Huge advert on billboard near school

[NotOnMyDoorstep]

hi all

have NCed to avoid completely outing myself for this.

I've been invited to a fb event encouraging members to call the ASA to object to a roadside billboard advertising a 'Gentleman's' club. The establishment is out of town, 30 miles away.
The main reason for the admin's objection is the fact the advert is near a school and popular drive through takeaway.

Apparently our local council won't get involved as they have no hold over independent advertising space!

Is there any way/laws that could be used to make the local council get involved?

Do they really have no duty to step in, even in the broadest sense of protecting the public?

I haven't seen the advert myself, but a good friend describes it a 'not very savoury'

[bagospanners]

If you have the asa involved why do you want to force the council to step in when they have already told you they dont have the power? Surely you have found the appropriate route with the asa, why not stick with it?

[EdithWeston]

This was covered in the recent Bailey report - I think we may be in a gap at the moment whilst attempts are made to establish voluntary regulation (promises of Govt action if agreement is not reached by a set deadline, which has not yet expired).

How near the school is it? And has term started?

This might be a case worth highlighting to those charged with getting regulation in place (apologies - I don't know who this is, but perhaps another MNetter will know).

[NotOnMyDoorstep]

I wondered because it's a local issue that people are objecting, but our local council are seemingly not bothered.

[jennyvarnishessthewoodwork]

Council cop-out. They bloody well should have authority; what on earth do they exist for if not to serve the community?

[NotOnMyDoorstep]

It's as near to a school as you can get without being in the school grounds without it actually being in the grounds. It's literally the other side of the boundary fence

[NotOnMyDoorstep]

term hasn't started yet, btw. in England

[bagospanners]

Your council may be very bothered/frustrated but they cannot step in where they dont have the power to do so. They would be sued and heavily fined, thus diverting money from the stuff they do have control over.

[bagospanners]

It is not the councils fault they dont have power over everything. That is what legislation is for. Central government set the rules.

[jennyvarnishessthewoodwork]

I didn't know that spanners. How does that work; who sues them? Under which legislation?

[BonnieLassie]

What does the advert have on it?

[bagospanners]

If a council damaged / removed the sign intentionally without having the legal grounds to do so it would be exactly the same as you or I doing something to the sign. Possibly criminal damage. Breach of human rights, stopping a person/company going about the job they are legally entitled. Compensation for loss of earnings, you name it. A local authority cant just go around breaking the law.

[NotOnMyDoorstep]

I haven't seen it myself, BonnieLassie but it's advertising a lapdancing club. A good friend has described it as 'not very savoury'

Could the council really be subject to court action, for telling an advertiser that local objections have been raised, under which grounds and to take their advert elsewhere?

I really am asking for help on this

[bagospanners]

It is the same as if you built a small extension within your permitted development rights, you got building control and whatever other consents you needed. The council cant then decide that, even though it is lawful, they dont like it so they are going to knock it down. If its legal its legal, they may not like it but there is f all they can do about it.

[NotOnMyDoorstep]

bago

Is it really? The same?

An advert the size of a house for an over 18's lapdancing club next to a nursery and primary school and a popular family takeaway is the same as breaching planning and building rights?

[bagospanners]

The advertiser would, presumably, know what power the council has. They would be under no obligation to take anymore notice of a letter from them than they would be a letter from you. infact if you and all the other objectors wrote to the advertiser and the people who own the space it would probably have more clout. They want to attract people not p them off.

The asa are a much better bet.

[jennyvarnishessthewoodwork]

Oh yeah, ok. But the council have the power to approve the extension right? I'm not sure I would advocate the council simply stepping in and removing the advert, but rather that they should have an exercisable veto on what is displayed. They would be swift to remove offensive fly-posters, so why is public decency less important if the 'fly-poster' paid for the space?

[jennyvarnishessthewoodwork]

Aboslutely not saying the ASA shouldn't also be involved. It's not an either/or question is it?

[bagospanners]

But thats the point they are not in breach of anything the council has power over.
I am not saying it is an appropriate advert for that location. Neither are your council. They are saying there is nothing they can do about it.

That is not to say no one has power over it. The asa may have some control. What i am saying is if you have a fire you call the firebrigade not your milkman.

[NotOnMyDoorstep]

Yes, the local paper has now been contacted, and i think the fact it's gone up during the summer break speaks volumes. Very difficult to contact people.

[AliceWyrld]

You could contact these people for advice.

I would also speak to local councillors and MPs. The council may well not have the power, but that is not all political representatives are there for. My old MP didn't have the power to stop housing developments, but he still spent a lot of time campaigning about it, because he was a politician. Speak to politicians not officers.

Also local press.

[jennyvarnishessthewoodwork]

Well, quite, but fires and milk are completely different spheres wereas the council and billboards are hardly unrelated.

Do you think we should just accept that the council have no power, then (if this is the case) or would you not agree that perhaps they should? I say they should because I think that they are a medium for the voice of the community they serve. The ASA simply cannot claim that position.

[bagospanners]

Jenny, nope if it were dont within permitted development rights they council wouldnt even need to be told, let alone approve.

An advert displayed on a structure ment to hold an advert is not controllable by the local authority. Flypostering is controllable by the local authority as they have been given the legal power to do so. So they do.

[NotOnMyDoorstep]

YY AliceWyrld they are now on the contact list, thanks

Ah, local MP - interesting that one as she writes 'chick lit' - yup Louise Bagshawe (who recently got married, and had to change her name )