Use of Environmental Protection Act to regulate Leaflet Distributors.

Paul Perrin made this Freedom of Information request to Brighton and Hove City Council

This request has been closed to new correspondence from the public body. Contact us if you think it ought be re-opened.

The request was successful.

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

Freedom Of Information, Brighton and Hove City Council

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

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Wendy Kassamani, Brighton and Hove City Council

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

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Wendy Kassamani, Brighton and Hove City Council

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

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Wendy Kassamani, Brighton and Hove City Council

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

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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
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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.
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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.

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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/

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