CORNWALL COUNTY COUNCIL ENVIRONMENT POLICY DEVELOPMENT AND SCRUTINY COMMITTEE

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1 CORNWALL COUNTY COUNCIL ENVIRONMENT POLICY DEVELOPMENT AND SCRUTINY COMMITTEE COMMUNITY ADVERTISING FOR BUSINESSES IN CORNWALL SINGLE ISSUE PANEL August 2007

2 CONTENTS Executive Summary and Recommendations 1. Recommendations 2. Introduction 2 3. The Panel s Findings 3 4. Conclusions 24 Appendix 1 Summary of the Terms of Reference 25 Appendix 2 Panel Members and Meetings 28 Appendix 3 Witnesses 29 Appendix 4 Key Points from Truro City Centre Visit 30 2 April 2005 Appendix 5 Written response from Mike East, 35 North Cornwall District Council Appendix 6 Cornwall County Council Procedure Note 39 Unauthorised Signs on the Highway

3 EXECUTIVE SUMMARY Over the last 2-3 years there has been a notable increase in the amount of unauthorised advertising material being placed on, or adjacent to the highway. This varies from fly posting on the back of road signs, to trailers specifically designed to be left on or adjacent to the roadside and has led to increasing concern within the County Council, District Councils and from the general public. The removal of unauthorised signing is a controversial service area. In the past, programmes of work to remove signs have generated adverse comments from businesses and events organisers. The organisers of smaller events in particular often feel aggrieved as the display of signs and or flyers in the locality are often the only publicity for their events. Prior to the work of the Single Issue Panel on Advertising Signs on, or Adjacent to the Highway the County Council did not have a formal documented policy for dealing with unauthorised signs, resulting in an inconsistent approach to enforcement. The Panel met on several occasions and recommended a policy which was endorsed by Environment Policy Development and Scrutiny Committee on 9 May 2006 and approved by the Executive on 12 July The Chairman of the Single Issue Panel reported that the Executive had adopted the Panel s recommendations and had also asked whether the Panel could examine possible methods within existing legislation and policies of helping businesses to advertise as to do so was often crucial in maintaining their current and future viability. As a result a further panel was set up to consider the issue. Whilst the Panel considered advertising signs in their broadest context it was apparent that the main area that was contentious related to signing close to businesses, typically A-boards in town and village centres. A varied selection of witnesses gave testimony to the Panel, and a site visit to Truro was undertaken, and in particular a number of businesses who considered that the use of unauthorised signing was vital to their viability. The Panel also acknowledged that there are a range of views on what constitutes an acceptable standard for advertising material. It also felt that in some cases businesses could do more to advertise legally. However the Panel recognised that the legislation relating to advertising is complex; the application process long winded and expensive and the risk of enforcement limited. This has created an environment where some businesses see enforcement by the local authorities as disproportionate and unfair

4 RECOMMENDATIONS The Community Advertising for Businesses in Cornwall Single Issue Panel recommends that: Local businesses should be encouraged to work in partnership with other businesses and committed organisations in their area, such as Chambers of Commerce, Town, Parish and District Councils to address the issue of advertising for their specific areas to support Community Networks for the formation of a Unified Authority and represent local interest. The Community Area Networks will also be encouraged to work with and support this partnership to benefit the local economy and promote the local businesses. The following suggestions will enhance advertising opportunities and the street scene and help to discourage the present proliferation of A-frame advertising boards which can cause an obstruction or a safety issue:- - local businesses and communities working together locally to display information about the towns, and, where possible, maps, at entry points to the town, such as car parks, bus/railway stations; - adding to the distinctiveness of local towns by locating sign posts at strategic points, adding to the street-scape and identity of towns; - suggesting that local businesses work in partnership to provide boards on the entrance walls to the Mews/Opes and markets, indicating the different businesses located therein. Community Network Areas may like to consider the notion of licensing to ensure communities hold local control

5 1.0 INTRODUCTION 1.1 On 17 October 2006 the Community Policy Development and Scrutiny Committee considered the terms of reference for the establishment of a Single Issue Panel to address the issue of community advertising for businesses in Cornwall. As a result, the Community Advertising for Businesses in Cornwall Single Issue Panel was established and met for the first time on 14 February The Committee set out the following objectives for the Community Advertising for Businesses in Cornwall Single Issue Panel: 1. To identify types of community advertising used by businesses in Cornwall 2. To develop a dialogue with District Councils as to what facilities could be provided to help businesses advertise legally. 3. To identify constraints of advertising legitimately with businesses throughout Cornwall. 4. To consider opportunities for Cornwall County Council to play a role in improving legal advertising possibilities for businesses in Cornwall. 1.3 This report summarises the evidence gathered by the Panel and sets out the conclusions and recommendations that were drawn by Panel Members following their investigations

