2Restriction of operation on highways, &c, of loudspeakers
(1)Subject to the provisions of this section, a loudspeaker in a street shall not be operated—
(a)between the hours of nine in the evening and eight in the following morning, for any purpose;
(b)at any other time, for the purpose of advertising any entertainment, trade or business;
and any person who operates or permits the operation of a loudspeaker in contravention of this subsection shall be liable on summary conviction to a fine not exceeding ten pounds.
In this subsection " street" means a highway and any other road, footway, square or court which is for the time being open to the public.
(2)The foregoing subsection shall not apply to the operation of a loudspeaker—
(a)for police, fire brigade or ambulance purposes, or by a local authority within their area;
(b)for communicating with persons on a vessel for the purpose of directing the movement of that or any other vessel;
(c)if the loudspeaker forms part of a public telephone system;
(d)if the loudspeaker—
(i)is in or fixed to a vehicle, and
(ii)is operated solely for the entertainment of or for communicating with the driver or a passenger of the vehicle or, where the loudspeaker is or forms part of the horn or similar warning instrument of the vehicle, solely for giving warning to other traffic, and
(iii)is so operated as not to give reasonable cause for annoyance to persons in the vicinity;
(e)otherwise than on a highway, by persons employed in connection with a transport undertaking used by the public in a case where the loudspeaker is operated solely for making announcements to passengers or prospective passengers or to other persons so employed;
(f)by a travelling showman on land which is being used for the purposes of a pleasure fair;
(g)in case of emergency.
(3)Paragraph (b) of subsection (1) of this section shall not apply to the operation of a loudspeaker between the hours of noon and seven o'clock in the evening on the same day if the loudspeaker—
(a)is fixed to a vehicle which is being used for the conveyance of a perishable commodity for human consumption; and
(b)is operated solely for informing members of the public (otherwise than by means of words) that the commodity is on sale from the vehicle; and
(c)is so operated as not to give reasonable cause for annoyance to persons in the vicinity.
(4)Proceedings for an offence under this section in England or Wales may, without prejudice to the powers of any other person to institute such proceedings, be instituted by any local authority within whose area the offence was committed; and an offence under this section in Scotland may be prosecuted in any court of summary jurisdiction within the meaning of the [2 & 3 Eliz. 2. c. 48.] Summary Jurisdiction (Scotland) Act, 1954, having jurisdiction in the place where the offence was committed.
(5)In this section and section three of this Act" local authority" means—
(a)as respects England and Wales, the council of a county, county borough, metropolitan borough or county district, the Common Council of the City of London and the Council of the Isles of Stilly, and for the purposes of subsection (4) of this section includes a parish council and the council of a borough included in a rural district;
(b)as respects Scotland, a county council, town council or district council;
and in this section " loudspeaker " includes a megaphone and any other device for amplifying sound.