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Guidance note: Use of advertising boards on the public highway

Introduction

The council as the Highway Authority is responsible for overseeing the safety of public roads and footways and has a duty to protect the rights of those using them.

Your East Riding… where everyone matters

The council vision is to develop and promote an environment which fosters inclusivity and values everyone. It is important that conflicting needs are considered so that informed decisions and compromises can be made. Businesses must be able to thrive, including through the use of advertising, while residents and highway users must be free to use our roads and footpaths without being unnecessarily obstructed or put at risk.

Purpose of this guidance

This guidance has been developed in response to the changing needs of the high street including growing pressures on businesses and increasing legal and moral obligations to support groups such as those partially sighted, disabled or with assisted mobility needs. It sets out the council’s approach to licensing advertising boards, or ‘A-Boards’, on publicly maintained highways within designated zones.

The council historically managed these signs with discretion and by offering informal guidance without being able to offer real clarity to stakeholders. The council is obliged to keep public highways free of obstructions and safe for use, but it is also recognised that businesses may wish to use highway space to advertise. This guidance aims to provide clear direction to both businesses and highway users, and provide the council with a foundation upon which to monitor and regulate A-Boards in a formal, structured approach.

The council does this via the operation of a licensing scheme for A-Boards on the public highway. The scheme specifies criteria for the type, size, placement and management of A-Boards and includes an annual licence fee.

This licencing scheme applies only to publicly maintainable highway within designated licence zones. Further information on advertising on private property can be obtained by visiting the Planning Portal website.

What is the public highway?

The public highway is the legal term for any road, footway, bridge or tunnel that is maintained at public expense and over which the public has a right of way. The public highway includes the surface of the road or footway, as well as any verges, trees, street furniture or lighting columns within its boundaries. It is defined as an area where the public have the right to pass and repass without hindrance nor licence.

A footway is the part of the highway that is provided for pedestrians, usually separated from the carriageway by a kerb. Footways are sometimes referred to as pavements, sidewalks or footpaths and are designed so they provide safety for pedestrians from traffic. There is no minimum width for footways.

What are A-Boards and who do they affect?

A-Boards are portable advertising signs used typically outdoors to promote or draw attention to a business, event, location or organisation.

A-Boards are not permitted on the public highway without the consent of the Highway Authority (East Riding of Yorkshire Council) and the council has powers under the Highways Act 1980 to remove any unauthorised signage.

Anyone who uses the highway is affected by obstructions that are placed upon it, such as A-Boards. Not all areas of the highway are suitable for A-Boards, for example a footway may be particularly narrow or next to a busy road, where obstructions could force pedestrians into harm’s way.

A-Boards can affect road safety and visibility if inappropriately used. This is why the Highways Act 1980 provides the facility to enable them to be closely controlled.

The effective management of A-Boards placed on the highway can contribute positively in the following ways:

  • enabling businesses to advertise legitimately, contributing to a vibrant high street and attracting custom
  • ensuring items placed on the highway do not negatively impact on the East Riding’s streetscene and become street clutter
  • ensuring that items placed on the highway are done in such a way that they do not disproportionately impact protected groups, such as partially-sighted residents
  • maintaining the public highway as a safe area, fit for purpose.

Who is responsible for A-Boards?

It is the responsibility of the business owner or licensee to ensure that any A-Boards placed on the highway are correctly licenced and safe. In the case of limited companies it is the responsibility of the company secretary and/or director, although that responsibility may be delegated.

It is the responsibility of the licensee to ensure that the licence conditions are adhered to. Any A-Boards noted without a licence or in breach of the terms and conditions of the licence will be investigated, and appropriate action taken.

It is the responsibility of the business to ensure that the Equalities Act 2010 is adhered to. Material used must not be considered discriminatory, cause offence or promote harassment or victimisation. The council will take action where anything is considered to be in breach of the Equalities Act 2010.

Conditions of Licence

General conditions

A business or trader who places anything on the highway under licence must ensure that they have public liability insurance to £5m and provide the policy certificate to the council during the application process. The business or trader shall indemnify the council as the Highway Authority against all claims that may arise in connection with the placing of an A-Board on the highway.

A-Boards must be temporary and easily moved. The sign must only be on the highway during the times when the business is open.

In order for an A-Board to be licenced, there must be a minimum of 1,200mm (120cm) of unobstructed space from any A-Board to the edge of the footway.

A maximum of one A-Board per premises is permitted under the licensing scheme. If a single premises has frontages on more than one street, one A-Board per street will be permitted, and those A-Boards must not be placed on the same street. Where several businesses share a single premises or building, for example if there is a separate business on each floor of a four storey building, each of those businesses may be eligible for a single licensed A-Board against the building line. Permission must be given by the frontager (as defined by Section 115A (7) Highways Act 1980) to display an A-Board.