6 2.0 THE PANEL S FINDINGS In order to fully investigate the issues surrounding business advertising in Cornwall the Panel reviewed a multitude of information and evidence supplied by expert witnesses. The issue provides a number of complexities in terms of the law, the roles and responsibilities of various authorities and the costs incurred through implementation. The key issues identified and examined by the Panel are detailed below: 2.1 What is Business Advertising? Throughout the course of the investigations it became apparent that the types of signs commonly used by businesses were not simply of one type. Photographic evidence of advertising signs in Truro City Centre and publications such as Outdoor advertisements and signs: a guide for advertisers prepared by the Department for Transport, highlighted to Members of the Panel, the variety of signs that were currently used to advertise. Given the evidence received and the Panel s purpose, it was decided to identify forms of advertising most commonly used by businesses in Cornwall. Following a number of discussions the Panel grouped these signs into the following categories: KEY ISSUES IDENTIFIED The Panel have identified the following categories of advertising signs: Commercial banners and signs Community One off events Trailers and other vehicles A-Frames Flyposting on highway furniture 2.2 What is the County Council s Legal Position? The Highway Authority (Cornwall County Council) has a duty to keep the public highway clear of obstruction and encroachments which may affect the safety of the public when using the highway. Under this duty, the County Council has the power to remove or to take action against anyone who persists in placing unauthorised advertising signs on, or adjacent to the highway. The Panel was advised that these powers are set out though the following Acts and Regulations: The Highway Act 1980 (Sections 130, 132, 137, 143, 148, 149, 152, 154, 161, 178) - 3 -

7 Town and Country Planning (Control of Advertisements) (England) Regulations 2007 Disability Discrimination Act 1995 Common Law powers The process for using the various powers varies with the legislation, and the sections within the respective legislation. Under some sections of the Highways Act unauthorised signs can be removed without notice by the highway authority; however sections require legal notice serving, and the planning legislation requires a different enforcement method. KEY ISSUES IDENTIFIED Through their discussions the Panel concluded that: Enforcement is important where highway safety is compromised. Where there is a proliferation of signs, that individually would not present a problem enforcement may be necessary. Carrying out enforcement is not easy, and there needs to be a commitment to fair enforcement principles. Consistency is important in undertaking enforcement which can have a more significant impact on some businesses. The Council has no clear position in relation to enforcement of unauthorised advertising on Highway land The Council as Highway Authority has the legal power to control advertising, however it does not have the resources or clear policy 2.3 When is a sign not the responsibility of the County Council? Cornwall County Council is the Highway Authority for Cornwall meaning that it is the body responsible for maintaining the highway where it is maintainable at public expense. There is no comprehensive statutory legal definition of a highway but the limited definition in section 328 of the Highways Act 1980 defines it as: whole or part of a highway other than a ferry or a waterway, including bridges or tunnels that are maintainable at the public expense. The Panel identified that although the County Council was responsible for the County s roads, verges and footways adjacent to the highway, this did not enable - 4 -

8 the Council to enforce removal of signs which had been erected on private property adjacent to the highway i.e. in fields. The Panel heard that the County Council had no direct control over the removal of these signs and that these signs would need to be tackled by the district councils under their planning powers as these signs were located on private property and required planning permission under the Control of Advertisements Regulations Throughout the course of the Panel s investigations it became apparent that there was some confusion between the Districts and the County Council as to who was responsible for the removal or enforcement of removal in some areas. If signs were placed adjacent to the highway then it could be addressed by either the County Council or the respective district/borough council. It was often the case that due to this uncertainty each assumed the other would take action and in some instances this resulted in no action be taken by either authority. It should also be noted that the legal processes of enforcement vary depending on the legislations used. Panel Members felt concerned that these unclear boundaries were actually enabling unauthorised signs to be freely erected without any consequence, and felt that it was of utmost importance that a dialogue should be established with the district councils to try to establish the best methods of identifying responsibility and taking action. KEY ISSUES IDENTIFIED Through their discussions the Panel concluded that: The issues surrounding enforcement by the County Council as Highway Authority or the District Council as Planning Authority need to be clarified. With the One Council proposals being accepted by the Department for Communities and local Government it would appear that there is a need to develop an enforcement strategy based on best practice currently in place. A task and finish group has already been established to consider planning and licensing and this should form part of their remit. 2.4 What is the Council s Current Enforcement Position? The County Council s enforcement policy for signs, in its role as highway authority, was developed through the 2005/06 Single Issue Panel. This represents a compromise between those who would seek more enforcement and those who consider that too much enforcement is not in the best interest of Cornwall s business community. The County Council is only responsible as Planning Authority for dealing with advertisements that are promoted individually or jointly by the County Council on its own land. These are controlled in accordance with the Control of Advertisements Regulations The issue of enforcement therefore does not arise in these circumstances as any breaches of control are an internal management issue for the Council

