Fly posting is the displaying of any advertising signs on buildings and street furniture without the consent of the owner. A sign can be a poster, a notice, a sticker, or an advertisement of any kind.
Havant Borough Council is responsible for removing fly posting from public buildings and street furniture and is able to act on behalf of Hampshire County Council in relation to flyposting on highways.
Permission to erect banners or bunting over or upon the highway can be sought from Hampshire County Council as the Highways Authority for the area. Applicants will need to be mindful that the content and size will have to be compliant with the relevant planning regulations in the area
The removal of fly posting on private buildings is the responsibility of the property owner.
Havant Borough Council can serve a notice that the advertisements must be removed within 48 hours, issue a £80 Fixed Penalty Notice for each sign, or remove them and claim back the costs for doing so.
We are committed to supporting events signage, where events are arranged in connection with fundraising for genuine charitable or voluntary organisations or community groups.
Please note the following general guidelines for advertisements and signage:
- We would not expect any sign or advertisement to be erected more than 21 days in advance of the start of the event.
- No temporary sign should obstruct any other existing signage, temporary or permanent.
- Only a reasonable number of signs may be displayed - normally no more than 5-10.
- We would normally expect any sign or advertisement for a charity or community event to include the name as well as one of the following additional pieces of informationl address telephone number or a valid web address.
- In the case of signs we regard as acceptable, we expect the signs together with any metal or plastic ties or string used to attach the sign to be removed within 48 hours after the end of the event. In any case they must be removed within 14 days from the end of the event otherwise the council will either issue a £80 Fixed Penalty Notice for each sign still on display or will remove the sign(s) and claim back the cost of removal from the originator or beneficiary of the sign or from the company which put the signs up.
- In the case of signs which we do not regard as acceptable, these shall be promptly removed or the originator of the sign(s) will be contacted by Havant Borough Council and given 48 hours to remove the sign(s). If a sign is not removed within 48 hours the council will either issue a £80 Fixed Penalty Notice for each sign or will remove the signs and claim back the cost of removal from the originator or beneficiary of the sign or from the company that put the signs up.
- Any sign removed by Havant Borough Council may be disposed of without reference to the originator. Havant Borough Council shall not be responsible for storing signs, for any damage caused to the signs or for returning signs to the owner.
- In terms of 'A' boards located outside premises on the pavement, these are regulated by Hampshire County Council. For more information, contact Hampshire County Council.
Signs on private land
It is permissible to place signs or advertisements on private land with the permission of the landowner. Advertisers are encouraged not to keep such signs up for more than 21 days in advance of an event and to remove them promptly, ideally within 48 hours, of the event concluding.
Powers and the capacity to enforce
The Town and Country Planning Act 1990 (section 224) creates an offence of displaying an advertisement without consent. It is punishable by a fine of up to £2,500. The Highways Act 1980 section 132 (1) A person who, without either the consent of the highway authority for the highway in question or an authorisation given by or under an enactment or a reasonable excuse, paints or otherwise inscribes or affixes any picture, letter, sign or other mark upon the surface of a highway or upon any tree, structure or works on or in a highway is guilty of an offence. This means that any sign not given consent by Hampshire County Council's Highways department is a fly poster even if staked into the ground or hung from a street light, pedestrian railings etc.
Havant Borough Council can serve a notice that the advertisements must be removed within 48 hours, issue a £80 Fixed Penalty Notice for each sign or remove them and claim its costs of doing so. This only complies to signage that does not comply with the council's guidelines.