Introduction. Fly Posting. What is Fly Posting

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1 Unauthorised Advertising Keep Wales Tidy policy paper 2012

2 Introduction Fly posting and litter from discarded leaflets and newspapers are a problem on streets throughout Wales. During the most recent Local Environmental Audit and Management System (LEAMS) survey for , carried out by Keep Wales Tidy, fly posting was found on 1.8% of streets, with business litter (including leaflets and cable ties (used to attach posters to lampposts) found on 21.7%). Although these seem like relatively low numbers and fly posting is not a major problem across Wales as a whole, it is an issue in City and Town centres and can make an area feel run down, heightening the fear of crime and creating unwelcome removal costs to the local authority. This paper will address some of the problems caused by unauthorised advertising and the issues of both fly posting and litter as a result of the distribution of free material. The paper will set out Keep Wales Tidy s Policy Options on the problem of fly posting and free literature distribution. Fly Posting What is Fly Posting For the purpose of this paper we will define fly posting as: printed material and any remains informally or illegally stuck to a structure. This can include material of any size from small stickers to large posters often advertising gigs and events. It excludes managed and approved advertising hoardings, and legally placed signs and notices. Valid legally placed signs can include advertisements on postal boards or local authority documentation e.g. planning notices attached to lampposts.

3 Background From Local Environmental Quality Surveys undertaken by Keep Wales Tidy we have been able to identify 3 key categories of fly posting as they appear on our streets. 1) Advertisements from gigs or functions 2) Community events 3) Personal such as lost pets or birthdays. Table 1 shows the percentage of fly posting found in various local authorities throughout Wales in and Whilst many authorities have seen a reduction in the presence of fly posting, it is clear that there is still an issue to some extent in every local authority area. 1

4 Table 1 Local Authority Anglesey Blaenau Gwent Bridgend Caerphilly Cardiff Carmarthenshire Ceredigion Conwy Denbighshire Flintshire Gwynedd Merthyr Tydfil Monmouthshire Neath Port Talbot Newport Pembrokeshire Powys Rhondda Cynon Taf Swansea Torfaen Vale of Glamorgan Wrexham Research in Wales 2 suggests that 29% of people believe fly posting has a negative impact on the local environment (this figure increases to 43% of people in the South Wales Valleys.) We cannot be sure from the research what type of fly posting that this refers to, therefore this paper will look at all fly posting issues. This perception increases with age with the 55+ category feeling that fly posting has a more negative impact on our environment. Of the population sampled 11% of those surveyed believe they see flyposting on a regular basis, again this perception increases with people in the Valleys with 18% regularly seeing flyposting within their area. 2 Litter in Wales, understanding littering and litterers. Final Report 2010, Keep Wales Tidy

5 The Problem Fly posting can lead to an area looking run down and people feeling unsafe. and is not only a threat but has sometimes been linked to violence and intimidation 3. In a 2001 study commissioned by Camden Council concern about fly posting was ranked higher than young people hanging around, gangs, drug use and stealing. In addition to having an impact on people s perception of an area there are also issues associated with removal. Fly posting is generally found on bus shelters, lamp posts, utility boxes and large expanses of bare walls. It is often stuck on using paste or glue which makes removal difficult and can result in large costs to local authorities. In some cases, even after removal, staining will remain. People may also feel offended by political or religious fly posting. Welsh local authorities can spend thousands of pounds every year on the removal of fly posting, however due to the varied cleansing regimes of local authorities and the joint removal of graffiti and fly posting an exact figure is difficult to calculate. It is not only local authorities that will incur the cost of fly posting removal but owners of private property and utility cabinets which are commonly blighted by the issue. Current Legislation There are a number of pieces of legislation currently in place in order to assist local authorities in dealing with the problem of fly posting. Fixed Penalty Notice These notices can be issued for the offence of littering, dog fouling, graffiti, fly posting and noise offences. The 3

