bluestreak
09-10-2006, 08:37
from the worthing eco-action newsletter this weekend; might be useful information to some.
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Right to leaflet victory in Lambeth, London
A report
Last time the Nuclear Trains Action Group of London Region CND leafleted
outside Brixton tube, on November 5^th 2005, we were approached by 2
people who identified themselves as employees of Lambeth Council who
asked us whether we had “permission” to leaflet in that vicinity. We
pointed out that we didn’t realise we needed such permission and indeed,
we had leafletted at that spot many times over the years without any
question of permission arising. The 2 told us to desist leafletting, but
then went away without taking any further action.
Apparently, other groups have had similar encounters in that area and on
February 25^th , as reported by Jim Brann, while he was on Brixton Road
outside WH Smith’s doing publicity for the March 18^th national “Troops
Home from Iraq – Don’t attack Iran” demo, he was approached by employees
of “Lambeth Street Care” who questioned his right to be there without
“permission”. They then gave him a copy of a document entitled, “London
Local Authorities Act 1994 Section 4(2,4) Distribution of Free
Literature and London Local Authorities Act 1990 Section 21(2) Street
Trading.” I kid you not! I have a copy of this document in front of me.
The document then goes on to say, in relation to the distribution
question [punctuation and grammatical construction as in the original],
“Dear Sir/Madam, Lambeth Council would like to WARN you that you are in
breach of the above acts respectively which says:
“Distrbution of Free Literature
“2) Any person/s who distributes free literature in a place designated
without the consent of the borough council or in breach of any condition
subject to which the council’s consent is given. Causes or permits any
persons so to do shall be guilty of an offence and liable on summary
conviction to a fine not exceeding level 2 on the standard scale.
“4) Where a person is distributing free literature in a place designated
without the consent of the borough council an authorised officer may
SEIZE any supply of that. Literature which the person has at or near
that place.”
We may pause to wonder at the authoritarian tendencies of the present
administration even in small matters - the legislation seems to require
that permission be sought simply to give out leaflets. Most councils it
seems however have better things to do than enforce such legislation.
Not Lambeth.
Jim wrote to the Lambeth Markets Manager, who had signed the above
document, arguing that, “Any claimed implementation of another statute
is to be viewed in the light of the provisions of the Human Rights Act
1998.” He then refers the Manager to sections 10 and 11 of that Act.
In reply the Market Manager wrote that his staff would continue to
enforce the legislation in question, and continued: “NOBODY is allowed
to distribute free literature or set up ANY receptacles on Brixton Road,
because that stretch of road is NOT a designated area for that sort of
activity, by ANYBODY, regardless of the content of the message….What you
don’t understand is that there is a designated place designated by
Lambeth Council in Brixton, Dorrell Place or Tunstall Road (weekdays) on
Brixton Road for anybody regardless of the contents of their
message…Therefore your rights to campaign and express your views under
the Human Rights Act is not been affected, you just cannot do it on
Brixton Road without permission and arrangements with the Market office.”
However, Jim had had the foresight to copy this letter to the Borough
Solicitor, who wrote: “Following careful consideration of the relevant
statutes that are quoted as authorities we would inform you that it has
been determined that the interpretation placed on the wording of the
particular statutes by enforcement officers was erroneous and that you
were incorrectly told that your distribution of documents was contrary
to the law. In these circumstances we apologise for these actions and
trust that it has not caused you too much inconvenience.”
A small victory for human rights in Lambeth!
------------
Right to leaflet victory in Lambeth, London
A report
Last time the Nuclear Trains Action Group of London Region CND leafleted
outside Brixton tube, on November 5^th 2005, we were approached by 2
people who identified themselves as employees of Lambeth Council who
asked us whether we had “permission” to leaflet in that vicinity. We
pointed out that we didn’t realise we needed such permission and indeed,
we had leafletted at that spot many times over the years without any
question of permission arising. The 2 told us to desist leafletting, but
then went away without taking any further action.
Apparently, other groups have had similar encounters in that area and on
February 25^th , as reported by Jim Brann, while he was on Brixton Road
outside WH Smith’s doing publicity for the March 18^th national “Troops
Home from Iraq – Don’t attack Iran” demo, he was approached by employees
of “Lambeth Street Care” who questioned his right to be there without
“permission”. They then gave him a copy of a document entitled, “London
Local Authorities Act 1994 Section 4(2,4) Distribution of Free
Literature and London Local Authorities Act 1990 Section 21(2) Street
Trading.” I kid you not! I have a copy of this document in front of me.
The document then goes on to say, in relation to the distribution
question [punctuation and grammatical construction as in the original],
“Dear Sir/Madam, Lambeth Council would like to WARN you that you are in
breach of the above acts respectively which says:
“Distrbution of Free Literature
“2) Any person/s who distributes free literature in a place designated
without the consent of the borough council or in breach of any condition
subject to which the council’s consent is given. Causes or permits any
persons so to do shall be guilty of an offence and liable on summary
conviction to a fine not exceeding level 2 on the standard scale.
“4) Where a person is distributing free literature in a place designated
without the consent of the borough council an authorised officer may
SEIZE any supply of that. Literature which the person has at or near
that place.”
We may pause to wonder at the authoritarian tendencies of the present
administration even in small matters - the legislation seems to require
that permission be sought simply to give out leaflets. Most councils it
seems however have better things to do than enforce such legislation.
Not Lambeth.
Jim wrote to the Lambeth Markets Manager, who had signed the above
document, arguing that, “Any claimed implementation of another statute
is to be viewed in the light of the provisions of the Human Rights Act
1998.” He then refers the Manager to sections 10 and 11 of that Act.
In reply the Market Manager wrote that his staff would continue to
enforce the legislation in question, and continued: “NOBODY is allowed
to distribute free literature or set up ANY receptacles on Brixton Road,
because that stretch of road is NOT a designated area for that sort of
activity, by ANYBODY, regardless of the content of the message….What you
don’t understand is that there is a designated place designated by
Lambeth Council in Brixton, Dorrell Place or Tunstall Road (weekdays) on
Brixton Road for anybody regardless of the contents of their
message…Therefore your rights to campaign and express your views under
the Human Rights Act is not been affected, you just cannot do it on
Brixton Road without permission and arrangements with the Market office.”
However, Jim had had the foresight to copy this letter to the Borough
Solicitor, who wrote: “Following careful consideration of the relevant
statutes that are quoted as authorities we would inform you that it has
been determined that the interpretation placed on the wording of the
particular statutes by enforcement officers was erroneous and that you
were incorrectly told that your distribution of documents was contrary
to the law. In these circumstances we apologise for these actions and
trust that it has not caused you too much inconvenience.”
A small victory for human rights in Lambeth!