Do I need a licence to hand out advertising leaflets?

Although the production and distribution of leaflets is enshrined in the Human Rights Act 1998 there are a number of restrictions (both legal and commercial) you should be aware of.

In April 2006 the government introduced the ‘clean neighbourhood and environment act. This gave local authorities new powers to impose restrictions on the handing out of leaflets and many UK cities and towns, such as Nottingham, Newcastle and now Sheffield are using these powers to both restrict the distribution of flyers and at the same time raise revenue. For example, anyone wishing to hand out flyers in Sheffield City centre will have to apply for a permit, costing £75pa (or £50pm) or risk a fine up to £2,500.

A law sometimes quoted to people handing out leaflets is section 137 of the Highways Act 1980, which covers obstruction of the highway. This makes it an offence to cause a wilful obstruction of the highway without lawful authority or excuse. An assumption usually made by the police that by being there, handing out leaflets, you are using the highway unreasonably and hence forming an obstruction is unlikely to stand up in court. In West Yorkshire a judge has previously ruled that handing out leaflets in the street was indeed a reasonable activity.

However, if you impede a person going about their business, then this could be construed as obstruction and thus be illegal. Also, if you are forceful or aggressive in the way you hand out the leaflets then this could be demonstrating “threatening, insulting or abusive behaviour or disorderly conduct” contrary to the Public Order Act 1986 (sections 4,4a and 5) and thus be committing a breach of the peace.  

Additionally, if the contents of the leaflet were encouraging violence or civil unrest then this could also be considered a breach of the peace. However, if the leaflet is simply libellous, then that is a civil matter and not a legal one.  

What about private land? 

Privately owned premises (such as supermarket car parks) are highly unlikely to give permission to distribute leaflets or allow them to be put under car windscreens. Affixing posters or leaflets to private property fixtures could also amount to criminal damage, especially if the owner has to remove the leaflet. It does not matter that no criminal damage has occurred. If you go on to private property without permission then this could be classed as trespassing and even burglary (trespassing with intent to commit criminal damage)

What about putting leaflets under car windscreens?

Putting leaflets under car windscreen is a grey area as far as the Law is concerned. Unless damage was incurred to the vehicle, there is no criminal act involved. However, if the driver then decided to throw the leaflet on the floor, it could be argued that you were an accessory and this would be a criminal offence. Although the legal considerations are unclear, the commercial ones are not. It is not a good idea to put leaflets under windscreen wipers as it creates a negative emotion with the recipient. 

Do I need a licence to put leaflets through a letter box?                                                   
No. You are not committing any crime nor is it civil trespass (unless asked to leave). You have an ‘implied license’ to insert material through a person’s letterbox (just the same as a postman)  The situation becomes a bit less clear when leafleting on property deemed ‘quasi-public’ This could include a supermarket or petrol station forecourt where the public has an implied right of entry. In law you are not actually trespassing unless you are asked to leave and you refuse – the Police could then arrest you for ‘aggravated trespass’  However, most such sites are clearly signed that no canvassing or leafleting is allowed on their premises.