9 KEY ISSUES IDENTIFIED Amended government guidance seeks to clarify what is acceptable The County Council as Planning Authority is only responsible for its own advertisements and as such does not require an enforcement policy 2.6 Members visit to Truro City Centre 2 April 2007 On Monday 2 April 2007 members of the Community Advertising for Business Single Issue Panel along with Mark Stephenson (Assistant Director, Highway Management) and Peter Tatlow (Divisional Surveyor) from PT&E met to visit Truro City Centre and meet with local businesses that have been badly affected by the recent removal of the A-frame advertising boards as well as observe other means of local advertising and look for other possible opportunities (for full report see Appendix 4). During the visit examples of good and bad practice were observed and can be seen below: It was widely agreed that the board of shop names (see picture) was a very useful tool as you enter the small cluster of shops in an area and something similar to this example maybe able to be considered in other areas. These examples are led by the premises owners. Noticeboards in Town/City centres are sometimes out of date and in need of updating. Members and Officers regard these boards as a good way to help businesses advertise in the future. It would be beneficial to adapt these boards to each shopping area rather than the whole town or city

10 Examples such as this were witnessed during the visit. This was a clear obstruction of the footway. This is especially difficult for disabled pedestrians and prams. Meeting the Business owners The Panel Members met with three businesses affected by the instructed removal of A-frame advertising boards from the footpaths and pedestrian areas. It was clear from the discussions that businesses considered that passing trade was essential for their business success and the A-boards facilitated this. Overall the visit to Truro City centre was seen as hugely useful. One very clear message from this visit was the need for consistent and tasteful signing from the visitor arrival points into the shopping areas. Mr Tatlow highlighted the need for an audit to be carried out for this reason but the funds do not exist for this to come to fruition. Since the Panel concluded its work, Truro has been successful in achieving Business Improvement District Scheme which has amongst its objectives improved signing. This will be funded from the BID, which in turn is funded from and led by the business community. It is important to remember that although this visit was centred in Truro these issues are apparent across the whole County. KEY ISSUES IDENTIFIED The need for clear, consistent and tasteful signing. Small and local businesses very much depend on A-frame advertising boards to attract the passing trade. The use of communal advertising space was seen as an example of good practice and something that should be encouraged across the County A common sense approach to enforcement should continue to be adopted for those businesses not causing an obstruction with A-frame boards

11 2.7 Evidence from other Organisations Karl Roberts, Head of Development Control, Carrick District Council Karl Roberts, Head of Development Control, Carrick District Council, gave a presentation (attach in appendix) that identified Carrick s main objective for advertising was to seek a balance between stimulating the local economy and enhancing the built and rural environment. He observed that businesses had frequently not checked whether they required planning consent, hoping that the local authority was too busy to check, and that a lack of action appeared to encourage businesses to break the law. Carrick provided guidance to businesses on the types of advertising that required consent and suitable signs, and encouraged businesses to work together on mutual advertising solutions. However, in order to protect the local environment the Council was sometimes required to send out pre-emptive letters, stickers on fly-posters ( this advert is cancelled ) and, eventually, undertake prosecutions. Carrick District Council had recently held a workshop to review priorities and, in the need to balance workload against resources, advertisements were not generally a high priority. Other issues facing Carrick included advertising on roundabouts, replacing poster panels with electronic panels and, when prosecutions were pursued, these incurred a poor level of fines. Karl Roberts brought Members attention to the new Town and Country Planning (Control of Advertisements) (England) Regulations 2007, published on 29 March 2007, which were expected to have an impact on advertising; however, the Council was investigating their impact. During the discussion various points were raised, including the following:- Advertising at car parks any approach needed to be co-ordinated, such as Pydar Mews example of a board of shop names at its entrance, to prevent a plethora of street furniture. Other publicity options included street maps, produced by the City Council, pointing out key retail establishments, which could form the basis of notice-boards and reduce the need for A-frames. Trailer signs outside town there was a need to achieve the right balance to prevent the countryside becoming littered with signs but still advertising attractions. The Brown signs were considered a good solution. Signs for temporary (community) events, etc needed to balance protection of the countryside without being too over-protective/ bureaucratic. Complaints about illegal advertising although this was not a priority for Carrick District Council, at times the Ombudsman required investigation of complaints. Advertising on roundabouts in the form of sponsorship for their maintenance the advertising needed to be discreet, possibly with landscaped flower displays used to advertise a business. Bus shelters in the countryside needed to ensure a balance for the benefit of the village, with the advert sponsoring the bus shelter

