Hoarding Licence Conditions

Licence conditions for hoarding and site fencing to be placed on the public highway

These requirements shall be deemed to be terms of the licence only insofar as they do not conflict with or duplicate any other legal requirements.

Site fencing includes Heras-type fencing or other barriers used to section off or secure parts of the highway for the sole use of the contractors.

  1. If required, a Demolition Environment Management Plan (DEMP), Construction Environment Management Plan (CEMP) or S278 agreement must be submitted and approved by Brighton & Hove City Council’s Transport Team before any hoarding or site fencing is placed on the public highway.
  2. With the exception of cases covered in 3. below, the hoarding or site fencing shall provide a clear passageway for pedestrians of at least 1.5m whilst providing a clearance of at least 500mm between the hoarding or site fencing and the carriageway edge. Where footways are greater than 2.5m in width, Brighton & Hove City Council may require a wider clear passageway as a condition of issuing a licence and advice should be sought. All solid hoardings must be at least 2.44m in height. The Authority may specify the materials to be used and that the corners of hoardings or site fencing are to be splayed on certain sites.
  3. Where it is not possible to comply with 2. above, owing to a narrow footway width, Brighton & Hove City Council’s permission must be sought, either to allow reduced widths or to encroach into the carriageway, in which case Brighton & Hove City Council will need to be satisfied that the site is suitable for either of these treatments and, in the case of the latter, that adequate provisions are made for the continuing safe passage of pedestrians, including any necessary walkways, ramps, decking, lighting and restraints against intrusion by vehicles. A full Traffic Management Plan (TMP) should be provided.
  4. A contractor whose hoarding or site fencing is likely to affect access to parking bays must first arrange for the bays to be suspended with Brighton & Hove City Council’s parking team. This requires 7 full working days’ notice. All costs for bay suspensions, traffic orders and remarking of bays must be met by the contractor.
  5. If the hoarding or site fencing restricts access to any apparatus, gullies, and inspection/access covers, written permission must be obtained from the statutory undertakers or other relevant parties, prior to the licence application. East Sussex Fire and Rescue must be informed if any fire hydrant signs are restricted. This must be provided on request.
  6. As soon as it is erected, all solid hoarding shall be painted in a uniform style. Temporary close-boarded structures delineating a footway shall be similarly painted below 2.4m. No advertisements may be placed on any hoardings. Special attention should be paid to any contractor’s signs and logos placed on hoardings to ensure that they comply with the Town and Country Planning Act. Any flyposting or graffiti on hoardings must be removed by the licence holder as soon as possible.
  7. Adequate measures shall be used to prevent damage to the highway behind and surrounding the hoarding or site fencing. A condition survey and photos should be taken by the contractors before the hoarding or site fencing is erected. These should be provided on request. Failure to provide evidence of the highway condition prior to the hoarding or site fencing being erected may result in costs being sought for repairs.
  8. Necessary measures shall be taken to ensure the safety of the public.  Where a chute is included in the application, all steps necessary to screen pedestrians from the chute shall be taken. Tarpaulin or similar fabric shall be provided at the chute’s point of discharge to prevent debris from bouncing, and/or sheeting if this is necessary to mitigate dust nuisance.  Hoists or chutes are not covered by this licence unless they were included on the application form, in which case they must be installed in a position agreed by Brighton & Hove City Council. No projections will be permitted over the highway outside the standards, except in connection with fans, in which case the minimum headroom shall be 5.5m where this is above a carriageway, and 2.4m elsewhere.
  9. As a general principle, all hoardings shall be lit using electrically/battery-powered lights during the hours of darkness. Bulkhead lights should be fixed at the top of the hoarding at each end of the structure and at 3m intervals. Brighton & Hove City Council may be prepared to waive this condition in well-lit areas. Tunnels in excess of 2m in length must always be lit after dusk.
  10. No hoarding shall be erected where this would obscure traffic lights, traffic signs, parking signs or street lights without Brighton & Hove City Council’s specific approval. Alternatively, temporary lights, signals and signs may be required. No hoarding or site fencing shall be attached to street furniture.
  11. Any access points in the hoarding must not open outwards over the public highway.
  12. No hoarding or site fencing shall be erected where it could affect the use of pedestrian crossings or bus stops unless special provisions can be made which meet Brighton & Hove City Council’s specific approval.
  13. No elements of hoarding or site fencing shall be placed on the highway prior to the commencement of the licensed period, and all elements of the hoarding or site fencing shall be removed, and the highway left unobstructed and clean at the expiry of the licensed period (or when the hoarding or site fencing is no longer required, whichever is the sooner). In this context, unassembled elements of the hoarding or site fencing shall not be left anywhere on the highway without being signed in accordance with Chapter 8 of the Department for Transport Traffic Signs Manual (Chapter 8) and, in any event, shall not be so present for more than 24 hours either before erection or after dismantling. Any storage containers intended to be placed on the highway must be separately licensed prior to placement.
  14. Copies of any health and safety or maintenance inspections should be provided to Brighton & Hove City Council upon request.
  15. The licensee’s 24-hour telephone number, or the 24-hour number of the person responsible for maintaining the hoarding or site fencing, shall be displayed at all times.
  16. The licensee shall indemnify the licensor against all claims for legal liability arising from the issue of this licence for which Brighton & Hove City Council could otherwise be responsible, and provide public liability cover to an adequate level, and this shall not be less than £10m.
  17. The licensee shall be responsible for making good to the satisfaction of Brighton & Hove City Council any damage to the highway using council-approved contractors, qualified under the provisions of the New Roads and Street Works Act 1991, and in the event of failure to comply, shall reimburse the licensor all costs incurred in repairs.
  18. At all times, the contractor and user will be expected to comply with the Health and Safety at Work Act 1974, Traffic Management Act 2004, New Roads and Street Works Act 1991, Highways Act 1980, Chapter 8 and any conditions in a DEMP or CEMP. It is assumed that contractors will be aware of, act upon and, where practicable, work in accordance with all Safety Executive Guidance Notes relevant to their works.
  19. If deemed necessary, Brighton & Hove City Council may alter licence conditions at any time or rescind the licence with reasonable cause. The licensee shall not be entitled to any compensation for loss of trade or business as a result.
  20. Payment of the licence fee is a condition of the licence.
  21. The improper parking of vehicles by staff or persons associated with the licensed hoarding (including delivery vehicles) will be considered a breach of the licence. In certain parts of the city, licensees may be required to agree to restrictions on delivery times.

