This guidance is based on the Manifesto Club report, Gatekeepers: How Councils are Controlling Access to the Public Square, which found that restrictions on political stalls are now the norm across England and Wales. This guidance is to help councils work towards a more liberal approach to local campaigning, which encourages local engagement and democracy as well as respects free speech.
The importance of the public square
Public squares, pavements and pedestrianised areas have traditionally been venues where citizens, campaigners, political parties, community groups and others can engage with the public, hand out leaflets, show banners, run street stalls and talk with passers-by.
Our research found that many councils in England and Wales now impose regulation on street stalls, including booking systems, fees, prior vetting of literature, outright bans of political stalls, restrictive Public Spaces Protection Orders (PSPOs), or treating public space as if it were private property to manage.
These measures have the effect of shrinking democratic public speech and limiting access for smaller or less-well-resourced groups. This undermines traditional public rights and local democracy.
A small number of councils (19 of 240 in our survey) allow political and campaign stalls freely (so long as there is no obstruction or nuisance) – treating this as a free-speech issue. These include large metropolitan centres and more rural districts.
Councils that are serious about vibrant public spaces and local democracy should think carefully about how they regulate (or don’t regulate) political stalls, leafleting, banners, flags, and the right to campaign in public spaces.
Here is a guide – based on our research – that recommends why and how councils should take a more liberal approach to public free speech and political campaigning.
Recommended principles to adopt
Respect freedom of expression: Public space is not just for commerce or council-approved events. It is for citizens, campaigners and political groups to speak, to persuade, and gather. So long as street stalls are law-abiding, do not obstruct or cause a nuisance, their right to be present in public spaces should be the norm, not the exception.
Minimal interference: The default should be ‘yes you can set up a stall, hand out leaflets, display a banner’ — subject only to minimal rules of safety, obstruction, and nuisance — rather than ‘apply to see if we’ll permit you’.
Avoid fees, avoid prior vetting of literature or viewpoints: Charging large fees or vetting the political views or leaflets of campaigns converts democracy into a commercial or political concession, only accessible for corporations or groups with council contacts.
Ensure public spaces remain public: Avoid treating public pavements and squares like private event venues that only ‘approved’ groups can hire. Councils should guard against turning main squares into bookable spaces only, and leaving no space for spontaneous campaigning.
Safety and order but not censorship: Councils must enforce legitimate public-safety rules (obstruction, noise, health and safety) — but they should avoid using broad and vague bans on ‘any activity which may cause offence’, or vetoing causes that conflict with current council policy.
Transparency and fairness: If councils impose rules, they should be clear, publicly published, easy to comply with, and not give unfettered discretion to council officers to refuse a stall for political (or personal) reasons.
Promote democratic use of space: Recognise that giving space for political stalls is a positive public good, which leads to active democratic engagement, local civic culture, and debate. Rather than seeing stalls as messy or nuisances, councils should see them as an essential part of vibrant urban life and local democracy.
Suggested policy framework
Here is a suggested framework that councils might adopt or adapt:
a) Statement of intent
This council regards public spaces (town squares, high streets, wide pavements) as open forums for lawful free speech, campaigning, leafleting and citizen engagement. We will only impose restrictions where required by law (obstruction, public safety, noise nuisance). Certain areas in our town/city centre are available for event hire, but there will always be other areas available for spontaneous use by local groups. We will not require political or religious street stalls to pay commercial hire fees, nor approve in advance the content of leaflets or literature.
b) Application of rules
Allowed-as-of-right: Stalls, leafleting, banners, flags, campaign tables may be set up without prior application or fee, provided:
- They occupy the space only temporarily (say up to 4-6 hours)
- They do not block pedestrian flow or access
- They do not interfere with a market, event or licensed trading area already booked
- Noise is kept within ordinary street levels and any amplification is at a reasonable level
- Notification (optional): As a courtesy, the council may ask the organiser to email a town-centre manager to say when and where they plan to pitch. This should be an optional courtesy and not a process of granting permission.
Prohibited activities: Activities should be prohibited only where they breach legislation or bylaws, including:
- Obstructing the highway or pedestrian thoroughfare
- Unlicensed street trading (selling goods)
- Serious public-order risk (eg, incitement of violence)
- Noise or amplified sound beyond statutory or reasonable limits
Fees and charges: None for political stalls or campaigning. The council should distinguish between commercial trading/events and democratic campaigning.
Content vetting: The council must not vet the political or ideological content of the campaign.
Review and appeal: If council officers do refuse or move a campaigner, the reasons should be transparent and the refusal reviewable.