12 Whether Truro, being a Conservation Area, impinged on consent issues Carrick District Council provided guidance on what was acceptable. Mr Roberts suggested the possibility of a themed approach to encourage/enhance advertising in a Conservation Area. He reported that Carrick was in the process of a bid for Truro Business Improvement District (BID), which it was planned would be advertised via a banner in Truro to encourage businesses to bid for the Truro BID and improve general awareness of this initiative. KEY ISSUES IDENTIFIED Clarity for business owners and clear guidance is needed for conservation areas Carrick District Council see joined up thinking regarding communal notice boards are seen as a good approach to legitimate advertising David Lang, Falmouth Town Centre Manager David Lang reported that, in Falmouth, there were many businesses struggling for success, with a lot on the borderline. Some of the key issues identified in Falmouth include: In two public car parks there were signs advertising the Pavilion, which were supported by Carrick District Council. Throughout the rest of the town there were several sign boards, locally produced by a carpenter, which now needed replacing. Although there was provision for businesses to apply to advertise on these sign boards for a nominal fee per annum, fly-posters were often placed on the boards, charities were allowed to advertise on these boards free of charge and a large number of public houses used fly-posters to promote bands, etc. In November 2005 the Town purchased four pergolas that could be situated at specific sites in the town for advertising, although these had not yet been used for various reasons. Mr Lang observed that fly-posting was rare on good quality sign boards. Major events took place in Falmouth on an annual basis. There were three permitted sites where banners could be erected to advertise these events and the Town Centre Manager s office received the requests. A nominal charge for the erection and removal of banners was incurred, with these funds helping the Christmas lights fund, etc. Although the Falmouth Town Centre Manager considered these banners attractive, they were specifically for events rather than businesses, and operated on a first come first served basis. The Falmouth Town Centre Manager suggested that businesses advertised on websites, which proved extremely useful, and considered smaller traders would struggle unless they used IT. He explained that Falmouth had the smallest take up of act now use IT as businesses were unaware of its benefit, although trader events were held every six weeks

13 He was concerned that the Truro BID would impact on Falmouth unless the town applied for a bid of its own. The Falmouth Town Centre Manager circulated the leaflet Take Pride in Falmouth The Falmouth Town Centre Manager agreed there was a need to help businesses. He had recently observed advertising in a local Post Office using an electronic screen and reported that he would investigate this further as it seemed a good solution to advertising for local businesses. KEY ISSUES IDENTIFIED Recourses to enforce this was seen as a problem As Falmouth is a Conservation Area, any advertising signs should be of a good quality. This is likely to apply to many towns in the County. It was widely agreed that there is a need to help businesses prosper and thrive Andrew Mitchell, Economy Portfolio Holder Andrew Mitchell, the Council s Economy Portfolio Holder, explained to the Panel that, as a District Councillor, he had been lobbied by local businesses in St Ives over their perception that there was an excessive enforcement and removal of advertising, both on the roadside and A-frames. He reported that A-frames were situated in St Ives, both directly outside the shops they advertised as well as at the end of alleys, directing the public to the shops. Highlighting that enforcement regulations were not consistent across the County, he suggested the need for the County Council to work with District Councils to agree one approach across the whole County. The Economy Portfolio-Holder also felt that the District Councillors had different views on advertising, and lobbying by local communities had varying impacts depending on the Councillor, and he considered that there was a need to set consistent rules. The Economy Portfolio Holder gave the following responses to the written questions posed by the Panel: 1. In your experience are unauthorised signs a problem? Yes, although Councils had been a little too intolerant. In towns there had been a conflict with advertising signs on the roadside, causing congestion in the streets. 2. What do you believe is a reasonable level of enforcement for Local Authorities to take against signs? There were differing views as to what was considered to be reasonable ; however, enforcement needed to be undertaken with District Councils and Local Authorities working in partnership with a justification for reasonable enforcement

