Frequently Asked Questions on Fly Posting
What is Fly Posting?
It is the unlawful advertising of an event, service or
business by affixing posters, signs, pictures, notices, etc to any
permanent fixture such as a railing or a lamp-post, in or on the
highway, or on a tree.
What are the common forms of Fly Posting?
Most commonly, a poster is tied or fixed to a column or
railing, or it is pasted on to a flat surface, such as on a disused
building, waste bin, bus shelter, phone booth or telephone company
panel.
What about marking the road surface?
Flyposting also includes marking the surface of the highway
itself, i.e. by painting words, on the surface of the road or
pavement.
What legislation covers Fly Posting?
Section 132(1) of the Highways Act 1980 and Section 224(3) of
the Town and Country Planning Act 1990 and the Anti-Social
Behaviour Act 2003.
What is the punishment for Fly Posting?
The offence is punishable by a fine not exceeding £100
and, in the case of a second or subsequent conviction, a fine not
exceeding £200. The legislation also gives Peterborough City
Council the power to remove any such poster or mark. A fixed
penalty notice of £50 may also be issued for those offences
under the Anti-Social Behaviour Act 2003.
How are the offenders notified?
The Environmental Enforcement Officer will normally write to
the person/business apparently responsible to inform them of an the
apparent offence, and issue a Fixed Penalty Notice.
What happens if the notification is ignored?
It will result in
further prosecution if the posters are not
removed. If, after a reasonable amount of time, they are still not
removed, then the Council may remove them and recharge for the cost
of doing so.