stopping illegal flyposting

Leeds City Council

ENVIRONMENTAL

ENFORCEMENT

OBJECTIVE
To stop illegal flyposting in Leeds.

PURPOSE
To seek an improvement in the visual street environment by providing sites where flyposting can legally be carried out, removing other material and taking strong enforcement action against illegal flyposters. Leeds City Council will not tolerate attaching illegal advertising (flyposting) to street furniture, structures and buildings. Legal advertising (poster drums) sites will require the necessary planning permission. Flyposting is mainly carried out in Leeds to advertise local events, the majority of which are held on licensed premises. There is also a lesser amount of goods; records, shops etc being advertised.

SCOPE
This policy will apply to all property unless the private owner has sanctioned the display and obtained the relevant planning permission. The policy addresses public buildings and structures as well as private property. This policy is limited to materials stuck to structures using glues, blutack, sellotape etc. Placards and graffiti will be dealt with in separate policy documents which will follow similar principles.

LINK TO COUNCIL PLAN

Looking after the environment is one of the five key aims in the plan. Improving the physical appearance and condition of the streets and immediate surroundings to improve quality of life helps support this aim. The presence of flyposting encourages a spiral of decline, which can undermine community cohesion and the efforts of public agencies. The presence of flyposting, graffiti, flyers etc can exacerbate the fear of crime; undermine local investment in regeneration; and adversely affect education, aspirations and jobs. Conversely, tackling environmental crime sends a message to a community that things can improve and encourages the establishment of a stronger, more confident local community.

Leeds City Council

ENVIRONMENTAL

ENFORCEMENT

This Policy contributes to The Vision for Leeds 2004-2020 to make Leeds an internationally competitive city and the best place in the country to live, work and learn, with a high quality of life for everyone.

APPLICATION OF THE ENVIRONMENTAL ENFORCEMENT POLICY

Action against individuals caught flyposting "Paragraph 5.3 - Prosecution" and "par 5.3.1 - community benefit" apply to the problem of flyposting. Legal action will therefore be taken on each occasion an offence is evidenced due to the extreme improbability that that person will be witnessed committing the offence again. "Paragraph 5.2 - Fixed penalty notices" allows for the use of fixed penalty notices where the legislation allows. This will be applied through The Anti Social Behaviour Act 2003. Action against beneficiaries of the flyposter Paragraph 5.3.- Prosecution Paragraph 5.3.4/5.3.5 - Failure to comply with lawful requirements and history of non-compliance apply to the problem of flyposting. Legal action will be taken when there is a breach of legislation following a written notice as required by the legislation.

LEGISLATION
The main pieces of legislation that will be used are: Highways Act 1980 Town and Country Planning Act 1990 & The Town and Country Planning (Control of Advertisements) Regulations 1992. Anti Social Behaviour Act 2003 - Pt 6 & Pt 9 Local Government Act 1972 Section 222 Further details are contained in Appendix 1

Leeds City Council

ENVIRONMENTAL

ENFORCEMENT

POLICY
Poster "Drums" These provide a lawful outlet for this type of advertising and therefore provide an alternative to illegal flyposting. There are 49 drums and 14 boards in the city centre and 30 more drums outside the centre. A third party company operates the drum sites. This company also informs the local authority about other flyposting and removes this. Additional drums will be added to the scheme as they receive the relevant permissions. Burley Road, Chapeltown and Harehills are being developed as the next favoured locations for roll out. All flyposters placed on sites without proper permissions will be open to legal action. The company that administers the legal sites can be contacted by ringing Leeds City Councils call centre.

NOTICE TO REMOVE UNLAWFUL ADVERTS CANCELLED STICKERS:

Cancelled stickers will form the legal notice requiring the business to remove the flyposter within 48 hours. The notice will clearly state that the flyposter has been cancelled and will obliterate the vital areas of the poster. The poster will have the 48-hour notice to remove applied as above. The notice to remove will be dated when applied. The business benefiting from the poster will also have a written letter sent to their business by e-mail or by first class post to confirm this notice. The sticker will be the definitive notice as required for legal purposes. The letter will advise that now the business has been advised of the poster, they have become responsible for its removal. It seeks the co-operation of the offending business. If the local authority has to remove it, a recharge will be sent to the business to recover the removal costs and to compensate for any damage caused. After 48 hours, if the poster has not been removed, the authority will adopt a zero

Leeds City Council

ENVIRONMENTAL

ENFORCEMENT

tolerance stance to legal action against the business. A prosecution will be prepared under whichever of the above mentioned legislation provides for the most likelihood of success and greatest punishment.

LEGAL ACTION AGAINST FLYPOSTING

INDIVIDUALS
Persons caught applying posters will not be given the opportunity to receive a Fixed Penalty Notice in lieu of prosecution, but will be prosecuted under whichever of the above mentioned legislation provides for the most likelihood of success and greatest punishment.

Evidence will be acceptable from any of the following sources: 1. CCTV 2. Covert surveillance using Leeds City Council operated CCTV 3. Witness statements from officers of the council 4. Citizens prepared to identify the person. 5. Photographic evidence Identification of people caught on camera will be actively sought through crimestoppers and other media outlets.