6 individual who physically affixes the poster (rather than the advertised business) may be issued with a fixed penalty notice of Defacement Removal Notice requires the owners of the property that has been defaced to remove the fly posting. The notice is a minimum of 28 days after which time the local authority may remove the fly posting and recover the costs from the owner of the property. Unlawful display of advertisements (Town and Country Planning Act 1990 section 225) local planning authorities can take action against those responsible for fly posting and remove illegal posters and placards as well as recover the costs incurred in doing so from those who have displayed them. 5 Removal of Placards and Posters (Town and Country Planning Act section 225) the local planning authority. This enables local authorities to remove posters and placards from owned property. Use of Legislation Table 2 6 displays figures released by the Welsh Assembly Government for the use of FPN s in tackling environmental crime. It would suggest that a minimal number of local authorities utilise the powers available to them for issuing FPNs for flyposting. In only 5 local authorities reported having issued fixed penalty notices for fly posting. This suggests that additional support may be required by authorities to make use of these powers, or further research needs to be made into why these powers are not being utilized The control of graffiti and other defacement, Guidance on Sections 48 to 52 of the Anti Social Behaviour Act 2003 as amended by the Clean Neighbourhoods and Environment Act 2005, Welsh Assembly Government 6

7 Table 2 Local Authority No of Fixed Penalties Issued Anglesey 0 Blaenau Gwent 0 Bridgend 91 Caerphilly 0 Cardiff 0 Carmarthenshire 3 Ceredigion 0 Conwy 0 Denbighshire 2 Flintshire 0 Gwynedd 0 Merthyr Tydfil 0 Monmouthshire 0 Neath Port Talbot 0 Newport 0 Pembrokeshire 0 Powys 0 Rhondda Cynon Taf 19 Swansea 1 Torfaen 0 Vale of Glamorgan 0 Wrexham 0 Amount Collected 3, ,

8 Discussions with local authorities would suggest that it is often difficult to target those who ultimately gain from fly posting, such as nightclub owners or event managers. Formal advertising can be a costly process and the benefits of fly posting can often outweigh the fines. An article in the Guardian newspaper affirmed this, suggesting that it is often cheaper to pay the fly posting fine than it is to advertise legally. 7 Possible Exemptions Current legislation in Wales classifies all incidents of fly posting from those advertised by large multinational companies to small stickers placed on lamp posts and charitable events as fly posting. Keep Wales Tidy would therefore suggest this needs to be reviewed. We would not support a 100% enforcement policy and would recommend a more lenient view of the legislation should be taken in some instances. There is a need for a certain amount of temporary signage, including village fetes, charitable events and missing pets. However, there needs to be insurances and agreements with these advertisers that all correspondence is removed following events and before the posters begin to have a negative effect on the local environment. Consideration should be given to legislation that allows organisers of such events to apply for permission from the local authority to display such posters for a designated amount of time (e.g. 2 weeks running up to the event). This would allow the Local Authority to control all advertisements within the area and would encourage those placing the signs to remove them following events, or face fines. There also needs to be further research into why small stickers are placed on lampposts and what can be done to eradicate this form of fly posting. 7

9 Who s responsibility is it? It is the responsibility of relevant land owners to clear fly posting from their surfaces which can include street furniture, statutory undertakers and educational institutions whose property is defaced with graffiti or any other poster or flyer. Most Local Authorities in Wales will only remove fly posting from their own land or street furniture and will leave it as the responsibility of the property owner to remove from private property. Tackling Fly Posting Enforcement As stated earlier there are a number of enforcement actions available to local authorities and landowners, with clear scope for enforcement action against any person or company involved in the act of fly posting. It may therefore be necessary to focus on providing better training for enforcement officers on the use of the legislation. Keep Britain Tidy s Policy Paper 8 highlights the use of enforcement action by Camden Council, who took anti social behavior orders out against a multinational company and consequently recorded a 95% reduction in fly posting within the area. Reducing hot spot areas. An alternative to using the legislation is through reducing the opportunities for incidents to take place and by reducing the rewards gained through fly posting. Swansea Council targeted fly posters by putting cancelled stickers over the event poster. Beneath the word cancelled was the poster not the event, but illegal advertising soon became of little use to the advertisers and a reduction in its presence was seen. Glasgow City Council and the Clean Glasgow team enhanced areas through a project which painted derelict shops and doorways with pleasant images; this was thought to have enhanced the look and feel of the local community and 8

