Definitons
Any reference to “the Council” or “Council” is to be taken to mean Cardiff Council, The County Council of the City and County of Cardiff, its predecessors or replacements or duly authorised agents.
Any reference to “A Board” or “Advertising board” is to be taken to mean a portable advertising board.
Any reference to “licence” is to be taken to mean a licence issued by the Council by any authorised means in accordance with section 115E of the Highways Act 1980 to place an advertising board on the highway.
Any reference in this document to an act of Parliament, statutory provision, regulation or statutory instrument includes a reference to that act of Parliament, statutory provision, regulation or statutory instrument as amended, extended or re-enacted.
Any reference to the “highway” has the same description as in section 328 of the Highways Act 1980.
Conflictions
These terms and conditions compliment any act, regulation, instrument, byelaw or order made. If there is any conflict between these terms and conditions and any act, regulation, instrument, byelaw or order, then the relevant act, regulation, instrument, byelaw or order shall prevail.
General
These terms and conditions will take affect from 1 May 2019.
The Council reserves the right to alter these Terms and Conditions at any time should the need arise.
Anyone proposing to place an A Board on the highway will require a licence.
Before agreeing to licence an A Board, the Council will check to see if it is likely that the public’s right to use the highway will not be detrimentally affected. If it is not satisfied that sufficient information has been given for this to be established then the application may be declined.
The Council’s bye-laws, policies and standards will need to be complied with for health, safety and environmental reasons.
These terms and conditions relate only to the placing of A Boards on the highway. An A Board on a privately maintained forecourt, over which the public have limited access is not covered by these terms and conditions. They do not require a licence from the Council. You should check with the Council to establish the status of the land in question. Land which you consider to be private may in fact be classed as the highway, even if it is not adopted by the Council. Please always check with the Council if you are unsure of the status of the land.
The Council reserves the right to suspend or cancel a licence if, for any reason, it becomes necessary.
Applications
All applications must be made in the manner determined by the Council. The Council reserves the right to alter the application process at any time should the need arise.
Licences cannot be applied for in person.
There is a maximum of one A Board permitted per premises.
All licences are non-transferable.
If your application is suitable for a licence to be granted, your licence will not be issued until full payment has been successfully received.
The Council reserves the right to deny any application when it is not satisfied that the conditions to which the application must be made have been met.
While your application is being processed this does not grant you the right to place the A Board on the highway under any circumstance without written confirmation from the Council. If a licence is granted the start date will be provided. You must not place the A Board on the highway until this date is confirmed.
Licences are granted for 12 months from the date that is shown on the license.
Licences are renewable at the sole discretion of the Council. If you wish to renew your license it is your responsibility to ensure that you do so before the expiry date of the licencing that you are intending to renew.
Granting a licence does not imply an exclusive right to the area. The licence holder should be aware that the Council reserves the right to gain access to the area for cleaning, repairing or maintaining the highway or any street furniture. Other organisations, such as statutory undertakers, may also require access for maintenance and repair of their equipment.
If the applicant is a limited company or LLP then, upon dissolution, administration or insolvency of that company or partnership, the licence will become void and the use of the defined area will not be permitted. The licence cannot therefore be transferred in such circumstances and, if applicable, a new licence will have to be applied for by a new operator.
If the applicant is a sole trader or an unincorporated partnership, upon the bankruptcy of that person or partner the licence will become void. The licence cannot therefore be transferred in such circumstances and, if applicable, a new licence will have to be applied for by a new operator.
Any information provided with your application will be processed in accordance with current data protection legislation in order to carry out our legal and regulatory tasks as a Local Authority. Any information you do provide may be used for enforcement purposes where the Council has reasonable grounds to believe that an offence may have or may be being committed, or for any other purpose as set out by law.
You may be asked to provide additional information or documents or supporting evidence relating to an application or licence at any time.
All licence applications must be made truthfully to the best of your knowledge. By obtaining a licence you certify that:
- The information you have provided is true to the best of your knowledge
- The application you have made complies with these terms and conditions
- The licence will be used in accordance with these terms and conditions
- The licence will be used in accordance with any statutory obligations
- You understand that enforcement action may be taken against you if the terms and conditions or statutory obligations are contravened
Design
From 1 April 2020, only A Boards that rest on a single foot that touches the pavement (or other relevant surface) will be permitted.
