Flyer consents and badges

1.0 Introduction

1.1 The Clean Neighbourhoods & Environment Act 2005 enables the council to designate land upon which the distribution of free printed material or matter is illegal without the consent of the council.     

1.2 The purpose of this scheme is to help control litter problems caused by the distributors of free printed matter which is often discarded by persons to whom it is given.     

2.0 Definitions

2.1 To "distribute" printed matter means to give it out, to offer or to make available to, members of the public. This includes the placing or affixing matter to any place, person or structure. It does not include distributing material inside a building or posting it through a letter-box.     

This consent scheme does not support or allow the distribution of stickers under any circumstances. This includes self adhesive, gummed or glued materials. If people are found distributing such materials, they will be treated as distributing without consent. This will result in prosecution or a fixed penalty notice.     

In addition, all consent badges for that company will be immediately revoked if a consent holder or their representatives are found to be distributing stickers. Please note that these conditions are introduced to prevent the designated areas of Leeds being blighted by litter and stickers. It is hoped that, if companies insist on the use any form of sticker, that they do so only inside their premises and that they will exercise full control and clean up any of these stickers found outside their premises.     

2.2 Printed matter is "free" if it is distributed without charge to the persons to whom it is distributed.     

2.3 Land designated must consist of relevant land of the authority; all or part of any relevant highway for which the authority is responsible; or both.     

2.4 Printed matter includes any materials produced for distribution which have been subject to a printing process, and includes flyers, self adhesive stickers (please read Appendix 2.1 second paragraph), leaflets, cards, papers, containers and any similar items.     

3.0 The Land to be Designated.

3.1 Appendix 4 provides a written description of the designated land upon which it is an offence to distribute free printed matter without consent. Roads used as boundaries shall have the entire highway included within the land - a map outlines this area.     

4.0 General Consents and Costs

4.1 Consents will be granted subject to conditions. Appendix 1 contains detailed consent conditions to be applied and these must be adhered to by all consent holders and their authorized representatives.     

4.2 Annual consent will run from the start date applied for until the corresponding date the following year. Monthly consents are also available. Appendix 2 contains proposed application fees.     

4.3 An applicant will be able to apply for as many authorisation badges as they need, but each person distributing at any one time will need to possess and wear a valid authorisation badge at all times.     

4.4 An applicant may apply for further badges during the consent period, but, if a badge has been revoked, that applicant can not apply for any further badges during that consent period.     

4.5 If an original consent holder has badges revoked, and investigations suggest that he or she attempts to replace them by using a “nominee”, consideration will be taken to revoking all badges held by that consent holder and the nominee.     

4.6 Applicants must apply from a Leeds based address, or provide a statement detailing how the applicant proposes to ensure that there is local management and accountability to prevent litter occurring as a result of flyering and to remove litter should it occur.     

4.7 Payment must be made with the application. Should the payment fail (eg bounced cheque) after the consent has been issued, the consent will be deemed to be automatically revoked electronic card payments can only be taken from the consent holder.     

5.0 City Centre Event Spaces

5.1 Currently there are event spaces within the city centre which are available for hire. Appendix 3 details the extent of the areas defined as event spaces. No promotion activity can be carried out in these areas without a city centre event space consent. The event space consents will include the ability to flyer within the overall event space in accordance with the general conditions referred to in this report. The event space application fee will include the cost of distribution of free printed matter consent. The existing event spaces are available for hire Monday - Sunday 8am - 6pm. An event space consent will enable any number of people associated with that promotion to be engaged in flyering activity within that event space.     

5.2 Should a person hire an event space, but also wish to flyer outside of this area, they must be in possession of an annual consent to freely distribute printed matter on designated land.     

6.0 Guidance on Sensible Alcohol Promotions

6.1 Where a person is responsible for an on-trade premises, such as a pub, nightclub, hotel or bar, or if they run a members club then the following condition will apply (Schedule 4 of the Policing and Crime Act 2009 amends the Licensing Act 2003). Leeds City Council will use the following guidelines when determining whether an alcohol promotion is responsible or not:     

The new mandatory condition prevents:     

• drinking games ie any form of speed drinking game
• large quantities of alcohol for free or at a fixed or discounted price such as:
• “drink for free”
• "half price drinks for under 25s”
• “discount nights for students”
• “cheap drinks for fans of a specific sporting team”

Some premises offer entry for a fixed price and then give unlimited drinks for no extra cost, or set a very high limit on the number of drinks that you can have included in that entry fee. Therefore, the new condition prevents promotions such as:     

• “all you can drink for £10”
• “pay £5 entry and then drink up to 12 shots”
• “10 pints for £10”
• “pay your entry fee then drink for free until 10pm”

Prizes and rewards:     

• You will no longer be allowed to run promotions that make a customer drink a certain amount of alcohol in order to get a prize or reward (including free alcohol) inside a time limit of less than 24 hours.
• This means that promotions like “drink 4 pints get the 5th for free” or “drink 5 bottles of cider and win a free gift” cannot be run anymore.

