LJ 2011-02-28 12:37:00
Plans by Westminster Council to outlaw homelessness and the feeding of the homeless:
LYING DOWN AND SLEEPING ETC
3.1 No person shall lie down or sleep in or on any public place.
“Public place” means any street, road, square, piazza, doorway, forecourt, courtyard, bridge, stairway, walkway or other similar place in the open air to which the public have or are permitted to have access, whether with or without payment.
3.2 No person shall at any time deposit any materials used or intended to be used as bedding in or on any public place.
DISTRIBUTION OF FREE REFRESHMENT
4.1 No person shall distribute any free refreshment in or on any public place.
“Refreshments” includes food or drink;
Refreshments are “free” if they are distributed without charge to the persons to whom they are distributed;
“Distribute” means give them out or offer to make them available to, members of the public.
4.2 No person shall knowingly permit any person to distribute any free refreshment in or on any public place.
5. Byelaw 4 does not apply to the distribution of free refreshments –
(a) to persons taking part in a sporting event;
(b) on any premises on which there is in force a premises licence under Part3 of the Licensing Act 2003 or a temporary event notice under section 100 of the same Act;
(c) if the distribution is of samples of refreshments and is carried out for marketing purposes on land adjacent to retail premises in which the same refreshments are available for sale;
(d) by the Council or any health authority (or any person acting on behalf of the Council or any health authority) exercising powers to protect public health.
6. Any person offending against these Byelaws shall be liable on summary conviction to a fine not exceeding level 2 on the standard scale.
So, to clarify – if your sandwich shop wants to give away leftover food at the end of the day to the homeless, they will find that this is forbidden. But if they want to give away food outside the shop during the day to potential customers as part of a marketing promotion, that’s totally fine and specifically exempted.