UPDATE: Brent megaphone ban could undermine the right to free speech and protest

 

Megaphones in use at Saturday's Renters Protest and yesterday's Living Wage action by Brent Citizens

 

There have rightly been concerns expressed in the labour movement and amongst campaign groups about Conservative government plans to restrict public protests, including provisions around noise nuisance LINK.

Unfortunately proposals by Brent's Labour Council, perhaps inadvertently, could potentially impose limits on protest by prohibiting the use of megaphones or amplified microphones across the borough.

The Cabinet on Monday will be considering a long list of prohibitions under Public Space Protection Orders (PSPOs) that includes the following:

Prohibition 8: Use of megaphone or microphone with speaker

It is an offence to use loudspeakers for any purpose in the street at night between 9pm and 8am under S62 of The Control of Pollution Act 1974. Further, it is an offence to use loudspeakers at any time for advertising any entertainment, trade or business.

Exceptions when a loud speaker can be used are in emergencies, as a public address system or if Council gives consent. In an emergency loud speakers can be used by the police, fire brigade, ambulance service, environment agency, water and sewage companies or public transport companies.

However, there have been several instances when individuals come to Brent with their loudspeakers to preach sermons and advertise their services. This is common in High Road, Wembley, Wembley Park on event days and Kilburn High Road. This causes significant distress to local residents when this practice continues for hours on end and prevents them from enjoying the use of their own communities/homes. It also causes a nuisance to those that are using the same public space, as they can feel harassed by the noise. Therefore, a prohibition is sought to address the nuisance in the use of loudspeakers.

The following is feedback from the evidence gathering exercise and consultation:

In the proposed PSPO Order this is reduced to (they appear to have megaphone and microphone round the wrong way):

8. Use of megaphone or microphone with speaker

Any persons that uses a microphone or megaphone with a speakers without the written authorisation from the landowner and/or the London Borough of Brent

 

In previous versions of PSPOs regarding distribution of literature we have sought exemptions for political literature protecting the democratic right to free speech. This is recognised in the Order:

10.  Distribution of free literature

Any person who distributes free literature which includes leaflets, the giveaway of free items/samples etc. without authorisation from the London Borough of Brent. The following are exempt;

a. Political, charitable and religious purposes but must not obstruct the public highway

The right to protest and make our voices heard as campaigners, trade unionists or other activists using a megaphone should be similarly protected. In the current political situation with action by many trade unionists it is essential that our right to protest, including the use of megaphones is not restricted.

As a footnote is is worth noting that Quintain have agreed that Brent will be able to enforce prohibitions on its private estate around Wembley Stadium, including Olympic Way.  I have asked Brent Council officers whether this means that political literature can now be distributed. Hithertoo we have been stopped by Quintain security who say written permisison from the owners is required.

UPDATE December 7th. Brent Council has confirmed that Quintain at Wembley Park and Talisker at Central Square, Wembley, could still stop the distribution of exempt literature on their land.

The full list of prohibitions is below. As often stated  they mean little without the resources to enforce them.