Torbay Council

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Leaflet Distribution Licence


Late night litter in the areas of Torquay town centre and harbour side is a historic problem and in an effort to tackle the significant level of litter generated as a direct result of the distribution of promotional flyers, the council is now making use of powers within the Clean Neighbourhoods and Environment Act 2005.
In May 2009, Torbay Council used powers in accordance with the Environmental Protection Act 1990 as amended by the Clean Neighbourhoods and Environment Act 2005, to introduce a Distribution of Free Printed Matter, Torquay Town Centre and Harbourside (Various Highways and Council Car Parks) Designation Order 2009.
In simple terms, this means that anyone wishing to distribute free printed matter (such as promotional leaflets or flyers) in a specific area within Torquay must apply for formal consent from the Council. Consent to distribute leaflets is granted on successful application. All consents granted contain conditions which are imposed to protect the environment from becoming defaced by litter from free printed matter.
The highways covered by the Order relate only to Torquay and are: Fleet Street, Strand, Vaughan Parade, Victoria Parade, Torwood Street and Union Street (from its junction with Factory Row and Castle Circus along its length to the GPO roundabout abutting Pimlico, Madrepore Road, Fleet Street, Rock Road and Abbey Road). Council car parks covered by the Order are: Town Hall, Lower Union Lane and The Terrace (also known as The Harbour Car Park).
It is important to note that the free distribution of printed matter is prohibited in all Torbay Council owned car parks in accordance with the Borough of Torbay (Off Street Parking Places) Order 2008. If consent is granted by the Council in accordance with the Distribution of Free Printed Matter, Torquay Town Centre and Harbourside (Various Highways and Council Car Parks) Designation Order 2009, a standard condition will be imposed which states that no free printed matter is to be left unattended, which applies to car parks.
Where printed matter such as promotional leaflets are affixed to vehicles in Torbay outside of a council owned car park, the Council may investigate cases in accordance with Section 87 (Offence of Leaving Litter) of the Environmental Protection Act 1990. A person convicted of this offence could be liable to a fine of up to level 4 (currently £2,500).
If you are considering running an event (e.g. setting up stalls, use of vehicles, actors, costumes, video screens etc.) or wish to distribute free samples or products in Torquay Town Centre then you must contact Torbay Council via email at towndiary@torbay.gov.uk as you may need permission to do so. This is in addition to any application to distribute free printed matter.
There are exceptions in the law for distribution activities and these include distributions for religious or political purposes, and where distribution is used to promote charities.

Licence Information

Do I need a licence?

If you wish to distribute free printed matter in the area of the above named Order, you must have formal written consent from Torbay Council. Anyone found to be distributing free printed matter within the area of the Order without consent and contrary to the exceptions, commits an offence punishable by a fine of up to level 4 (currently £2,500). It is also an offence to commission or pay for the distribution of free printed matter in a designated area without consent.

Types of Licences

Torbay Council currently issues consent to distribute free printed matter on an annual basis or a ‘single distribution event’ basis.

How long is the licence valid for?

An annual consent provided will be valid until 31 March 2013. Applications to start from 1 April 2012 will be valid until 31 March 2013.
A single distribution event consent will permit the distribution of free printed matter within the area of the Torquay Designation Order for a limited period (i.e. between 1 and 7 days).

Outline of Licence Process

Anyone wishing to distribute printed matter in the area covered by the Designation Order in Torbay will need to apply to the council. The council may choose to grant consent without limitation, or impose limitations by reference to:
Conditions may also be imposed to protect the designated land from defacement and to enable the effective operation and enforcement of the Designation Order. The council can revoke consent at any time if the person to whom it was given has failed to comply with any of the conditions. Consent can also be revoked if the person to whom it was given receives a Fixed Penalty Notice or a conviction for an offence associated with the free distribution of printed matter. The council can refuse consent to any applicant where it considers that the proposed distribution would in all the circumstances be likely to lead to defacement of the designated land.

Applications

A completed consent application form must be submitted to the council’s Safety and Licensing Team at least 14 days prior to the start date of a distribution activity. For assistance with completing an application form please contact Safety and Licensing.

Fees

For the financial year 2012/2013 a fixed non-refundable fee of £93 will be charged for each consent granted. This fee is applicable to both single event, and annual consents. An annual consent provided for 2012/13 will be valid until 31 March 2013. In the event of a consent being revoked, any fees paid by the applicant will not be refunded.

What Happens Next?

How long will it take to process my Licence?

A completed application form and accompanying fee must be submitted at least 14 days prior to the start date of a distribution activity. If application forms are not completed correctly, they will be returned.

How will I receive my Licence?

If granted by the council, you will receive your consent by post, along with Distributor badges which must be worn by those tasked with distributing free printed matter.

How often will I need to renew my Licence?

It is important to renew in time so that there is no time elapsed between the expiry of a consent and the start of the next.

Contact details for any queries I may have?

Please contact Safety and Licensing on 01803 208025 or via licensing@torbay.gov.uk.

How will you contact me?

When you apply for consent to distribute free printed matter, you will be asked to provide appropriate contact details such as address for correspondence, business telephone number, mobile telephone number and an email address. We will use one or more of these methods to contact you as appropriate.

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