Sporting events:     

• You will no longer be allowed to run promotions based on things happening during a sporting event being watched on your premises, such as:
• “half price drinks when England scores a goal”
• “free drinks if your team wins”

From 1 October 2010 the following mandatory condition under the Licensing Act 2003 came into force requiring licensed premises to make the following measures available for customers to buy:     

• Beer and cider: half pint
• Gin, rum, vodka and whisky: 25ml or 35ml
• Still wine in a glass: 125ml

Note: This does not prevent licensed premises from serving larger sizes, such as 250ml wine, pints or doubles, although all measures offered must comply with the relevant weights and measures legislation. A failure to comply with any of these conditions is a criminal offence punishable by a fine of up to £20,000 or up to six months imprisonment or both.     

Appendix 1 – Consent Conditions

All consents will be subject to the following conditions. Consents may also be subject to specific conditions based upon the application details.     

The consent holder remains fully responsible for the behavior and safety of the distributors whilst distributing materials or whilst removing litter.     

1. All staff engaged in the distribution of free printed material must wear an authorisation badge issued by the council at all times. The badge will bear the number of the authorisation and show the name and contact telephone number of the consent holder. The badge must be in date at the time the person is found to be distributing. All staff engaged in the distribution of free printed material shall wear the authorisation badge using a highly visible lanyard and the badge must be displayed at all times and not hidden under clothing or goods. A breach of this condition will result in a final written warning being made applicable to all badges held by the consent holder.     

2. The authorisation badge shall be produced for inspection on demand to any authorised officer of the council or other relevant agency.     

3. Authorisation badges are not interchangeable between consent holders and all distributors using them must be directly employed by the consent holder.     

4. The consent holder must maintain, and make available for inspection upon request, a log/database of the name and addresses of all distributors used, together with their date of birth and National Insurance numbers. The log should record where and when the distributors were operating, materials being offered and the authorisation badge being used.     

5. Applicants must apply from a Leeds based address, or provide a statement detailing how the applicant proposes to ensure that there is local management and accountability to prevent litter occurring as a result of the free distribution of printed matter and to remove any resultant litter.     

6. 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 is being distributed must be kept free of discarded printed matter so that the area does not fall below grade B of the Government’s Code of Practice on Litter and Refuse at any time. If an authorised officer of the council considers that the standard has been breached as a consequence of the distribution of free printed matter, his/her assessment will be definitive at the time. Challenges to that assessment will only be accepted through the formal appeal process.     

If an authorised officer requests the consented staff to pick up or remove discarded printed matter, the staff member shall do so immediately. The distributor will stop distribution until the materials on pedestrian areas have been removed and the area restored to grade A within the hour, and materials on trafficked roads restored to grade A within 6 hours.     

7. The council and this consent scheme do not authorise or support the handing out or affixing of free printed self adhesive or gummed material to any person or structures. If a distributor authorised within this scheme is found distributing or affixing self adhesive/gummed material to any person or to any place, the company’s entire consents will immediately be revoked and that person will be deemed as not having consent and liable to legal action as described above. If self adhesive or gummed materials are issued inside a premises but they are then found affixed to any place outside of those premises on any land or property, the company will be required to remove those items within 24 hours. Failure to do so will result in legal action being taken against the company to formally require them to do so and the council’s full costs for investigating, cleaning and removing these items will be sought from the responsible persons/company.     

8. The free printed matter must bear the contact details of the company or venue or event that is being promoted.     

9. Applications for annual consents must be made not less than 7 days before the period of distribution and consent is not granted until the badges are physically with you and being worn by your employees. Please note from time to time there are delays within the postal system and the Council holds no responsibility for late arriving consent badges. Therefore please order your consents with as much notice as possible to avoid disappointment of not being able to distribute for a pre arranged important event.     

Consents will be subject to the payment of a fee to be paid at the time of the application.     

10. No free printed matter shall be placed upon, attached or affixed to parked vehicles or affixed to any persons or structure.     

11. You cannot use materials or signs attached to or near your premises to advertise promotions which condone or encourage anti-social behaviour or refer to binge drinking in any way.     

12. Responsible promotions for alcohol must also carry the drinkaware logo. A free of charge trademark license agreement needs to be obtained from logos@drinkaware.co.uk. Further details on the logo and use of this can be found on the Drinkaware website.     

