Advertising on the highway

All advertising boards on the highway are obstructions, however those displayed in accordance with the conditions below will be acceptable to the Authority. Items placed in breach of these conditions may be viewed as unreasonable and could be subject to the procedures described in Section 4 below. The procedures and requirements specified within this guide may be modified, altered or amended at any time.

The guidance below has been produced to provide a reasonable balance between commercial needs and the needs of highway users, and to confirm the conditions where advertising boards on the highway will be permitted without compromising the safety of highway users.

By introducing this approach it will not be necessary for traders to apply for a licence to place an advertising board, but their co-operation in observing and abiding by the conditions of this guide will be essential. It is important that the number, size and positioning of advertising boards are regulated. If not, then they can create hazards for the highway users particularly for those with impaired vision, mobility problems, the elderly or those with young children.
 

Freestanding advertisement boards ("A" boards)

The following conditions apply to the placing of freestanding advertising boards on the highway and must be met in all cases. For the purposes of this guidance, public highway includes carriageway, footway and grass verges maintained by West Berkshire District Council.

Any other structure not covered in this guide is not permitted. This includes, but is not limited to, displays, newspaper stands and other shaped advertising features.

General conditions

All other alternative ways of advertising the business should be considered first, including signage attached to the business premises, displayed in the shop window, or safely on private land.

Only one advertising board will be permitted per premises, even where there is multi-occupancy.

Any advertisement must relate only to the normal business of the trading establishment and placed outside the business being advertised.

All advertising boards must be temporary in their nature so that they can be easily removed, that is, require no excavation to install or remove.

All signs and boards must not cause a visual distraction or obstruction to vehicle sight lines or block visibility for highway users.

Signs and boards must not have a detrimental effect on the fabric of the highway. All signs and boards must be removed by 17.00 hours each day by the premises to which they relate.

All signs and boards must not be displayed when there is snow or ice on the pavement, in order to prevent a hazard and to assist those clearing pavements.

If a premises has a current licensed street café then any advertising should be contained within that agreed café area and not outside that area.

Any advertising boards will be the owner's responsibility when placed on the public highway and the Highway Authority will not be liable for any injury or damage caused to highway users.

All businesses are responsible for dealing with claims for damage to property or personal injury caused by or arising from advertising boards that are displayed on the highway. If legal liability is established, businesses will be responsible for any compensation awarded in respect of a successful claim. Compliance with these guidelines will not relieve you of the responsibility and you are therefore required to have a policy of public liability insurance in place with a limit of indemnity of not less than £5 million in order to deal with any such claims that may arise.

All District Council planning authority approvals must be obtained (if appropriate).

Placement of the advertising board

Advertising boards must be able to be easily detected by the visually impaired and negotiated by those with mobility difficulties or using wheelchairs.

Advertising boards must not be fixed to lamp columns, bollards, seats or other items of street furniture.

All advertising boards must not be located within 2.0 metres of any other permanent or temporary sign, pillar, post, item of street furniture or other display.

All boards must be located alongside the edge of the shop/business frontage (the highways team can in rare cases grant special permission for other locations on the highway).

A clear Pavement width of 2.0 metres is required (in some cases a minimum clear width may be permitted by the highways team).

All signs and boards must take into account the other needs of the area, e.g. bus stops, pedestrian crossings, etc. in relation to their positioning. In areas of high volume pedestrian flow, for example: near schools or in certain pedestrianised areas, the placing of advertising boards may not be allowed.

The highways team will make a decision in such cases. All advertising boards must not be placed within 2.0 metres of any tactile paving or within 2.5 metres in pedestrianised areas.

The advertising board - dimensions and design

Advertising boards must be no wider than 800mm and no higher than 1000mm above ground level.

Rotating or swinging signs will not be permitted.

All items must be presented in an attractive, professional manner and the content of the advertisement must not be offensive.

Signs and boards must be stable and not present a potential danger to any highway users. Advertising boards must not have anything attached to them - for example balloons or flags.

Events, markets and filming on the highway

This guide may be temporarily suspended at any time when an authorised event or authorised special activity is taking place (or due to take place) and an "Advertising Board curfew" introduced. Every attempt will be made to provide notice to those businesses affected. The notice to businesses will include the start and end time of the curfew.

Summary

West Berkshire District Council as the Highway Authority may require immediate removal of any feature if requested by a Police Officer or with other reasonable cause including the need for access to maintain the highway. In addition, nothing within this guide limits the powers or duties of the Highway Authority under the Highways Act 1980 and other legislation.

Process to be followed for the removal of advertising boards

Following complaints, or as part of a routine inspection, we will check to see if advertising boards comply with this guidance.

We want to keep the pavements safe, accessible and attractive to all road users and will make reasonable requests whenever we fell the guidance is not being adhered to. The owner may be requested to remove or reposition the board in accordance with this guide.

Any advertising board which does not comply with this guide may be removed from the highway and retained. We will remove items under common law powers and this may be done without notice.

Any advertising boards removed from the highway will be taken to the Council's Term Contractors Depot at Chieveley and stored outside. If the items are not collected within a period of one month they may be disposed of.