14 3. How can Local Authorities help businesses advertise locally? A clear and transparent system was required, which could be selffinancing or even revenue generating. 4. Do you see it as a role for Local Authorities to help businesses advertise? Yes. Cornwall had been sold as a brand and as well as a business, which could be done strategically to encourage businesses and customers to visit the County. 5. How do you think Local Authorities should support community advertising for an event? What is a community event? Although this was covered, the Economy Portfolio Holder felt the main issue was a conflict of agreement as to what constituted reasonable enforcement. Such advertising often caused problems on the pavements for people with disabilities. 12. What are the specific problems faced by SMEs? This was best answered by FSB as it had undertaken work on this matter. The Economy Portfolio Holder suggested inviting another representative from the Federation of Small Businesses as a witness to a future meeting of the Panel to promote the Federation s work on surveys. A Member expressed concern that in Truro (and other towns) businesses were reported to be closing as a result of the enforcement of removal of A-frames as they relied on the passing tourist trade. He enquired whether an emergency solution could be found to support these businesses. The Economy Portfolio Holder suggested that some businesses were located away from the main street for different reasons, and that, possibly, they were long established in the area. He outlined the issue of the possibility of the Council subsidising businesses off the main thoroughfares, and whether it was appropriate to support one particular business in preference to another that was more successful. The Economy Portfolio Holder suggested that street furniture should be sympathetic to the area, and promoted liaison between the businesses and local Councils. 13. What is the right compromise in terms of support and enforcement? It was important for correspondence with the business before enforcement was taken. The location of the business, whether on or away from the main street, was an issue to be considered ahead of any enforcement action. In response to a Member s query, the Economy Portfolio Holder welcomed a review of the current situation regarding advertising signs and felt it was important to establish whether these signs added value. He felt the proliferation of A-frames on the high streets were not promoting businesses and caused a hazard, especially in the summer in St Ives on the main road as a result of people having to avoid traffic

15 KEY ISSUES IDENTIFIED A fair rule should be set Communal signs can be made to be attractive and consistent Rural areas such as Cornwall should be subsidised by central Government to help local businesses Enforcement regulations were not consistent across the County Federation of Small Businesses Geoff Wilson, Chairman of West Cornwall Federation of Small Businesses (FSB), Mr Wilson explained that the Federation did not have a formal policy on advertising; however, it received feedback from businesses. He observed that some businesses placed their advertising A-frames on land belonging to the business at the front of the shop. In response to a query whether the Federation could assist businesses in promoting and advertising themselves, the Chairman of West Cornwall FSB suggested holding a special meeting, either at branch or regional level, to discuss this and report back to the Panel at a later date. The Chairman of West Cornwall FSB considered that advertising guidelines for businesses needed to be kept simple and the costs down, suggesting a group of businesses contributing to a communal wall for advertising. The Federation assisted people when they asked for financial assistance, and was in the process of promoting the FSB website to its members. Panel Members suggested that the Federation provide basic IT training for those who were unable to use IT, this being promoted by the more successful businesses. The Chairman of West Cornwall FSB reported on previous work the Federation had undertaken with colleges; however, problems had been experienced with businesses requiring courses that were relevant to them but the colleges were unwilling to provide such basic training. The Chairman of West Cornwall FSB explained that the Federation was now working electronically in Cornwall. In response to a query as to how Members could help small businesses, the Chairman of West Cornwall FSB suggested that the Panel continues its work and formulates recommendations for formal policies in respect of A-frames, which should include ensuring that their numbers were minimised. He felt that electronic rolling signs could be successful, with, possibly, smaller businesses getting together as a group to buy advertising rights on them. Barbara Ellenbrooke, Chairman of the Federation of Small Businesses (FSB) In responding to the question In your experience are unauthorised signs a problem?, the FSB Chairman reported that the Federation had no policy on unauthorised signs, however, it supported its members. She accepted that shops in secondary business locations, at the end of alleyways, required some form of

16 advertising to alert the public to their existence. She accepted A-frames could be seen to cause a trip hazard, especially when blown over in windy conditions, and that a proliferation of signs of different designs of varying condition, could be unattractive for the area. However, Members felt that signs added to the individuality of a town and created a less sterile atmosphere. In response to a Member s query on the hazard signs posed to parents pushing buggies, those in or pushing wheelchairs or who were blind or partially sighted, the FSB Chairman suggested that vehicles parked or unloading on pavements caused a further hazard. She felt that, from a business perspective, there needed to be a facility, particularly for those businesses operating in secondary locations, such as a generic noticeboard on the wall at the end of the alleyway alerting the walking public to the shops in that vicinity. If generic noticeboards were adopted, Ms Ellenbrooke highlighted the need to consider responsibility for their maintenance, whether it was Highways or the individual businesses. In response to the Vice-Chairman s query whether the local authorities should assist businesses with providing advertising signs, the FSB Chairman considered it would be a disadvantage if the private sector was solely responsible for noticeboards as there was a potential for a lack of maintenance. She felt that, as businesses paid business rates, a possible approach was for each local authority to provide the noticeboard at the secondary location and each business paid for their individual signs, possibly having a template identifying what was acceptable and, if a shop wished to advertise their business in these locations, they were given details of how it was carried out. Ms Ellenbrooke suggested another option was for businesses to advertise using town maps situated in the town s main car parks identifying the businesses that paid for this form of advertising, although the charges had to be monitored. The FSB Chairman suggested that responsibility for these maps should lie with the Town or Parish Councils rather than District Councils due to their closer relationship to local businesses. In response to the question How should enforcement be carried out?, the FSB Chairman felt that, in addition to A-frames on pavements, enforcement should include businesses trading on the streets, with their products on pavements, forcing pedestrians onto the road. As she considered there was no clear policy on the kind of advertising that was and was not permitted and local authorities should have clear cut rules. She believed that shops often increased their shopfloor area by placing goods on the pavements outside their businesses, examples were local greengrocers. Ms Ellenbrooke observed the number of cafés with tables and chairs on the pavements outside the business, which she felt would become a greater issue with the no-smoking legislation coming into effect in July. Although businesses were required to have licences for placing tables and chairs on the pavement, the Assistant Director (Highway Maintenance) reported that the highway authority licensed the tables and chairs, but District Councils took different views with some that required planning permission before licences were granted. He added that businesses were not permitted to place goods for sale on pavements, and local authorities could take action, however, when prosecutions had been carried out in the past they frequently did not receive the Magistrates Courts support. In one instance, at the County Court, the Judge made comments suggesting that the action was a waste of the Court s time