BUSINESSES AND PROMOTERS

POSTERS RELATING TO LICENSED PREMISES IN LEEDS

Licensees who have been issued with Entertainment Licences by the Council have been advised of the clampdown on flyposting. The Entertainment Licensing Section is aware that several clubs are persistent offenders despite previous warnings. It is also recognised that a small number of promoters are responsible for the

Leeds City Council

ENVIRONMENTAL

ENFORCEMENT

flyposting on behalf of a significant number of events held at clubs. Targeting these promoters has the potential for greater impact than targeting individual clubs. The top 10 offending clubs will be prioritised for targeted enforcement activity. In the event that the business shows that the advert was displayed by a third party without their consent then the Council will expect that business to co-operate with the Council in tracing and prosecuting that third party. In addition, where businesses are blatantly and continually using flyposting to advertise their business, applications for Anti Social Behaviour Orders will be considered against the persons operating the business. All prosecutions will include a compensation claim for the costs that the authority has to bear to remove flyposting. Under the provisions of the Licensing Act 2003 it will be open to the Council, under its Licensing Policy to take into account all successful legal action, and any supporting information, such as individual ASBOs, as part of the licence variation or review process.

REMOVAL OF FLYPOSTERS
Leeds employs 6 teams of people to remove graffiti and flyposting. Posters removed which have not had the Removal Notice (Cancelled Sticker) applied will be recorded where there are common sources and referred to the Enforcement Division and Licensing section (licensed events). They will pursue the matter with the beneficiary, with a view to seeking prosecution and gathering evidence to obtain an ASBO for persistent offending. An ASBO will be sought after posters have been removed on more than 1 occasion in 6 months. Posters which have had the Removal Notice (Cancelled Sticker) applied will have the dates of notification recorded and photographic evidence obtained. This will be referred for follow up prosecution as outlined above

Leeds City Council

ENVIRONMENTAL

ENFORCEMENT

SELF ADHESIVE STICKERS

Stickers are sometimes used instead of the more usual poster advertising methods. Where people are caught sticking these on street furniture different approaches will be applied depending on whether they are doing this commercially or not, If it is a commercial form of advertising a prosecution will be sought. If an individual is applying stickers, fixed penalty notices will be used under part 6 of the Anti Social Behaviour Act.

SUPPLEMENTARY SUPPORTING INFORMATION

Leeds City Council - Departments able to enforce/pursue the policies outlined above: City Services -Enforcement (co-ordinating section); Graffiti removal teams Development - Building Standards & Compliance Services; City Centre Management (poster drums) Neighbourhoods & Housing - Major Projects Team (poster drums); Anti Social Behaviour Unit (ASBO support) Legal Services - Public Entertainment Licensing; Regulatory & Enforcement.

Partner Agencies West Yorkshire Police British Transport Police Leeds Universities Licensing Forum West Yorkshire Probation Service

Leeds City Council

ENVIRONMENTAL

ENFORCEMENT

APPENDIX 1 - LEGISLATION
Highways Act 1980 S132 (2) The highway authority mayremove any picture, letter, sign or other mark which has, without consentbeen paintedor affixed upon the surface of the highway or upon any tree, structure on the Highway. Town and Country Planning Act 1990 & The Town and Country Planning (Control of Advertisements) Regulations 1992. S224 (3) if any person displays an advertisement... he shall be guilty of an offence and liable... to a fine ... not exceeding (1000), and in the case of a continuing offence, 100 (1/10th) for each day during which the offence continues after conviction. (4) . a person shall be deemed to display an advertisement for the purposes of that subsection if (a) he is the owner or occupier of the land on which the advertisement is displayed; or (b) the advertisement gives publicity to his goods, trade, business or other concerns. N.B (5) A person shall not be guilty of an offence... if he proves that it was displayed without his knowledge or consent. S 225(1) ...the local planning authority may remove or obliterate any placard or poster (a) which is displayed in their area; and (b) which in their opinion is so displayed in contravention of regulations made under section 220. But not ... within a building to which there is no public right of access. (3) ... where a placard or poster identifies the person who displayed it or caused it to be displayed, the local planning authority shall not exercise any power conferred by subsection (1) unless they have first given him notice in writing (a) that ...it is displayed in contravention of regulations ... (b) that they intend to remove or obliterate it... (5)(not less than two days from the date of service of the notice) N.B (4) Subsection (3) does not apply if (a) the placard or poster does not give his address, and (b) the authority ... are unable to ascertain it after reasonable inquiry. (5) The period specified in a notice under subsection (3) must be. Anti Social Behaviour Act 2003 Pt 6 Sec 43 Penalty notices for fly posting (1) Where... a person has committed an... offence... (an officer)... may give that person a notice offering him the opportunity of discharging any liability to conviction ... by payment of a (fixed) penalty ...(50) (2) (except) (b) in the case of an... offence, ... motivated (wholly or partly) by hostility(i) towards a person based upon his membership (or presumed membership) of a racial or religious group, or (ii) towards members of a racial or religious group based on their membership of that group. (3) an ... officer may not give a notice to a person ... unless he has reason to believe that that person personally affixed or placed the advertisement ... (4) (b) (a person) ...may not be convicted of that offence ... if ... he pays the penalty ...(within 14 days) Pt 9 - (The Crime and Disorder Act 1998) Use of ASBOs ASBOs are available where there is behaviour which causes or is likely to cause harassment, alarm and distress to others and it can be shown that an order is necessary to prevent further anti social acts. Beneficiaries, organisers and people flyposting can all have ASBOs made against them. Evidence can be persistent flyposting despite warnings to remove the material and/or convictions. Local Government Act 1972 Section 222 - The Council can use the authority of s. 222 LGA 1972 to bring proceedings in the County Court for an injunction to prohibit a person from continuing to cause a public nuisance if it can be shown that it is expedient for the promotion or protection of the interests of the inhabitants of the area. These injunctions can be used to deal with flyposting by prohibiting a person from placing or causing such adverts to be displayed and can include a claim for damages. The penalty for breach of an injunction is imprisonment for contempt of Court.

Leeds City Council

ENVIRONMENTAL

ENFORCEMENT