Enforcement procedure

In the event of a breach of Licence Conditions being discovered, the following Enforcement Procedure will normally be followed:

  1. On the first occasion that a breach of conditions is discovered, this will be reported to the licensee. Brighton & Hove City Council will issue a written warning requiring that said breach be rectified. Such faults will normally be required to be rectified within 24 hours of the complaint.
  2. Should a second breach of conditions be discovered on any site licensed by the offending licensee within 12 weeks of the discovery of the first breach, or if a previously reported breach of conditions has not been rectified to Brighton & Hove City Council’s satisfaction within the prescribed time period, a second written warning shall be issued.
  3. If, within 12 weeks of the second breach, a third breach of licence conditions occurs on any site that is the responsibility of the original licensee, or should remedial works not have been carried out on a site for which a second written notice has been issued, the licence will be considered suspended. If any such failure is not corrected or the hoarding or site fencing is not removed, within 24 hours of Brighton & Hove City Council contacting the licence holder, the licence will be considered revoked. All items must be removed from the highway, and the area must be made safe. Failure to do so will result in details of all relevant offences being passed to our Legal Team with a view to launching prosecution action under the Highways Act 1980.

Brighton & Hove City Council reserves the right to pursue the option of prosecuting at any stage following any failure to comply with licence conditions or other breach of the Highways Act 1980, or other relevant legislation.