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Our town centre paper sales team had another very successful outing today (Saturday July 14th) and again many people showed their support for our Party by buying a copy of our monthly party newspaper ‘Voice of Freedom’. We had many encouraging comments from members of the public such as ‘keep up the good work’, and ‘the BNP – that’s for me’ and ‘it’s about time something was done’.
But not all the comments were supportive. In fact there was a serious attempt to deny us our rights as a legitimate British political party. We had been there about an hour when a coloured chap came over and announced that we needed a permit as it was the Mayor’s parade that day and all stalls needed a special licence. ‘The fact that it’s the Mayor’s parade is irrelevant’ we said. ‘This is Barnsley town centre and we are exercising our legitimate right as a political party to sell our literature on the streets’ I read him the sentence printed on the back of all BNP membership cards which we had brought for just such an eventuality. It reads ‘Political organisations do not require local authority consent to sell or distribute literature on the streets’. He looked annoyed at this and announced that people just did not want us here. ‘Well we’re selling loads of papers’ I said, at which he walked off.
Fifteen minutes later a woman came over and asked if we had a permit. “We don’t need one” I said. “So you haven’t got an armband to show that you have a permit for a stall – that’s all I need to know” she said in a cold hard voice, and walked off.
Shortly afterwards we were approached by two police officers who told us that there had been several complaints about our activities from members of the public. I informed him that we knew our rights and there was nothing anyone could do to stop us. The officer was very polite and just asked for a copy of our newspaper and our names for future reference. Just then three council officials arrived and after a long consultation with the police officers announced that we could not sell our newspapers because
We need a street traders license to sell merchandise on the street.
As a street trader we needed a Council permit for a fixed sales stand, (referring to our paste table with the union jack draped over). Apparently this is a requirement of a local by-law.
Selling newspapers on the streets could be construed as causing an obstruction and/or breach of the peace for which we could be arrested.
By this time we had sold nearly all our papers anyway so we packed up and left. But just in case Barnsley Council and its officials thinks they have scored some sort of major success and driven the BNP from the streets of Barnsley we would like to here quote all the relevant laws which mean that we are well within our rights to sell papers on the streets of our town. The BNP is a national organisation. We have been confronted with this problem many times before and in many other towns and cities. We know the letter of the law.
All local authorities have the same regulations regarding street sales. You are not classified as a street trader and you do not therefore need a street traders licence if you are
Trading as a pedlar.
A market trader operating at a licensed venue.
A news vendor selling only newspapers and periodicals.
By selling BNP newspapers we therefore do not classify as street traders and we do not need a street traders licence. Because we are not classified as street traders we are allowed to have a fixed sales stand without a Council permit, as long as the stand does not block the pavement so that a regular build up of traffic (pedestrian traffic) occurs or a wheelchair user would not be able to get past. Of course we are not going to cause anyone any problems by blocking their access.
Also we have rights under the European Convention on Human Rights.
Article 10: Freedom of expression – (Including Political Expression)
Everyone has the right to freedom of expression. This right shall include freedom to hold opinions and to receive and impart information and ideas without interference by public authority and regardless of frontiers. This Article shall not prevent states from requiring the licensing of broadcasting, television or cinema enterprises.
This law supercedes any other laws or bylaws that may be in place.
Town centre sales of Voice of Freedom is an activity that is well established within the BNP in all areas of the country. Because it is such a high profile activity it is very effective at winning public support. We intend to continue with this activity in Barnsley.
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