Fly-posting

What is Fly-posting

Fly-posting although difficult to define is generally taken to be the display of advertising material on buildings and street furniture without the consent of the owner.
 

It can be divided into three broad types

  1. Adverts primarily for local events, often photocopies put up in large numbers on a regular basis. These may advertise bands playing in pubs, car-boot sales and fairgrounds. They may be attached to lampposts, railings, and street furniture or pasted on buildings.
  2. Posters advertising the products of large organisations and put up by professional poster companies. These are usually larger (8/16 sheet), higher quality, colour posters, such as for record releases or national events. These are often pasted on vacant buildings and signal control/telecoms boxes.
  3. Posters displayed by pressure groups or political bodies. These are generally ad hoc and sporadic with no clear pattern to their location.

There are other types of unauthorised advertisements (such as hoarding, ‘A’ boards and business cards displayed in telephone boxes) which fall outside the normal definition of fly posting.

What happens if I Fly-post? 

Section 224(3) of the Town and Country Planning Act 1990 makes it an offence for any person to display an advertisement in contravention of the Regulations. The relevant regulations are the Town and Country Planning (Control of Advertisements) Regulations 1992 (the Advertisements Regulations). Where an offence is proven the contravener shall be liable on summary conviction to a fine up to £1,000 and, in the case of a continuing offence, £100 for each day during which the offence continues after conviction.

Under Section 224(4) a person shall be deemed to display an advertisement if they are:

  • the owner or occupier of the land on which the advertisement is displayed; or
  • the advertisement gives publicity to his goods, trade, business or other concerns.

Removal of Fly-posting

Rather than prosecute via the magistrates court under Section 224 of the 1990 Planning Act, Section 225(1) allows Local Planning Authorities to remove or obliterate any placard or poster displayed in contravention of the Advertisements Regulations. This can be done:

  • without notice where it does not identify the person who displayed it and he cannot be identified after reasonable inquiry, and
  • after providing two days notice where this information is given on the poster.

Report Fly-posting

If you would like to report Fly-posting please contact the Street Scene Hotline on 01536 464242.

If you have any comments on Fly Posting please contact us