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Use of Environmental Protection Act to regulate Leaflet Distributors.
Paul Perrin made this Freedom of Information request to Brighton and Hove City Council
The request was successful.
From: Paul Perrin
20 January 2010
Dear Brighton & Hove Council,
I understand that your licensing of people who give out leaflets is
based on it being a 'prescribed process' under the environmental
protection act 1990.
Can you confirm that this is the case?
If it is the case then can you give me any legal advice you
received on classing this activity as a 'prescribed process'.
If it is not the case can you tell me on what basis it falls under
the Environmental Protection Act and give me the legal advice you
received to support this?
Yours faithfully,
Paul Perrin
From: Freedom Of Information
Brighton and Hove City Council
21 January 2010
Thank you for your request for information and I confirm we shall
respond as quickly as possible but not later than 16 February 2010.
Wendy Kassamani
Information Compliance Officer
Brighton & Hove City Council
Tel: 01273 296636
show quoted sections
From: Wendy Kassamani
Brighton and Hove City Council
26 January 2010
Regarding your request for information under the Freedom of Information
Act 2000: Ref: foi/042/10
Please find set out below the information in response to the above
request:
"
Staff employed in 1999-2000 - 5 full time members
Staff employed in 2008-2009 - We employ 62 staff directly, to carry out a
variety of functions, whose roles include Car Park Officers, Bus Lane
Monitors, Parking Services Officers, staff working at the Parking
Information Centre processing Blue Badges and permit applications, Pay &
Display Technicians and Contract Monitoring Officers. We also employ 80
Civil Enforcement Officers.
Income for 1999-2000 from Penalty Charge Notices (PCNs)
Income was £0 from PCNs as parking was not decriminalised and was dealt
with by the police.
The Highways and Transport figures for 2000 show:
On Street Income 1,233,000
Expenditure 632,000
Surplus 601,000
Off Street Income 1,621,000
Expenditure 870,000
Surplus 751,000
show quoted sections
From: Wendy Kassamani
Brighton and Hove City Council
26 January 2010
I apologise that the response below was sent to you in error . Please
ignore. Your request foi/042/10 regarding leaflet distribution will be
responded to in due course.
Wendy Kassamani
Information Compliance Officer
Brighton & Hove City Council
Tel: 01273 296636
show quoted sections
From: Wendy Kassamani
Brighton and Hove City Council
28 January 2010
Regarding your request for information under the Freedom of Information
Act 2000: Ref: foi/042/10
"Leaflet Distribution"
Please find set out below the information in response to the above
request:
"The Clean Neighbourhoods and Environment Act 2005 Section 23 inserted a
section into the Environmental Protection Act 1990 which allows local
authorities to control the free distribution of printed matter.
[1]http://www.opsi.gov.uk/ACTS/acts2005/en/... - a useful link.
On 11 April 2008 BHCC introduced a zone in the city which enables us to
control the distribution of printed matter by issuing licences to
authorised persons.
The relevant section of the EPA 1990 is 94B and schedule 3A
[2]http://www.opsi.gov.uk/Acts/acts2005/ukp... - a useful
link."
Should you have any queries concerning this request please contact me,
remembering to quote the reference number shown above.
If you are not satisfied how your request has been handled, you can
appeal. Please write to:
Freedom of Information Appeals
Room 413
Brighton & Hove City Council
Hove Town Hall
Norton Road
Hove BN3 4AH
[3][email address]
If you are still not satisfied after your complaint has been investigated,
you can escalate your complaint to the Information Commissioners Office.
The contact details are:
The Information Commissioners Office
Wycliffe House
Water Lane
Wilmslow
Cheshire SK9 5AF
Telephone number: 01625 545745
e-mail: [4][email address]
Website: [5]www.dataprotection.gov.uk
If you have any queries regarding this process, please contact me via the
contact details below.
Wendy Kassamani
Information Compliance Officer
Brighton & Hove City Council
Hove Town Hall
Norton Road
Hove, BN3 4AH
Tel: 01273 296636
Re-use of Public Sector Information and Copyright Statement
Where information has been supplied, you are advised that the copyright in
that material is owned by Brighton & Hove City Council and/or its
contractor(s) unless otherwise stated. The supply of documents under the
Freedom of Information Act does not give the recipient an automatic right
to re-use those documents in a way that would infringe copyright, for
example, by making multiple copies, publishing and issuing copies to the
public.
Brief extracts of the material can be reproduced under the "fair dealing"
provisions of the Copyright Design and Patents Act 1998 (S.29 and S.30)
for the purposes of research for non-commercial purposes, private study,
criticism, review and news reporting.
Authorisation to re-use copyright material not owned by Brighton & Hove
City Council and/or its contractor(s) should be sought from the copyright
holders concerned. If you are considering re-using the information
disclosed to you through this request, for any purpose outside of what
could be considered for personal use, then you are required under the
Public Sector Re-use of Information Regulations 2005 to make an
Application for Re-use to the organisation from which you have requested
the information. Applications for Re-Use should be directed to Mr Paul
O'Neill at the address above.
Notice to recipient:
The information contained in this electronic mail message is intended only for the use of the individual to whom it is addressed
and may contain information which is privileged and confidential, the disclosure of which is prohibited by law.
If the reader of this message is not the intended recipient, please note that any dissemination, distribution or copying of this
communication is strictly prohibited. If you have received this communication in error please notify the sender immediately.
Thank you in anticipation of your co-operation.
You can visit our website at http://www.brighton-hove.gov.uk
Please consider the environment, only print out this email if absolutely necessary.
Please Note: Both incoming and outgoing Emails may be monitored and/or recorded in line with current legislation.
References
Visible links
1. http://www.opsi.gov.uk/ACTS/acts2005/en/...
http://www.opsi.gov.uk/ACTS/acts2005/en/...
2. http://www.opsi.gov.uk/Acts/acts2005/ukp...
http://www.opsi.gov.uk/Acts/acts2005/ukp...
3. mailto:[email address]
mailto:[email address]
4. mailto:[email address]
mailto:[email address]
5. http://www.dataprotection.gov.uk/
http://www.dataprotection.gov.uk/
From: Paul Perrin
28 January 2010
Dear Wendy Kassamani,
Thank you for your prompt response to my enquiry. The information
you have supplied addresses my request completely.
Yours sincerely,
Paul Perrin
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