Why councils should adopt this approach
Free speech and campaigning do not conflict with safe and vibrant public space. The vast majority of stalls and campaign tables are low-risk. Councils who take this liberal approach have flourishing town and city centres.
Birmingham City Council says that “Protests, vigils, and political campaigning … do not need the permission of the Local Authority to take place’, while East Suffolk said ‘As there is no requirement for a permit or street trading license we have no input on where they can or cannot setup a stall’. Other councils saw political campaigning as a free speech issue: Uttlesford Council said that there is ‘nothing to prevent this act of free speech’.
By adopting clear but limited rules, councils reduce risk of obstruction, nuisance or conflict, but without turning all public space into a ‘bookable event’ zone.
Providing visible space for citizens to engage strengthens the town/city centre as a place of social engagement: stalls attract footfall, they create activism, curiosity, conversation. This can enhance the liveliness of the high street rather than detract from it.
A council that is open to campaigning enhances its democratic credentials. People feel their voices are heard, local groups feel they have access to the public square. The public presence of local groups means that there are people for the council to engage with when communicating or debating policy.
With clarity in policy, councils minimise conflicts: for example, councils can set times or zones where campaign stalls are recommended, so as to avoid busy market or trading operations. But this should be cooperative rather than restrictive.
Risk management is still possible: for example, councils can provide standard advice or a ‘factsheet’ for stall-holders (on safety, litter, footway clearance), without making this advice a licensing requirement. Again, councils should see campaigners as allies and fellow residents, with a stake in the public space, rather than risks to be managed or restricted.
Councils also avoid legal risk: using PSPOs to ban tables/flags/leaflets may infringe the rights of free expression under Articles 10 & 11 of the European Convention on Human Rights. A more open policy mitigates the risk of legal challenge and reputational cost.
Practical tips for implementation
Designate zones: Identify several wide pavement or square areas where campaigning stalls are normally permitted (eg ‘Town Square north-east corner’ or ‘High Street pedestrianised zone’). Make clear these are open to all lawful campaigners.
Publish a simple factsheet: One-page guidance for campaigners: when they can pitch, what they should avoid (footway obstruction, excessive noise, leaving manual equipment behind), and a council contact for advice.
Maintain a calendar: Share a simple calendar so that campaigners can see when major events/markets/tradings are happening, and avoid conflicts, but do not require that all spaces must be pre-booked.
Encourage diversity of use: Actively welcome community groups, smaller parties, new voices — emphasise that the square is open to all. Also work with more established groups such as political parties, to ensure that local members and activists are able to have a public presence. If the council works equally with different groups then it maintains its impartiality.
Monitor and review: After 6-12 months, review how many stalls have been used, by who, and any issues reported (obstructions, complaints). Create additional rules only if there is a clear problem.
Train officers: Ensure staff who monitor street-activity enforcement understand the policy: that the default is free speech and the restriction is limited (obstruction/nuisance) — rather than councils playing a curatorial or authorisation role.
Publicise widely: Let local campaigns, political parties, student unions, community organisations know about the open policy. Make sure they feel welcome.
Respond quickly to complaints: If there is a conflict (eg, two campaigners want the same prominent spot), resolve by dialogue or ‘first-come’ policy, rather than via heavy regulation or fees.
Keep commercial activities and campaigning separate: If a stall is selling goods rather than simply leafleting/campaigning, it may require a licence, but ensure that campaign stall policy is distinct and more liberal.
Potential objections and responses
‘There will be obstruction or pavement congestion.’ The policy can require that stalls leave a clear minimum width for pedestrians and avoid peak lanes. In most cases campaigning stalls take little space and cause no issue.
‘What if the campaign uses amplification or loud noise?’ Councils can have a standard noise-nuisance policy (as for any amplified event) rather than a blanket ban. Most stalls won’t need amplification; if they do, they can be asked to keep it at a reasonable level, and adjust if there are problems or complaints.
‘We’ll be swamped by constant bookings and this will clash with markets/events.’ Councils can maintain a calendar of markets/events and communicate preferred times/locations, but should not treat all campaign stalls as ‘events’ requiring full event management.
‘We need to control content to avoid hate or radical groups.’ The council must operate in a content-neutral way: it can intervene if a group is inciting violence, breaking criminal law, or causing serious public order risks — but must not veto groups simply because officers disagree with them. Councils should avoid vague terms to justify restrictions, such as bans on anything that they believe ‘may cause offence’.
Get in touch:
If your council is considering new guidance on political stalls, and would like support or advice, please do get in touch. We would love to talk and work with you - to develop policies encouraging local democracy and citizen engagement.