10 discouraged people from posting further notices. It has been noted that this was a cost effective way of dealing with fly posting within the area. 9 Local authorities have informed us of schemes whereby excluded youths have worked with community artists to produce public art in the form of graffiti. It seems there can be success in engaging youths (notoriously hard to engage), the art work lasts without being vandalised, and that there are very few complaints from members of the public. A scheme similar to this has been trialed in Bargoed by Caerphilly County Borough Council who have decorated shop shutters with images. This has been proven to reduce environmental crime in the area. Raising Awareness Coventry Council reduced the amount of Fly posting in their area using an awareness raising campaign, launching a City wide consultation on fly posting. The council also carried out a media launch and gave presentations to community groups to gain public opinion on the issue. The consultation aided the council in dealing effectively with the issues specific to the area. As a result of the policy and campaign work carried out the council witnessed a significant decrease in the amount of fly posting. The number of fly posting hot spots has 9 Alistair Tibbett, Clean Glasgow Scottish Litter Summit 2008

11 been reduced by 75% and the number of entertainment venues fly posting fell from 19 to Monmouthshire County Council have produced an information leaflet for businesses and residents on the fines for people caught fly posting as well as a substantial policy document which sets out the aims of the local authority, and makes clear how they will deal with the issues. Formalised sites Formal sites for legal advertising can be a controversial approach to the act of fly posting. When other preventative measures have been explored this method should be examined. It is essential to be mindful that formalised sites may be subject to planning consent and consultation with local area users should be undertaken. Formalised sites may appear as formal advertising drums, boards in City Centres or smaller community notice boards for local events. When Dundee City Council began receiving an increasing amount of complaints regarding fly posting, Council officials met with local promoters to discuss a number of solutions. Among the solutions was the hiring of a contractor to care for, repair and renew the Councils legal advertising hoardings. This provided the Authority with some control regarding the quality and content of displayed posters. As a result more street monitoring was carried out and the Local Authority became more proactive in ensuring the law was enforced. This action along with others revealed a reduction of 61% in instances of illegal fly posting within the authority Coventry.gov.uk creating a fly posting policy Environmental Health case study 11 Keep Scotland Beautiful Graffiti and fly posting a guide for the public.

12 Leaflet Distribution and its definition This part of the paper considers the distribution of free printed matter which includes newspapers, documents, cards, leaflets, pamphlets, catalogues, stickers and other similar literature that is distributed without charge. This includes those handed out to members of the public and placed under windscreens, but does not include items distributed in shops and newspapers or posted through letterboxes. The Problem The distribution of free literature namely flyers, free newspapers, leaflets and catalogues handed to people and placed under car windscreens can blight public spaces when these items are discarded as litter. Areas that are heavily littered go on to attract more litter and in turn will lead to an area feeling rundown and unsafe for its users. The problem is found generally, in urban areas, Town centres and car parks, and can be a bigger issue following major events. Whilst no exact figure is currently held for the number of flyers and leaflets found on the streets of Wales, business litter (including ties and red bands) was found on 21.7% of streets in Research commissioned by Keep Wales Tidy identified 6% of people in Wales as having dropped flyers, leaflets or newspapers at some point during the last year. 13 Around 40% of those surveyed believed that the presence of this type of litter would have a negative effect on the look and feel of an area. With 1 in 5 of these acknowledging that they see this type of litter on a regular basis in the areas that they live. 12 Keep Wales Tidy LEAMS surveys Litter in Wales Understanding littering and litterers Final Report October 2010, Keep Wales Tidy

13 Table 3 shows the percentage of business related litter found on surveys during and Table 3 Local Authority 2008/ /10 Anglesey Blaenau Gwent Bridgend Caerphilly Cardiff Carmarthenshire Ceredigion Conwy Denbighshire Flintshire Gwynedd Merthyr Tydfil Monmouthshire Neath Port Talbot Newport Pembrokeshire Powys Rhondda Cynon Taf Swansea Torfaen Vale of Glamorgan Wrexham Litter in Wales costs millions of pounds a year to clean up. It is not only a litter issue that arises from this distribution, but also the environmental impact of wasted resources and paper. Current Legislation Measures were brought in by the Environmental Protection Act 1990 in order to help control the distribution of free material.

