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The County Council wishes to see local businesses flourish. It acknowledges that one method that some use to attract custom is by advertising their existence through the use of “A” boards or other signs whilst others choose to display the goods they have for sale outside their premises. Such features have been part of the street scene for many years and attractive exhibits can enhance the distinctiveness of Cheshire’s market towns. This ambience can be further enhanced by creating a ‘continental’ feel through the establishment of ‘al-fresco’ facilities on the highway.
However, the County Council needs to balance its support for new and existing businesses against the its role as highway authority. In particular, the Council has a duty to protect the rights of the public to enjoy full unobstructed access over the public highway.
The ad-hoc placing of signs and goods can create real difficulties for some users, particularly those with impaired vision or mobility problems. Often, these are the very people that businesses are trying to encourage to visit their premises, but the existence of inappropriately placed signs etc can actually prevent them from doing so.
There are several sections of the Act which enable the County Council to take action to remove unauthorised features that have been placed on the highway. These are;
• s132: Power to remove signs from the highway
• s143: Power to remove structures from the highway
• s149: Power to remove things deposited on the highway
In addition it is an offence to deposit things on the highway without authorisation and the County Council is empowered to prosecute offenders. Technically, anything located on the highway without the express permission of the County Council could be classed as being an obstruction. This applies to both permanent and temporary features. As a result, the scope of this section has been extended to encompass related matters such as goods placed on the highway and ‘al-fresco’ refreshment areas.
‘Accepted’ signs: Whilst they are not officially approved, signs that advertise events organised by recognised community groups, which are ‘not for profit’ and are for the benefit of the community are permitted on the proviso that they do not constitute a hazard to road users. Typical examples might include banners advertising village rose fetes and charity firework displays organised by say, the local Rotary Group.
Goods on the Highway - The County Council does not have a policy which specifically relates to the management of goods placed on the highway. Where enforcement action is needed, the existing primary legislation is utilised (s143, s148 and / or s149 of the Highways Act 1980).
Section 143 does have a significant drawback in that enforcement action can only be taken one month after a notice has been served on the person who has placed the items on the highway. More immediate action can be taken under s149, but officers must be satisfied that the object deposited on the highway constitutes a danger.
Due to these restrictions, enforcement action is rare, although it has been carried out in some cases. In addition, prosecutions have been threatened but no proceedings have been brought in recent years. In part this is because offenders have complied with requests to remove obstructions but also direct enforcement action is of more immediate effect bearing in mind that a prosecution in itself does not operate to remove the obstruction.
Area Highways Offices do receive regular complaints regarding ‘illegal’ features. Officers have taken and will continue to take action when specific problems are reported or they observe features which, in their opinion, present a clear and immediate hazard to road users. However, not all signs / goods present a danger to road users.
There is an added complication when it comes to seizing goods as before any action is carried out, consideration has to be given to;
· Where will the goods would be stored?
· How will they be transported there?
· What arrangements will need to be put into place to ensure they are secure?
· Are the goods are perishable?
· Whether the County Council may be held liable if they are damaged, either when removed, in transit or whilst being stored?
Goods on the Highway - From both a legal and practical perspective, there are few differences between proprietors placing ‘A’ boards on the highway and them displaying goods they have for sale outside their premises. Hence, most of the issues and options relating to the A Boards that were outlined in the preceding section are applicable to the display of goods on the highway.
However, there are a number of additional factors that need to be taken into account when considering this particular aspect. For instance, it would not be appropriate for alcohol to be displayed for sale nor would it be sensible for potentially hazardous materials such as gas bottles to be placed on the highway. Hence, in addition to the conditions relating to the placing of ‘A’ Boards, it is suggested that a number of additional controls on the display of goods on the highway be introduced.There are three main types of permission which may have to be obtained before tables and chairs may be placed on a part of the highway:
- Planning Permission and Listed Building Consent may be required from the District Council for the use of the land or building for a café. There is a fee for this and planning approval must have been granted before an application will be considered by the County Council (see Planning Applications).
- a licence will be required from the County Council as the Highway Authority, to put tables and chairs out on a public highway, whether it be on the street or a pavement or a pedestrian area. There is a fee for this, payable before a licence can be issued (please use this link to view the current fees)
- Information relating to street trading licences
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