FLY POSTING by liuqingyan

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									                          FLY POSTING

1.   Introduction

     East Hertfordshire District Council (the District Council) and Town
     Councils are constantly seeking to reduce crime, the fear of crime and
     to improve the environment in which our residents live. Fly posting
     undermines these goals and degrades the local ‘street scene’ and
     helps to give the impression of urban decay. Further more it is an
     illegal activity. This guide is to assist Town and other Councils within
     the District of East Hertfordshire to control fly posting in an effective
     and efficient way where those Councils have expressed a willingness
     to take on such a role.

     It is generally taken that fly posting is:

     ‘the display of advertising material on buildings and street furniture
     without the consent of the owner, contrary to the provisions of the
     Regulations’

     There are considered to be three types of fly posting:

     a) Advertisements primarily for local events, such as band playing in
        pubs, car boot sales, fairgrounds, school fetes, church bazaars etc.
     b) Poster advertising the products of large companies put up by
        professional companies, usually large colour posters of a high
        quality promoting a national event or product. Posters may
        advertise goods and services by local retailers, businesses, other
        individuals and organisations. These can be posted on vacant
        buildings or on telecom or other control boxes.
     c) Posters displayed by political or pressure groups.

     There are other types of fly posting, such as business cards in
     telephone boxes and A boards and hoardings, which may be
     unauthorised but not referred to in this guide.

     Why Fly Post?

     Fly posting can be cost effective, having a high impact, and for local
     events a display on street furniture is a cheap and effective way of
     getting publicity. The image of fly posting is often seen as a risqué
     form of advertising and helps to promote the image of the event as
     being ‘daring’.

     The Problems of fly posting.
     Fly posting is not only illegal it is also unfair on those companies who
     choose to advertise legally. Fly posting also puts an additional cost on
     the local authority and land owners who are required to remove the fly
     posters from street furniture and walls.

     It is accepted that any reduction in the local environment quality can
     act as an anti-social magnet encouraging a social downward spiral,
     which can lead to an increase in local residents’ fear of crime.

2.   Legal Framework.

     Introduction

     There are number of pieces of legislation under which fly posting can
     be controlled. The principle legislation of s224 and s225 of the Town
     and Country Planning Act 1990; however other powers are included
     within the Highways Act 1980.

     Prosecution

     S224(3) of the Town and Country Planning Act 1990 makes it an
     offence for any person to display an advertisement in contravention of
     the Regulations. The relevant regulation is the Town and Country
     Planning (Control of Advertisements) (England) Regulations 2007.

     If found guilty the contravener shall be liable for a fine not exceeding
     £1,000 (level 3 on the standard scale) and £100 per day for a
     continuing offence.

     In s224(4) of the Act a person shall be deemed to display an
     advertisement if they are: -
     1) the owner or occupier of the land on which the advertisement is
        displayed; or
     2) the advertisement gives publicity to his goods, trade, business or
        other concerns.

     Removal

     S225(1) allows local authorities to remove or obliterate any placard or
     poster displayed in contravention of the advertisement regulations.
     This can be done;
     1)    without notice where it does not identify the person who
           displayed it or cannot be identified after reasonable inquiries;
           and
          2)     after providing 2 days notice where the information is given on
                 the poster.

          Highways Act 1980

          S132(2) of the Act allows highway authorities to remove any marking,
          letter, advert etc affixed on the surface of the highway or any structure
          or works on or in the highway. This encompasses fly posting on street
          furniture and gives authority to remove posters without notice.

3.   The Advertisement Regulations

     The regulations are within The Town and Country Planning (Control of
     Advertisement) (England) Regulations 2007. The regulations set out which
     advertisements can be displayed without the need for a consent and where
     consent is deemed to be automatically granted.

     The regulations are complex and are not summarised here, but would need
     to be considered in more detail if there is any dispute in relation to the
     legitimacy of any advertisements.

