Heavier penalties for Wiltshire fly-posters
Fixed penalty notices are now £500, rather than £75
People caught illegally advertising in Wiltshire are to face much heavier penalties.
Wiltshire Council has revealed it's increased the amount a Fixed Penalty Notice (FPN) will cost an offender illegally advertising from £75 to £500.
It's been implemented following feedback from communities in Wiltshire reporting more incidents of fly-posting.
Fly-posting or illegal advertising is defined as the display of advertising material on buildings or street furniture without the consent of the owner or occupier of the land or premises. It is an offence under the Town and Country Planning Act 1990 and the Highways Act 1980.
Other types of unauthorised advertisements such as hoardings or A boards fall outside of the remit of fly-posting.
Adverts placed on public highways or attached to lampposts or road traffic signs require the permission of Wiltshire Council.
In small scale cases, fly-posters may be warned in a letter about the advertisements and told to remove them. If signs are felt to be dangerous or the owner of them is unknown, council officers will take them down.
Failing to comply with a warning letter or if the person in question is a repeat or large scale offender, the council will now take further action, in the form of a £500 FPN per sign, or prosecution which could result in a £2,500 fine if an offender is convicted.
Wiltshire Council permits signs advertising community (non-profit) events, as long as approval from the highways team has been granted in advance, and the following conditions are met:
• The event has a minimum £5m public liability insurance in place
• Those placing the signs are responsible for any third-party claims for damages
• Proposed sign locations being agreed by Highways Team and do not compromise highway passage or safety
• Dates of erection and removal are agreed prior to installation
• Signs do not exceed 0.6m2 in size
If, following installation, the local Highway Authority is challenged or receives complaints about a sign, the approval would be reviewed, with the possibility that the signs are required to be removed.
Cllr Nick Holder, Cabinet Member for Highways and Street Scene, said: “Fly-posting is not only unsightly, it is also against the law, and that's why we’re increasing the FPN amount and reinforcing our commitment to tackling environmental crime.
“As per our Business Plan, we want to ensure Wiltshire remains a beautiful county for both residents and visitors to enjoy, and we will continue to take action against fly-posting, littering and fly-tipping wherever we find it throughout the county.
“We will, however, take a commonsense approach to this, and in most cases, we will ask people to remove any illegal advertising in the first instance. However, if people ignore this, or if they are repeat or large-scale offenders, we will act and issue fixed penalty notices or prosecute.
“We also know that there are some community groups, town and parish councils who are keen to showcase their events, such as fetes or fayres on council land. We are happy to work with them prior to the event to obtain the required approvals, but we would ask for at least four weeks’ notice. Applicants will need to state the reason for the signage, its location, how long it will be in place for, and the types of signage to be used, so the application can be considered.”