Board to tears

In the current economic downturn, pubs need all the help they can get to bring customers through the door, and the MA regularly presents idea on how this can be done.

But even the best intentions can fall foul of what some people might see as 'Town Hall bureaucracy'.

This comes to mind once again on reading about the Merseyside licensee who has been putting an A-board on the verge by the A58 for the past 10 years. Suddenly, it is a traffic hazard, and the local council have ordered her to put it back within her 'curtilage'.

After noise nuisance, planning controls and regulations are probably the second most popular theme in my postbag. Many readers point out that the decisions appear both arbitrary and unfair — what's good for one trader seems to be unacceptable for another.

The problem is often where the sign or board is actually placed. On a busy high street, this might involve obstruction of the highway, which can be a criminal offence and would therefore involve police action. The other, more common, problem is that of local authority planning permission for the erection of the sign.

Local authorities have power to control not only the types of buildings erected or changed, but also the signs, notices and illuminations that are used on the exterior of the premises and in the highway.

Under the Highways Act they can also operate a licensing system for items on the street, which means you will have to pay an annual fee for the space occupied by the sign.

Public houses are among the businesses that need to attract passing trade, but several of them have run into trouble by erecting signs without first obtaining the necessary planning permission. Local authorities do have the power of veto in this area, and can forbid the erection of signs that they consider an obstruction or potentially hazardous, or order their removal if a sign has been erected without consent. They can do this even if the sign has, as in this case, been there for some time without complaint. You do not gain 'squatter's rights' when it comes to planning matters!

Non-compliance with a council instruction could render the offender liable to court action and in the case of signs, notices and equipment such as satellite dishes, a fine can be imposed for each day that the offending article remains in place.

As with all planning matters, there is an appeals procedure to the Department of the Environment where any person feels aggrieved at their council's decision.