3.        Good Practice

          Introduction:

          Local authorities use a variety of methods to control fly posting in their
          area. There are 4 main approaches

                Prosecution

                 In the very first instance it may be prudent to advise the
                 perpetrators of the offence; ask them to remove the
                 unauthorised displays; and additionally advise them that should
                 further instances of fly posting occur the matter will be referred
                 to the local Magistrates Court without notice.

                Removal

                 This is the most common method of controlling fly posting used
                 by local authorities. It is a very quick way to achieve discernable
                 results and provides a disincentive to person who does fly post
                 when they realise that their posters will not be displayed for any
                 length of time.

                 However it is important to ensure the authority is also acting
                 legally. Immediate removal can be carried out where there is no
            information about the person who displayed the poster and they
            cannot be identified after reasonable inquiries. Where this
            information is given on the poster, two days notice of removal is
            required.

            Poster on street furniture can be removed without notice under
            the 1980 Highways Act.

            Obviously this places the onus on the local authority rather than
            the fly poster. However this perception can be prevented by the
            removal of the poster in conjunction with other initiatives of
            prevention or prosecution.

          Prevention

               1) Provide advice to the general public on how to advertise
                  legally,
               2) Place warning notices on properties,
               3) Using a CCTV system to control fly posting,
               4) Agree a strategy with property owners,
               5) Use site treatment measures,
               6) Encourage urban renewal.
               7) Provide advice on the Council’s website.

          Formalised sites.

            This involves the provision of sanctioned sites where fly posting
            is tolerated. Any site would require express consent under the
            advertisement regulations in addition to planning permission
            and/or the consent of the highway authority.


Action by Town and Parish Councils – second element of Good
Practice above.

Fly posting removal – acting on behalf of the Local Planning Authority

The District Council has the authority conferred on it by the legislation
referred to above to remove fly posting. The District Council is willing to
allow Town Councils referred to as Town Councils within its area to
undertake this task on its behalf.

To be eligible to take up this role on behalf of the District Council, other
Councils will need to agree to operate within the following remit:
- the persons who undertake this task should either be a Member of the
  Town Council concerned or employed by it; the task should not be further
  delegated to any other organisation;

- the Town Council will undertake the task on a regular basis and not less
  than six times per calendar year. The Town Council shall determine the
  regularity to which separate parts of its area will be subject (but with
  regard to the next paragraph below);

- the Town Council shall respond to requests it receives, either directly
  from any party, including from the District Council, for particular instances
  of fly posting to be addressed;

- a specific point of contact shall be nominated by the Town Council to
  which such requests as above shall be submitted, the details of this point
  of contact, and of any changes to it, shall be made known to the District
  Council;

- the Town Council shall approach the tasks in accordance with the
  procedure set out above, namely where there is information about the
  person who displayed the poster, or it can be identified with reasonable
  enquiries, then a two day period of notice shall be given prior to the
  removal of the fly poster. If no such information is available then the
  poster can be removed immediately;

- the Town Council shall only obliterate any fly poster when it is
  impracticable or unsafe to remove the poster. Obliteration shall not be
  used in other circumstances;

- where fly posting is removed by the Town Council and there is
  information that can be obtained with reasonable enquiries to identify the
  person who displayed the poster, that person shall be informed of its
  removal and notified that it will be available for collection from the Town
  Council for a period of not less than 7 days after the date of informing that
  person, after which it will be disposed of. If a person who has displayed a
  poster does wish to collect it after it has been removed, they shall be
  required to sign a confirmation in writing that the poster will not be further
  displayed before being permitted to collect the poster(s);

- where Town is any doubt as to the legitimacy of the fly posting displayed
  that other Council shall, before removal, contact the District Council to
  check this matter before taking any action to remove posters;

- the Town Council will deal with all complaints that may be submitted to it
  with regard to the activity of fly poster removal and have acceptable and
  appropriate processes in place for doing so;
- the Town Council will take all necessary steps to ensure that safe
  working practices are implemented at all time whilst undertaking this task
  and shall have all necessary insurance cover in place;

								
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