17 In response to a Member s query whether local authorities should have different regulations for advertising in urban and rural areas, the FSB Chairman felt it depended on how reasonable businesses were. She highlighted the need to be consistent when dealing with these issues and suggested that, if a pavement was of a certain, sufficient width, there could be a policy stating that a certain percentage of it could be taken up by advertising signs. The Assistant Director (Highway Maintenance) explained that the Panel s last meeting received the Falmouth Town Centre Manager as a witness, whose role was balancing the conflicting needs of Falmouth businesses, asking whether the FSB Chairman considered this a positive initiative for towns. Ms Ellenbrooke reported that Kerrier was developing the role of a Small Business Development Manager, suggesting that the CPR could provide more information on this post. She considered there was a role for an individual, possibly a Councillor, to act as liaison between businesses and the Council. She suggested that possibly a Parish, Town or District Councillor could be that liaison for individual towns, districts or the County as a whole. The FSB Chairman suggested the Panel may wish to discuss this issue further with Stephen Horscroft who dealt with the Town Centre Partnership LAA. The Vice-Chairman summed up the points made by the FSB Chairman as follows: The FSB had no policy on advertising signs. Acknowledged A-frames could cause a trip hazard, but secondary locations needed some form of advertising, possibly one noticeboard with bright adverts which added to the vibrancy of the area. However, maintenance was an issue that needed consideration and, as the businesses paid business rates, the local authority could assist in some way. Trading off the pavements needed to be included in the debate and guidelines. Clear cut rules were required for businesses to comply with the regulations. The difference between urban and rural areas needed to be acknowledged from an advertising perspective. Towns needed to have individualism, and not become sterile. Town centre management was necessary, possibly someone working voluntarily, a Councillor or an extended role for an officer. The FSB welcomed a continuing dialogue with the local authority, and were keen to be involved working together to deal with issues that affected small businesses. KEY ISSUES IDENTIFIED Clear do s and don ts should be established Members felt that signs added to the individuality of a town and created a less sterile atmosphere. from a business perspective, there needed to be a facility, particularly for those businesses operating in secondary locations, such as a generic notice board on the wall at the end of the alleyway alerting the walking public to the shops in that vicinity It would be a disadvantage if the private sector was solely responsible for notice boards as there was a potential for a lack of maintenance. One option was for businesses to advertise using town maps situated in the town s main car parks identifying the businesses that paid for this form of advertising, although the charges had to be monitored

18 2.7.5 Paul Phillips, County Councillor Paul Phillips, County Councillor (Helston North Electoral Division), who had been employed in the tourism industry in Helston, reported that businesses used the A- frames to promote their business as there was no advertising policy or standard in place. When, as Mayor of Helston, Mr Phillips visited its twin town, Sasso Marconi in Italy he observed regulated signage on motorways, and considered that there was an opportunity in Cornwall for the Local Authority to regularise signs locally. The signs he observed were very clear and held only the minimum of information necessary. In correspondence, Mr Phillips colleague Mayor of Sasso Marconi had reported that there were three descriptions of hoardings:- Advertising hoardings alongside the motorways, managed by the motorway company, who set charges, sizes and shapes; Advertising hoardings placed on the outskirts of towns, with each town council setting the numbers, sizes, shapes and charges, and the revenue returning to the Local Authority; Advertising hoardings on private grounds where certain signs were permitted, within the highway code regulations, which included being situated a set distance from the road for safety and visibility reasons, and the charges fixed by the land owner. Paul Phillips supported the introduction of a form of regularisation for local businesses advertising and sympathised with the businesses located a distance from the main roads. He felt that the Local Authority was in a position to set up regulations for advertising signs, that could allow a minimum amount of information to be permitted on the signs and allowing any businesses to advertise, on a lease basis, possibly on a rota for more prominent sites. During the discussion, various points were raised, including the following: the signs should be plain and simple, clear and distinct, and of a high quality; visually attractive advertising signs could add to the character of towns; ensure signs (e.g. on lampposts) were not too overpowering, in size and number; signs could be situated at the arrival sites of towns, such as car parks, rail and bus stations; an advertising block at the end of streets, indicating the businesses located in the area, and which could be updated when new businesses moved in, were supported. However, this needed to be managed and would possibly need to be resourced with the Local Authority taking responsibility for situating the block

