Monday, August 23, 2010

Legal advice needed on advertising a business on your own premises?

Hi, a friend of mine is a self employed builder. He has put up a proffesionally designed sign on his wall facing the road to advertise his building services. He has got a letter from the local council stating he is breaking laws and must take it down within 7 days or they are taking him to court.





Why does he have to take it down? What are the laws regarding this and how can he get round it?





Any advice would be very helpfull as you see peoples signs everywhere.Legal advice needed on advertising a business on your own premises?
It is because he is breaking planning regulations.





The current powers of local authorities over outdoor advertisements are set out in the Town and Country Planning Act 1990 (principally sections 220-225) and the Town and Country Planning (Control of Advertisements) Regulations 1992. The legislation appears complex, especially on first reading. A good free summary, 'Outdoor Advertising and Signs, a Guide for Advertisers' was published by the Department of the Environment in 1989 and is currently under revision to incorporate the 1992 Regulations.





Some particularly relevant sections in the 1992 Regulations are the following:





Regulation 7, which gives the Secretary of State for the Environment the power to bring under direct planning control the display of any advertisements which normally do not require the Local Planning Authority's consent.





Regulation 8, which gives a Local Planning Authority powers to discontinue the display of an advertisement which initially did not need to obtain express consent.





Regulation 27, which defines liability and fines in cases of contravention of the Regulations.





Additional considerations relating to listed buildings and conservation areas are contained in the Planning (Listed Buildings and Conservation Areas) Act 1990.





Under section 224(3) of the Town and Country Planning Act 1990, any person who displays an advertisement in contravention of the 1992 Regulations shall be guilty of an offence. Under the provisions of the Criminal Justice Act 1991 and the Planning and Compensation Act 1991, such a person is liable on summary conviction to a fine not exceeding 拢1,000 and 拢100 for each day during which the offence continues after conviction





Advertising is generally considered to be out of place in any predominantly


residential location and will not normally be allowed. However, carefully


designed and positioned advertisements may be allowed in some areas.





The following guidelines often apply, although local application does vary and you need to check with your local authority:


鈥?Advertisement panels and hoardings should generally not be located in


predominantly residential areas or streets,


鈥?Advertisement panels and hoardings are inappropriate on wholly


residential buildings, or on the residential part of a building.


鈥?Poster advertising may be acceptable when it relates to the scale of


surrounding buildings and is not visually intrusive.Legal advice needed on advertising a business on your own premises?
I would go and see a solicitor about this, they should be able to say if putting up these signs is against council rulings.





Councils employ full time solicitors and it is unlikely they would would bring a case if they thought they would lose! i.e. if the solicitor employed by the council brings cases that lose he will get a bollocking from the employer!





With respect, you do not see these signs everwhere. I dont have a sign on my wall advertising a company, neither does anyone else I know of!





You ask ';how can he get around it'; . Go and see a solicitor.
He put it where?


On his business site or his home?


On his home there is probably an ordinance against it. On his business maybe ,maybe not.


Down here you can operate a business from home as long as it does not create a traffic hazzard, which translates to ten or more cars a day.With a sign.
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