Anything placed on the footpath must be stable and not present a potential danger to highway users, therefore A-Boards must be of sufficient weight and design to prevent them being blown by the wind, or easily knocked over.

A-Boards cannot be illuminated and must not contain any inappropriate or offensive material. There must be nothing attached to A-Boards.

A-Boards must be no larger than 650mm (65cm) wide and 1,100mm (110cm) high and be of a regular shape with no protrusions.

A-Boards should be easily detectable by blind or visually impaired people and easily negotiated by people with limited mobility. Consideration should be given to colour and contrast of A-Boards, guidance is available online at the Royal National Institute for the Blind website.

The council and statutory undertakers have the right to carry out works within the highway. Any obstructions must be removed to allow this work to take place. The council, police or emergency services may request that signs are moved for specific reasons.

Licenced A-Boards should not be placed on the highway in severe adverse weather as this increases the chance of them falling over and causing accidents and injury.

All businesses that obtain a license for an A-Board will be provided with a small certificate to be displayed in a clearly visible position within the premises.

Providing there are no changes to or breaches of the licence, the licence can be renewed annually on receipt of a licence renewal form and payment of the annual licence fee.

Positioning

No A-Boards are allowed to be placed in the following locations:

  • in areas designed for vehicles such as the carriageway or parking bays
  • next to pedestrian crossings
  • on tactile paving
  • in such a way that it interferes with street furniture such as litter bins, cycle racks or street lights
  • in such a way that it compromises safety or interferes with visibility
  • in such a way that it interferes with people accessing any premises.

All licenced A-Boards must be positioned so that they abut the building line of the licensee’s premises. Signs may be placed either perpendicular or parallel to the building line.

A-Boards should be grouped in logical and regular patterns to assist visually impaired people. They must be set out in the same location each time they are placed out.

Where an A-Board is placed it is essential to ensure that the natural flow of pedestrians is not impeded in any way, particularly those with limited mobility. Official guidance is available from the Government’s Inclusive Mobility document, which can be found online.

Fees

There is an annual licence fee of £25 per sign. This fee must be paid when obtaining a licence and then each year in April when renewing the licence. The licensing period runs from 1 April to 31 March with no discount for in year applications.

In addition to the annual licence fee, there is a non-refundable £25 application fee. The application fee only applies to any new applications, and does not apply for licence renewals.

Registered charities are currently exempt from paying a licence fee or an application fee.

All fees are subject to annual review.

Licensing Areas

Areas that have a large footfall have been designated as areas requiring licensing. These areas are mainly high streets and busy pedestrian areas of the larger towns within the East Riding. View a map of the A-Board licence zones.

Legislation and enforcement

Legislation

Section 137 of the Highways Act 1980 makes it an offence to wilfully obstruct free passage along a highway without lawful authority. Lawful authority is granted by the Local Authority (East Riding of Yorkshire Council) as the Highways Authority by means of a licence.

Section 143 of the Highways Act 1980 relates to the removal of structures erected or set up on the public highway.

Section 149(1) of the Highways Act 1980 relates to the removal of anything from the public highway that may constitute a nuisance to highway users.

Section 149(2) of the Highways Act 1980 relates to the removal of anything from the public highway that may constitute a danger to highway users.

Under Section 132 of the Highways Act 1980, no person shall affix to the highway any picture, letter, sign or other mark upon the surface of the highway (including trees). This licensing scheme prohibits licenced A-boards from being fixed in any permanent or semi-permanent way. Therefore no signs should be chained or otherwise attached to lampposts, railings, street signs etc. Anyone breaching Section 132 of the Highways Act may be liable to a Fixed Penalty Notice or prosecution.

Enforcement

Enforcement plays a key role in highway safety. Licence conditions are there to ensure a safe streetscene environment and fairness and consistency for anyone wishing to use A-Boards.

Immediate action will be taken whenever obstructions are considered to be a danger to road users or pedestrians. Section 149(2) of the Highways Act 1980 provides enforcement powers in this regard and may lead to A-Boards being removed immediately.

Breaches of the terms and conditions may invalidate any licences that have been obtained and may be subject to enforcement action. Licences are not transferable or refundable.

Seizure of A-Boards

Unlicenced A-Boards within the licence zones will not be permitted and will be removed. Every attempt will be made to locate the A-Board owner to ask them to rectify the issue, but failure to do so will result in the A-Board being removed by the council.

Where it is considered that the A-Board presents an immediate hazard, or where it is not practicable to give notice, it will be removed without notice.

Any that are removed will be held at council premises for 28 days to allow businesses to collect them if required, with those that are not collected within 28 days being disposed of. All removal, storage and disposal costs will be recovered from the A-Board owner with the cost of removal being £200, storage being £5 per day and disposal being £115.

Further information

For any queries, questions or for further information please contact aboards@eastriding.gov.uk or call (01482) 393939 and the team will be happy to help.

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