You are here: >  Living / Roads & Transport / Road Network Management / A Boards and Goods on the Highway

Advertising and the placing of goods and other items on the public highway

Important information

Bournemouth Borough Council, as the Highway Authority, has a legal duty to protect the rights of the public to enjoy full-unobstructed access over the public highway.

In addition we are concerned for the safety & convenience of the public, particularly pram & wheelchair users, the disabled, the partially sighted & the blind. Rather than wait for complaints to be received, this Authority is seeking to avoid the necessity to complain and will issue notices and take enforcement action where necessary.

There is an increasing problem throughout the Borough of Bournemouth regarding the obstruction of the Public Highway, by goods/advertising boards placed on footways outside or near trade/shop premises. You will appreciate that such obstruction not only cause problems for pedestrians, especially for prams and people in wheelchairs, but also can be a source of danger for partially-sighted and blind people.

The placing of such goods/advertising boards on the Public Highway constitutes offences under both the Highways Act 1980 and also Section 28 of the Town Police Clauses Act 1847.

We are seeking the co-operation of all traders within the Borough to remove all goods/advertising currently placed upon the Public Highway.

So, What exactly is public highway?

There are three points to be borne in mind with regard to highway dedication. In evaluating the entitlement of any trader to use of the footway adjoining his frontage, the criterion set under Section 31 of the Highways Act 1980 applies.

The key factors associated with this section of highway legislation are as follows

• Has the forecourt been designated as highway due to the passage of time being greater than 20 years, as stipulated under Part 3(9) to Section 31 of the Highways Act 1980?
• Has the Council maintained the area in question? This will add significant weight to the dedication.
• The only way that a presumption of dedication would fail is due to the presence of both markers, delineating the edge of the forecourt and a notice inconsistent with the dedication of the highway.

In general terms, the forecourt is considered to be highway and the onus of proof that use of it by the public could not give rise to any presumption of dedication, is dependant on the proprietor. There are locations where there are anomalies and these are normally evident from our records.

What we will do

We therefore request the entire width of the highway is clear for the free passage of pedestrians and other users. Any illegally placed sign, goods or other article should be removed from the highway immediately.

Unfortunately, where it is not possible to gain voluntary co-operation, the advertising sign may be seized and removed by the Highways Enforcement Officers, using their powers under the Highways Act. These signs may be returned upon payment of an administration charge. Goods and other articles may be seized under the same powers or a Magistrates Court order may be applied for, to obtain the removal of all items from the highway.

Contact Us

If we can help you on this or any other highway matter, please contact us:

• Email: highways@bournemouth.gov.uk

Technical Services

Street Enforcement

Council Depot

103 Southcote Road

Bournemouth

BH1 3SW 

Telephone number       01202 454638

Fax                                           01202 451624

Thank you for your assistance and co-operation!