Council issues warning as local business lands hefty fine for third offence

Amber Valley Borough Council has issued a warning to Derbyshire businesses following the recent prosecution of a Derby firm. 

Elite Spray Tech in Derby landed a £1,782 fine after persistent flyposting in the borough. 

Fly posting is fixing posters or similar advertising materials on any surface where no permission has been given, for instance on lampposts, windows or surfaces of buildings, railings or other street furniture. 

The prosecution followed the firm’s third offence.  

Elite Spray Tech attached posters to street railings in Langley Mill and a lamp post at Smalley Cross in Morley for which the firm was served with Fixed Penalty Notices. A third offence went straight to prosecution after another poster was affixed to a lamp post this time at Ecclesbourne Meadow in Duffield. 

Mr Wayne Archibald, owner of Elite Spray Tech, entered no plea and was found guilty in his absence.   

The case was heard at Derby Magistrates Court. 

A fine of £1000.00 plus costs and a victim surcharge resulted in a total of £1782.00. 

Ben Adams, Head of Regulation at Amber Valley Borough Council said: "Fly posting left unchecked can result in an area looking uncared for and lead to a perception of increased criminality in an area.   

"Amber Valley Borough Council prioritises cleaner, greener environments for its residents and as part of this policy is vigilant when it comes to fly posting. This was the businesses third offence in the borough of Amber Valley. The prosecution is in line with our enforcement policy." 

Councillor Elaine Sherman, Cabinet Portfolio Holder for Regulation and Community Safety, said: "Fly posting is a blight on our communities that diminishes local environmental quality, contributes to distracting road users, and disadvantages compliant businesses.  

"Attempts to advertise in this manner by randomly placing unauthorised posters in prominent positions creates unnecessary clutter in our street environment and can present a potential danger to all road users by affecting lines of sight and causing a distraction.   

"We have a very clear stated aim at Amber Valley to provide clean, green, and safer environments for our residents and visitors.   

"We will continue to enforce the law in a proportionate manner to support this aim." 

To report fly posting in Amber Valley, complete the online form www.ambervalley.gov.uk/environment/fly-posting/ call the helpline on 01773 841335 or email landscapeservices@ambervalley.gov.uk.   

Need further help or information?

Contact the team directly on 01773 570222 or email enquiry@ambervalley.gov.uk