A licensee of premises in Eastwood has pleaded guilty to eight offences of fly-posting committed throughout Amber Valley, following a successful prosecution by Amber Valley Borough Council at Southern Derbyshire Magistrates’ Court yesterday.
Malcolm Allured (62) was ordered to pay a fine of £400 (£50 for each poster), costs of £320 and a victims' surcharge of £15. The magistrates also made a collection order.
Mr Allured is the licensee and occupier of premises known as Miles From Nowhere (MFN) at Shipley Gate in Eastwood. The advertisements that were the subject of this prosecution advertised events held at MFN.
The legislation that controls the display of advertisements clearly sets out certain types that can be displayed without consent. Any others cannot be displayed without the express consent of the local planning authority, which in this case is Amber Valley Borough Council.
No application was made to the Council for consent to display the advertisements. They were all affixed to highway structures and as most of them, when displayed, obscured or hindered traffic signs; it is very unlikely that consent would have been granted.
Simon Gladwin, Head of Landscape Services at Amber Valley Borough Council said:
“Fly-posting is inherently dangerous as the advertisements can distract motorists and road users. All of these signs were affixed to highway structures adjacent to main roads. Fly-posting also has a negative effect on the environment and can create litter problems if the advertisements are not removed and disposed of.
“Last year certain parts of Amber Valley were saturated with fly-posters and the Council received many complaints. Considerable time and resources were taken up in dealing with and removing the advertisements. In the Council’s view fly-posting shows a complete disregard for public safety and the environment.
“Mr Allured has been summonsed with these offences because although he may not actually have put the advertisements up, the legislation states that a person is deemed to display an advertisement if it gives publicity to his goods, trade, business or other concerns. We contacted Mr Allured on a number of occasions warning that it was a criminal offence to display advertisements; however they continued to be displayed, leaving the Council with no choice but to prosecute. We hope this prosecution sends a clear warning that we will not hesitate to take action against illegal fly posters.”
Ends.
For more information please contact Lisa Garnham, PR and Communications Manager at Amber Valley Borough Council, on 01773 841655.
Notes for editors
Specific details of the eight offences are as follows:
1. A sign attached to a lamppost adjacent to Station Road at Langley Mill advertising an Auto Jumble at MFN. This sign was observed and removed on 29 August 2007.
2. A sign attached to a lamppost adjacent to the A610, heading from Langley Mill towards Codnor, again advertising an Auto Jumble at MFN. This sign was observed and removed on 5 September 2007.
3. A sign attached to a lamppost adjacent to the service road leading to the Tesco supermarket at Heanor advertising a band called “Dizzy Lizzy” at MFN. This sign was observed and removed on 23 September 2007.
4. A sign attached to the crossing post at the traffic light cluster at Heanor, again advertising the band called “Dizzy Lizzy” at MFN. This sign was observed and removed on 24 September 2007.
5. A sign attached to a traffic sign adjacent to the lay-by next to the A61, Chesterfield Road, Alfreton advertising an Auto Jumble at MFN. This sign was observed and removed on 27 September 2007.
6. A sign attached to the railings at the traffic light cluster at Heanor directing potential customers to an Auto Jumble at MFN. There were also identical signs on the signpost adjacent to the traffic light cluster and on the traffic light itself. These signs were observed and removed on 2 October 2007.
7. A sign attached to a lamppost on the grassed verge adjacent to the service road leading to the Sainsbury’s supermarket at Ripley advertising the band called “Dizzy Lizzy” at MFN. This sign was observed and removed on 4 October 2007.
8. A sign displayed against a traffic sign adjacent to the lay-by next to the A61, Chesterfield Road, Alfreton advertising an Auto Jumble at MFN. This sign was observed and removed on 26 October 2007.