19 Tony Lis, Disability Cornwall Mr Lis reported that the type of signs, in particular A-frames on pavements, potentially presented a problem to wheelchair users, and parents with a toddler and child in a pushchair. He outlined the specific problems encountered in Truro, which included: Quay Street problems experienced due to very narrow nature of the pavement, where an A-frame was placed outside a coffee shop. Mr Lis explained that, as a disabled person who used a wheelchair, he was unable to either turn around or dismount the pavement to avoid the obstruction, he often dealt with these problems by knocking the sign out of the way. Pannier Market the entrance was often cluttered with A-frames, which needed to be avoided. Pydar Street entrance to the Mews on the Leats one of the Mews, in particular, was very narrow, and had the added hazard of A- frames obstructing the thoroughfare and, sometimes, tables and chairs were also set up in the Mews. Mr Lis considered signs on walls were acceptable as they did not obstruct the pavements, and, specifically, the signs on the walls at the entrance to Lemon Street Market in Truro were easy to read. Mr Lis reported that the authorities in New York, USA, regulated signage on pavements according to the width of the sidewalk, which determined whether businesses could have a sign or show its produce on the sidewalk, and any infringement resulted in a fine. However, he accepted that in Truro, specifically, the pavements were often too narrow to allow A-frames. Members felt that the idea of allowing a set number of A-frames, of a high standard, on pavements of a certain width should be given further consideration. In addition, Mr Lis also suggested this could be policed by Traffic Wardens/Police Community Support Officers (PCSOs) as part of their remit. Further clarification was required as a result of the impact of changes to the policy on parking enforcement responsibilities, with local authorities undertaking work on on- and off-street parking offences. A Member suggested that consideration be given to the issue of A-frames on pavements being included in the parking offences policy, which Mr Lis considered an issue that could be included in the local authority s remit in respect of that policy area. Members accepted that this area of work was under review, and requested further information. In response to a Member s concern over penalising a business located on a small pavement that sought a position outside their property to advertise, Mr Lis explained that Lemon Street Market in Truro had solved the problem by erecting signs on the wall outside the Market, facing both up and down the road, advertising shops in the Market. However, in Quay Street the problem was that the entrances to businesses were all located on the pavement, with no space for advertising, and an alternative was required that removed A-frames from outside the door. During the discussion, a Member suggested involving the Town Forums to help police local areas where it was necessary to keep the footways clear, and that businesses should be encouraged to become involved in such action. In summing up, Mr Lis explained that a major area of concern to him was not the actual A-frames but their location on narrow pavements, often causing pedestrians to step off onto the road and made them very vulnerable; however, the A-frames were less of a hazard in pedestrian only access areas, such as Pydar

20 Street, Truro. He accepted there was no easy answer to help small businesses located away from main thoroughfares to advertise, but that consideration should be given to alternative methods. Replying to a Member, Mr Lis agreed that there was merit to the suggestion that traffic wardens role could be extended to police the pavements to deal with obstructions. Mark Stephenson reported that last summer the Traffic Wardens and PCSOs had distributed mock-ups of fixed penalty notices that stated pavements were for people, which had been well received in the areas where they had been issued as the public were often unaware of the impact of their actions. Mark Stephenson suggested something similar could be introduced for A-frames, as a more subtle way of giving information on this issue. In response to a Member s query, Mr Lis reported on accessibility issues in certain towns from a disabled person s point of view:- Falmouth was avoided as vehicles drove through the town and there was no delineation between the road and pavements; Penzance was busy but negotiable; No problems experienced in other towns. KEY ISSUES IDENTIFIED Signs mounted on walls were acceptable as they did not obstruct the footpath Members felt that the idea of allowing a set number of A-frames, of a high standard, on pavements of a certain width should be given further consideration. This could be policed by Traffic Wardens/Police Community Support Officers (PCSOs) as part of their remit. A Member suggested that consideration be given to the issue of A-frames on pavements being included in the parking offences policy Mr Lis explained that a major area of concern to him was not the actual A- frames but their location on narrow footways Inspector Mark Richards Devon and Cornwall Constabulary Inspector Mark Richards, Devon and Cornwall Police Constabulary, attended the meeting to give evidence in respect of the questions he had received. The Inspector explained that, following the introduction of Police Community Support Officers (PCSOs) in Truro, a number of complaints had been received from the local community about a general overuse of A-frames in Truro, with a few areas specifically mentioned. During an exercise, one of the PCSOs had found a total of 80 A-frames in Truro. The Police and the County Council had agreed there was a proliferation of A-frames located on an ad hoc basis in Truro, and the County Council wrote a letter to businesses that the Police arranged for the PCSOs to deliver as an additional stamp of authority. Due to their role in the community the PCSOs were known by the local community and businesses; therefore, the Inspector felt that once the PCSO explained the reasoning behind the letter, it had generally been well received by local businesses, the situation had improved