From 1 April 2020, only A Boards that rest on a single foot that touches the pavement (or other relevant surface) will be considered for a licence.
Illuminations must not be used on the A Board.
No fixtures of any kind can be used to secure the A Board to any part of the highway or building or other permanent or semi-permanent or temporary structure.
No excavation of any kind can be undertaken to the surface of the highway in relation to an A Board.
The dimensions for the A Board must be between 550mm and 700mm wide and, from the base of the board, must be between 850mm and 1200mm high.
Positioning
Except with the express permission of the Council, there should be a clear unobstructed pedestrian route maintained at all times on the Highway of a minimum of 1.2 metres from the furthest point of the A board to the edge of the Highway or any intervening street furniture.
The needs of other users of the highway should be taken into account e.g. pedestrians, tradespeople, adjacent businesses. In circumstances where vehicles may use the highway, for example but not limited to pedestrian zones, this must also be taken into account.
Emergency exit routes from your own and adjacent buildings should not be obstructed by the A board and emergency service vehicles must have access along all streets at all times, even in pedestrianised streets.
The A board should not be located where they will impede drivers’ sight lines or obscure highway signs.
The A Board must be placed touching the building line of you premises. If a fully licenced street café is being used then the A Board can be placed touching the street café limits but only where there is a clear physical separation of the street café from the highway.
The A Board should, where possible, be placed within 1 metre from the main entrance to the premises but not so that it would cause an obstruction to the use of that entrance. The maximum distance an A Board can be placed away from the main entrance of the premises is 2 metres.
A Boards must not be placed on the highway when amber or red weather warnings are in place from the Met Office.
A boards must not obstruct access to any service covers or apparatus.
A boards must not be placed on or near tactile paving or dropped kerbs or pedestrian crossings.
Miscellaneous
No A Board is permitted to be placed on the highway between the hours of 10pm and 7am.
No A Board is permitted to be placed on the highway outside of the business hours of the premises to which the licence relates.
A Boards are only permitted to be used for legitimate advertising and marketing purposes.
The licensee will be required to indemnify the Council against all actions, demands, costs, charges or expenses arising from using the highway under the permission granted. The Council will, therefore, require the licensee to take out third party public liability insurance in the sum of at least £5,000,000. Details of the third party liability insurance should be enclosed with the permit application.
All A Boards must adhere to the Equalities Act 2010 and must not promote or contain material that may considered to be discriminatory, cause offence or promote harassment or victimisation. All A Boards must not discriminate against any person on the basis of age, disability, gender reassignment, marriage or civil partnership status, race, religion or belief, sex or sexual orientation. This list is not exhaustive and the Council reserves the right to take action where any A Board could be considered to be in breach of the Equalities Act 2010 or can be considered to be inappropriate or may cause offence.
Enforcement
The Council will carry out periodic inspections to make sure that all the terms and conditions of the licence are being adhered to. The Council may suspend or terminate a licence if any of the conditions of the permit are breached.
If it is considered that a criminal offence has been committed involving an A Board the matter may be referred to the Magistrates Court for prosecution.
Where an authorised officer is of the opinion that an A Board should be removed they may serve a notice upon the license holder or person appearing to be in charge of the A Board requiring its removal. This notice must be complied with and the A Board may be seized by the Council if it is not. Fees may be incurred as a result.
Where an authorised officer is of the opinion that an A Board must be removed as it is hazardous to the public or to property then the A Board may be removed without notice. Fees may be incurred as a result.
Where an A board has been seized it will be retained for 14 days. There will be a fee of £50 for the A board to be returned. You will be required to provide proof of ownership for it to be returned.
Where a seized A board is not claimed within 14 days, it may be destroyed.
The issuing of a licence does not indemnify you from prosecution if these terms and conditions or any statutory requirements are not adhered to.
Contact us
By obtaining a licence you will be bound by these terms and conditions. If you do not fully understand any of these terms and conditions then you should contact the Council for clarity before you obtain your licence.