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Prosecution
of Fly Posting
Someone
who is caught putting up a fly poster is subject to
prosecution under the Town and Planning Acts 1990.
Those
who stand to benefit from the fly poster, landowners
and companies responsible for utility boxes or other
street furniture are subject to prosecution where knowledge
and consent can be proved. Where there are trouble spots,
the landowners are encouraged to make it difficult to
stick up the posters. Street furniture is particularly
susceptible to fly posting and as such there are government
led initiatives to reduce this.
Persistent
offenders can be the subject of an Anti Social Behaviour
Order
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TIP
Letters
shaming the beneficiaries of fly posters and pointing
out the legal framework for prosecution can be
as effective at taking them to court and it is
a lot cheaper.
Persistent
offenders will need stronger action.
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The
Highways Act 1980 makes provision for the highway authority
to remove any picture, letter, sign or other mark painted,
ascribed or affixed on the surface of the highway, or
any structure or works on or in the highway.
This
allows Councils to remove fly posters on street furniture
such as lamp posts, traffic lights, railings and utility
boxes without notice
Prosecution
is most suited to incidents where the poster obstructs
the highway or visibility and as such reduces the safety
of the highway.
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The
Town and Planning Act 1990 makes provision for authorities
to prosecute those involved in putting up posters where
caught red-handed, the landowner and those benefiting
from having the product advertised.
This
allows Council to remove fly posters from buildings
and other structures without notice, if the poster does
not identify the person who displayed it and they can
not be identified after reasonable inquiry. Otherwise
Councils need to contact the person who displayed the
poster and give them two days to remove it.
The
costs of removal can be recovered using the Town and
Country Planning Act 1990. It is key to prove that the
offender had both knowledge that the fly posters were
at each location and that the offender consented to
them put there. One of these is not enough.
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The
London Local Authorities Act provides London Boroughs
with measures to give notice to have a poster that is
in contravention of the Advertising Regulations removed.
If it is not removed within two days the Council can
remove it and recover any reasonable costs in doing
so.
In
addition to this, the Code of Practice agreed in 2005
provides London Boroughs with a blueprint for working
with companies responsible for the utility boxes, bus
shelters, traffic lights, sub stations and other street
furniture to remove and prevent fly posting and graffiti.
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