Legal advice: When it doesn't pay to advertise
In a competitive world where pubs and clubs are vying for business, regular promotions such as pub quiz nights, themed dining evenings or early-bird specials are commonplace.
Obviously the latest deal that a venue is offering needs to be well promoted to attract the volume of trade necessary for it to be a success. You may decide to use some form of outdoor advertising such as posters or banners to draw attention to events. But can you just go ahead and stick these up on the front of the building, in the car park or on railings outside the premises?
In short, no. You need the express consent of your local planning authority before virtually any poster or banner can be put up outside a pub, restaurant, hotel or club.
What criteria will apply to granting permission?
The local planning authority does not consider the subject matter of the advertisement but looks at whether it is in the interests of amenity and public safety.
There is no detailed definition of 'amenity' or 'public safety' but some local authorities have published advertisement control policy statements setting out what they look at when considering advertisement applications. It may well be worth obtaining this for your local area.
Amenity
In practice, 'amenity' is usually understood to mean the visual impact that the advertisement will have on the immediate neighbourhood, where passers-by, or people living there, will be aware of the advertisement.
The planning authority will always consider the local characteristics of the neighbourhood. For example, is the advertisement in keeping with any historic, architectural or cultural features? Consent might be refused for a large poster hoarding which would visually dominate a listed building.
Public safety
'Public safety' concerns will relate to traffic and pedestrian safety. The planning authority will consider whether your advertisement, or the spot where you propose to site it, will be so distracting or confusing that it will create a hazard or danger for someone's safety. While it is accepted that advertisements are designed to attract people's attention, an advertisement must not, for example, cause confusion with road signs or traffic signals.
To obtain consent to put up an advertisement or sign you should therefore apply to the planning authority for the area where it will be displayed.
Most planning authorities provide a standard application form, which you can obtain from the local council's planning department.
In addition to the completed application form, illustrative plans and drawings are required and you will have to pay the appropriate charge for the application. The Department for Communities and Local Government publishes a useful guide for those considering outdoor advertising -- see www.communities.gov.uk
Content of advertising
It is the Advertising Standards Authority (ASA), and not the local planning authority, which considers the subject matter of an advertisement and whether it will offend public decency or moral values.
The authority will respond to complaints from members of the public who feel that any advertising contravenes the principles of promotions being legal, decent, honest and truthful. Guidance on this can be found in the British Code of Advertising, Sales Promotion and Marketing, published by the ASA.
What if I don't get planning permission?
If you display an advertisement without the local planning authority's consent when it is required, the maximum fine is currently £1,000 (plus a daily fine of £100 if you are convicted of a continuing offence).
It is a defence, however, to show that the advertisement was displayed without your knowledge, or that you took all reasonable steps to prevent the display or to remove it once it had been displayed.
It is also an offence to put up any advertisement without first obtaining the permission of the owner of the site. You could not advertise next week's two-for-one meal deal, for example, by sticking posters on lampposts. This is known as fly-posting and it is illegal. The planning authority can often immediately remove or obliterate the posters or it may prosecute.
To be entirely sure that you are not going to be in breach of planning consent it would clearly be well worth your while to check local policy and make the necessary applications before proceeding to display any promotional material outside your premises.