13. Flyers cannot be issued in city centre event spaces (Briggate, Dortmund Square, Central Square, Albion Place, Bond Court, Chancellor Court, Millennium Square and Victoria Gardens) unless an event space consent is held.     

14. Consent holders or their representatives must not obstruct, intimidate or threaten an officer whilst reasonably enforcing the scheme.     

Appendix 2 – Application Fees

An applicant can apply for as many badges as they need, but each badge will have to be paid for e.g.     

• one badge applied for, the cost is £90
• five badges applied for, the cost is (5 x £90) - 10% = £405

Appendix 3 - Description of City Centre Event Spaces

Briggate: This is the space between the junctions on Briggate with Albion Place/King Edward Street and Commercial Street/Kirkgate the premises which denote the corners are currently occupied by the following stores: The Body Shop/Eye Clinic and Carphone Warehouse/Zara.     

Central Sq: The event space covers the levelled paved area surrounded by seating denoted by the black and red blocks and the red marl blocks. The space is on Lands Lane and falls between the junctions of Commercial Street and Albion Place. The corners of the space are currently occupied by the following stores River Island/La Senza and Clarks/Barratts.     

Dortmund Sq: This is the space which falls between the St Johns Shopping Centre/Mark Lane/Wormald Row and The Headrow. There is a large bronze statue of a man with a beer barrel in the middle of Dortmund Square to help you identify this location.     

Albion Place: The event space is on the section of Albion Place with the 'lay-by' which falls between WHSmith/The Conservatory and La Senza/Carphone Warehouse.     

Albion Street: The event space is just off the street of Albion Place. It starts within the bollards of Austin Reeds and Superdrug and runs the entire length of the street down to the bollards near Next and Starbucks.     

Bond Court: This is the area which covers the Boules Court which falls between Russell Street, Infirmary Street and Park Row.     

Chancellor Court: This is the pedestrian square known as Chancellor Court which falls between Assembly Street/Railway Bridge and The Calls.     

Merrion Gardens: Merrion Gardens of Rest, gated gardens on Merrion Street.     

Event space consents will continue to be issued by City Centre Management for Briggate, Dortmund Square, Central Square, Albion Place, Albion Street, Bond Court and Chancellor Court.     

Learning and Leisure will continue to issue event space consents for Millennium Square and Victoria Gardens.     

Appendix 4

The designated land is encircled by a boundary along the following roads/landmarks:     

• Starting at the junction of New York Road and Marsh Lane.
• SW along Marsh Lane, Crown Point Road to Great Wilson Street.
• W along Great Wilson Street to Neville Street.
• Across and W along Globe Road to Whitehall Road.
• NE along Whitehall Road to River Aire.
• NW along River Aire to Wellington Road.
• NE along Wellington Road to Wellington Street.
• NW along Wellington Street, enclosing West Street car park and NW up Marlborough Street.
• WNW along Park Lane to Belle Vue Road.
• NE along Belle Vue Road, turning NNW to meet Moorland Road.
• WNW along Moorland Road to Hyde Park Road.
• NE along Hyde Park Road to Hyde Park Corner.
• NW along Headingley Lane to Spring Road. The zone along Headingley Lane will extend 50m from either side of the road.
• SW along Spring Road to Cardigan Road.
• NW along Cardigan Road to St Michaels Lane.
• SW down St Michael’s Lane to the railway line.
• NW along the railway line to Kirkstall Lane.
• NW along Langdale Terrace.
• NE along Canterbury Drive.
• N & NE along Ash Road.
• NE along Rokeby Gardens until meeting Headingley Mount.
• N along Headingley Mount to St Annes Road.
• NE along St Annes Road until meeting Shaw Lane.
• NE along Shaw Lane to Grove Lane.
• Off Grove Lane, S along Grove Road.
• NE along Wood Lane to North Grange Mount.
• Along North Grange Mount to North Grange Road.
• Along North Grange Road until rejoining Headingley Lane.
• Along the Kirkstall Lane, North Lane and Otley Road to Shaw Lane, the zone boundary will extend the zone by 50m from the edge of these roads to the north and westerly directions.
• SE along Headingley Lane to Hyde Park Corner (note 50m corridor width).
• E along Woodhouse Street to Rampart Road.
• SSW along Rampart Road to Cathcart Street.
• Cathcart Street to St Marks Road.
• After St Marks Road turns S, SW along Leicester Place.
• SW along Blackman Lane to Blenheim Walk.
• SE along Inner Ring Road, including Woodhouse Lane car park within the boundary.
• Following the Inner Ring Road along New York Road till reaching Marsh Lane junction.

The land described is relevant land of the authority and relevant highways for which the authority is responsible.