21 and complaints reduced. On a local basis, the Police had undertaken an advisory role in dealing with A-frames and were happy to continue locally. Q How could businesses advertise? The Inspector suggested licensing and restriction on numbers, but he was unsure how this could be implemented. Q Have your officers received any complaints on advertising signs on the highways? The Inspector considered that these were more of a hazard and were used in greater numbers than A-frames, and were dangerous next to roundabouts and major roads. He had discussed this issue with the County Council and considered that there had been a successful outcome. A Member pointed out that these signs helped businesses advertise, and removal affected them, especially those aimed at tourists and smaller businesses, however, he agreed that such signs were distracting. The Inspector agreed that they were a problem, but could not see a solution, adding that they impacted on the appearance of an area, and, therefore, could affect the character of the neighbourhood. Q Regarding PSCOs, what resources do you have in Truro and can you see a policing of A-frames within their remit? Inspector Richards explained that the PCSOs work had expanded into rural communities and that their role should be low level crime and disorder, and policing of A-frames was not covered in their role. He felt that generally Devon & Cornwall Police would not want the PSCOs role expanded; however, increased co-operation with the Local Authority could be included in their remit on a local basis. The Inspector explained that there had originally been ten PCSOs, but this figure had been reduced to seven, who had a presence in Truro six days a week. The Police were commended, saying that their advisory role was very much appreciated by the Local Authority, as the uniformed officers had a greater impact on local communities than the County Council officers. This was agreed that it was helpful for the different authorities to work together in partnership in the local community. KEY ISSUES IDENTIFIED The Inspector suggested licensing and restriction on numbers, but was unsure how this could be implemented. The Inspector agreed they were a problem, but could not see a solution, adding this related to the appearance of an area, which could affect the character of the neighbourhood. PCSOs work had expanded into rural communities and that their role should be low level crime and disorder, and policing of A-frames was not covered in their role Devon & Cornwall Police would not want the PSCOs role expanded, however, to co-operate with the Local Authority thought that this could be included locally in their remit

22 Mike East North Cornwall District Council Mike East, Director of Technical Services, North Cornwall District Council, attended the meeting to give evidence in respect of the questions sent to him, to which he had provided a written response that was tabled at the meeting (for full response see Appendix 5) In response to the questions set Mr East discusses the following: 1. In your experience are unauthorised signs a problem? In certain locations unauthorised signs were a problem; however, they often had an aesthetic impact on the built environment and, in some areas, promoted the town and added to the ambience. The key issue was one of management and enforcement. However, authorised signs could also be a significant problem, with a proliferation, many erected on behalf of local authorities, which were unstructured, uncoordinated and were often not maintained and which detracted from the surroundings. In addition to unauthorised signs, creative management should also be considered to deal with the adverse impact of authorised signs on the public realm, and their environmental quality, which he felt was a strategically important issue, linked to the competitiveness of the Cornish economy. 2. What do you believe is a reasonable level of enforcement for Local Authorities to take against signs? Various action was suggested in the written response in accordance with the level of hazard the signs posed. Amongst these, included the instant removal of inappropriate signs that were, for example inflammatory or racist and the owners of the signs would be invoiced for the costs of such action. Licensed signs were included, incurring a one-off charge plus an annual cleaning fee for their maintenance due to the natural environment in Cornwall, e.g. signs under trees often became covered in green slime. However, significant difficulties were recognised for this area of enforcement, with the suggestion of an active partnership with the private sector and the introduction of good practice guidelines produced jointly between the local authority and business representatives. Joint working towards agreed goals was considered positive, instead of the negative focus on enforcement resulting in possible conflict. 3. How can Local Authorities help businesses advertise locally? The County/District/Parish/Town Councils issued different advice and, therefore, a clear, unambiguous and easily accessible policy needed to be agreed by all Councils. The provision of an appropriate infrastructure included alternative suggestions, such as pagodas to rationalise advertising and make it more attractive. It could also provide an opportunity for other stakeholders to advertise in the same area. In response to the Chairman s suggestion that there were opportunities for different towns to have their own advertising features, therefore, adding to their own shopping areas, Mr East accepted the need to recognise local