall be produced on demand to an authorised officer of the Council or a Police Constable.
• No free printed matter shall be left unattended by staff for the general public to take at their discretion.
• All places in which free printed matter has been distributed are to be cleansed forthwith by the consent holder to a radius of 50 metres from the distribution point of any litter caused by the distribution of the said literature.
• The free printed matter must bear the name and address of the consent holder who is responsible for its distribution.
• Applications for consent must be made not less than seven days before the required date for the distribution of free printed matter.
• Consents will be subject to the payment of a fee based on the number of distributors per application.

There is a right of appeal to the Magistrates Court against the refusal to issue a consent, against any conditions attached to a consent or the revocation of a consent.

Offences
It is an offence to distribute free printed matteror cause the distribution of free printed matter in any designated street or place without a consent from the City Council to do so. Offenders are liable on summary conviction to a fine not exceeding level 4 on the standard scale. (Currently £2,500)

An authorised council officer may seize any free printed matter from a person found distributing it in a designated place without the consent of the Council.

Enquiries
Enquiries about an application for consent to distribute free literature should be made to the Licensing Section.
Phone: 0191 278 3863
Enquiries about the law controlling the distribution of free printed matter, conditions attached to consents should be made to the Street Enforcement Section.
Phone: 211 6199.

For more information on any of the above please contact the Licensing Office, Newington Road East.
Phone: 0191 278 3863.