Fly posting is putting up unauthorised posters and stickers, usually adverts, in public places. We are responsible for items attached to the highway, such as trees, bridges, lamp posts, road signs and other street furniture. If private property is involved (e.g. phone boxes or empty shops) then we have no jurisdiction.
We have a statutory duty to keep Dudley clean. Fly posting is unsightly and spoils the environment. If it's 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.
You can report an incident of flyposting via our Street Cleansing form:
What we do about it
As well as removing fly posting, we take 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
- Charging the offender for the cost of removing the posters
It's 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 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 us 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 we can undertake the work and recover costs.
Town and Country Planning Act 1990 - Section 220.
The Clean Neighbourhoods and Environment Act 2003 Act will give local authorities greater powers to order the removal of graffiti and fly posting - and to recover costs.