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a guide to improving your local environment - Keep Britain Tidy

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Highways Act 1980, s.132<br />

It is an offence for any person <strong>to</strong> paint, or otherwise<br />

inscribe or affix any picture, letter, sign or other mark<br />

upon the surface of a highway or upon any tree, structure<br />

or works on or in a highway, without the consent of the<br />

highway authority or authorisation under legislation or<br />

reasonable excuse. Authorities also have the power <strong>to</strong><br />

remove posters without notice.<br />

www.encams.org<br />

What are the flyposting penalties<br />

Fixed Penalty Notices of £75 (or any other amount<br />

specified <strong>local</strong>ly between £50 and £80) can be issued by<br />

<strong>local</strong> authorities for flyposting offences.<br />

Flyposting is illegal and those responsible can also be<br />

prosecuted through the Magistrates’ Courts. Where an<br />

offence is proven fines of up <strong>to</strong> £2,500 can be issued and,<br />

in the case of a continuing offence, £50 for each day<br />

during which the offence continues after conviction.<br />

One of the main problems associated with prosecution is<br />

identifying those parties against whom action can be<br />

taken. A beneficiary might be the owner or occupier of<br />

the property on which the advertisement is displayed, or<br />

the person <strong>to</strong> whom the advertisement gives publicity for<br />

goods, trade, business or other concerns.<br />

Companies involved in flyposting and those using it as a<br />

medium for advertising often seek <strong>to</strong> disguise the origin<br />

of the poster, making it difficult and time-consuming for<br />

the <strong>local</strong> authority <strong>to</strong> track down a beneficiary.<br />

FLYPOSTING<br />

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