What is fly posting?
Fly posting is putting up unauthorised posters and stickers, usually adverts, in public places. The Council is responsible for items attached to the highway, such as trees, bridges, lamp posts, road signs and other street furniture. If private property is involved (eg phone boxes or empty shops) then the council has no jurisdiction.
Why is it a problem?
The Council has a statutory duty to keep the borough clean. Fly posting is unsightly and spoils the environment. If it is not removed the posters slowly rot, becoming more unsightly and causing litter. In addition, the businesses involved are gaining an unfair advantage over their law abiding competitors by not paying for advertising space.
What we do about it?
As well as removing fly posting, the Council takes action against the people responsible. We have powers to prosecute both the people putting up the material and the businesses being advertised.
Legal measures to prevent fly-posting include:
- On-the-spot fines
- Use of fixed penalty notices
- Prosecution in a magistrates’ court
- Use of Anti-Social Behaviour Orders (ASBOs)
- Charging the offender for the cost of removing the posters
It is illegal under the Advertisement Regulations to flypost on private property and under the provisions of Highway Law on Structures, Paving and Street Furniture within the Public Highway. We, as a Council, attempt to secure the removal of the Flyposting and advise the venue that if further incidents occur we will prosecute.
Further Legislation in this area includes:
Section 43 of the anti Social Behaviour Act 2003, which allows authorised officers of the Council to issue fixed penalty notices of £50.00 for the offences of graffiti and fly posting.
Section 48-52 of the Act enables local authorities to issue notices requiring the removal of graffiti and fly posting within 28 days from certain surface and structures. If the notice is not complied with the Council can undertake the work and recover costs.
Town and Country Planning Act 1990 - Section 220.
The Clean Neighbourhoods and Environment Act 2003 Act, which is due to implemented in the 2006 will give local authorities greater powers to order the removal of graffiti and fly posting - and to recover costs.
Report flytipping to us
Report an incident of flyposting via our online form, or contact us using the details below.
Standards and response times
We aim to remove flyposting as soon as possible after we have been notified.