14 Unauthorised Distribution of literature on designated land Schedule 3, paragraph 7, Environmental Protection Act. A person will commit an offence if they distribute any free printed matter without the consent of a principal litter authority on any land which is designated by the authority. Subsequently the person involved may be subject to an FPN. Keep Wales Tidy would agree with the use of the powers provided by the Act in order to reduce the amount of litter arising on the streets of Wales through the free distribution of material and believe that the Act when used correctly will help limit and monitor the amount distributed. Local Authority Case Studies Bridgend County Borough Council during the past 2 years has designated an area of Bridgend where the distribution of free printed matter without the consent of the local authority is not permitted, using the powers under the Act. The success of these pilots has led to the additional designation of Porthcawl, Pencoed and Maesteg. Leaflets relating to politics, charities and religion however, can be distributed under the act. 14 It is believed that this will have a positive impact on the amount of litter generated within the town centres. Recommendations This paper has highlighted a number of issues that have arisen from fly posting and the distribution of free printed matter for advertising purposes. Whilst Keep Wales Tidy are mindful that particularly in the current economic climate businesses should be encouraged and provided with the opportunity to advertise, this needs to be done in a manner which is not harmful to the environment and other people. Since 2007, Keep Wales Tidy have recorded a reduction in fly posting on the streets of Wales but an increase in the presence of business related litter (including fliers and cable ties). Although we recognise that no one action will eradicate fly posting and leaflets on our streets we believe that improvement could be made if the following recommendations are implemented. 14 South Wales Echo, 21 st Feb 2011, Town bans firms handing out flyers.

15 Keep Wales Tidy Keep Wales Tidy should inform local authorities when large amounts of business litter, perceived to have come from one location or organization is witnessed. This could be included in the LEAMS report that is currently sent out to each local authority. Keep Wales Tidy s LEQ department should consider working with Eco Schools to understand why many young people stick small stickers to lampposts and to develop methods of combating this type of litter. This can be done through further research working with funky dragon, the children s and young people s assembly for Wales. Local Authority Encourage the use of surfaces that make applying paste and glue difficult in order to prevent further instances of fly posting. When appropriate, surfaces could be decorated with murals/ paintings in order to reduce the presence of fly posting. Members of the public should be advised to report all instances of fly posting or litter from the free distribution of printed matter to relevant local authorities who in turn, should be advised of their duty to clear all instances as stated in the Environmental Protection Act 1990 Keep Wales Tidy and Local Authorities Keep Wales Tidy would encourage local authorities and other relevant property owners to rapidly remove instances of fly posting which are deemed to be detrimental to the area. This should include the remnants of posters and flyers. Local Authorities and Keep Wales Tidy to work with magistrates to ensure that fines awarded are large enough to act as a deterrent to those using fly posting as a means of advertisement. Instances of large

16 fines being handed out should be publicised to discourage people from fly posting in the future. Local authorities should be encouraged to provide the placement of boards for legal advertisements that would be free of charge but only if it can be demonstrated that these boards reduce the level of fly posting within an area. An agreement with advertisers that posters be removed following events would need to be reached which would help ensure display boards are kept looking clean and tidy. Keep Wales Tidy and the Welsh Government Keep Wales Tidy and the Welsh Government to work with local authorities to ensure that the current legislation is used effectively, for example by providing training on what powers are available, and researching reasons for the lack of current legislation being used. Keep Wales Tidy are involved in enforcement action groups in south East, South West and North Wales these groups could be used to identify areas where legislation training needs to be provided. Keep Wales Tidy could review legislation through these groups to establish whether more flexible legislation needs to be introduced to aide local authorities in eliminating fly posting. Keep Wales Tidy would recommend advising supermarkets and out of town retail areas and car parks of the powers available to them to restrict the distribution of leaflets. The Welsh Government may wish to consider bringing in further legislation to restrict the placement of leaflets under car windscreens, or determine in current legislation who is responsible for these leaflets when they become litter.

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