'A' Boards and Display of Goods on the Highway

Introduction

'A' Boards and the Display of Goods on the Highway are a fashionable way for businesses to promote and display their goods in and around the town centres of the Royal Borough, adding to the colour and atmosphere of the street scene for residents and visitors alike.

Licences are required for 'A' Boards and the Display of Goods on the Highway.  This is to ensure that they are properly set up, licensed and operated so that it benefits the business, enhances the shopping area and does not cause a problem for other users of the street.

Applying for a Licence

'A' Boards and Goods not displayed on privately owned land must be licensed by the Royal Borough as the Highway Authority.  There are four factors that are taken into account when considering an application:

  • The amount of space the 'A' Board or Goods will remove from the public highway.
  • How your proposed 'A' Board or goods will look when it is set up.
  • The effect it may have on local residents, workers, shoppers and visitors.
  • Is the 'A' Board located in a Conservation Area. (It is Council policy not to allow 'A' boards in Conservation Areas)

To apply for a licence please download and complete the relevant form below.  It is a good idea to liase closely with the Royal Borough before an application is submitted in order to obtain advice on the plans and the application process.

Following the receipt of an application, a range of other Council Departments and organisations are consulted to ensure that the proposal is acceptable to them.  They include:

  • The Borough Access Officer
  • Planning and Conservation
  • Town Centre Management
  • Legal Services
  • Environmental Health
  • Local Councillors
  • Waste Management
    Thames Valley Police
  • Royal Berkshire Fire and Rescue
  • Royal Berkshire Ambulance Service

A public notice will also be displayed close to the site of the proposed 'A' Board or Display of Goods so that local people can comment if they wish.  The results from the consultation exercise will be considered when determining the Licence.  As part of the process, applicants should submit evidence that they have public liability insurance of £5 million - an important requirement of the licence application.

Licence conditions

Each application is considered on its merits and its suitability to the local environment. When a licence is granted, the licence holder must adhere to the conditions set out in this guide and on the licence itself otherwise the Royal Borough will have no choice but to remove any furniture causing an obstruction and may have to consider taking away the licence.

Size, Layout & Means of Enclosure

The Council appreciates that people will want to organise their 'A' Boards or Goods in a way that is attractive and will encourage customers to enjoy their facilities.  However, the following factors have to be taken into account when planning the layout:

  • Available space
  • Type of premises
  • Street width
  • Street character
  • Number of passers-by
  • Existing furniture e.g. benches. planters etc. Other 'A' Boards, Goods or Street Cafes nearby
  • Residential properties

The needs of people using the shopping area are of paramount importance when considering 'A' Boards and Goods layout and size access and freedom of movement for the disabled, pedestrian flows, access for emergency vehicles etc.  The type, size and colour of the 'A' Board and layout of Goods used, along with access points and the way the Goods are enclosed, also need approval and this information must be provided as part of the application.  It is essential that 'A' Board or goods do not cause an obstruction or inconvenience to members of the public, particularly people who are disabled, so adequate space must be left for wheelchair access.

Things to Remember when planning the layout of A Board or Goods on the Highway

Every 'A' Board or Display of Goods should be organised according to these important key principles:

  • People walking past the premises should have at least 2 metres of clear footway between the edge of the carriageway and the 'A' Board or the boundary of the Goods displayed.  This is to ensure that pedestrians, particularly the visually impaired, are not obstructed.
  • In a very busy street it may be necessary to leave more than 2 metres of footway space for pedestrians.  The manner in which the 'A' Board or display of Goods are set out should not prevent or discourage people from using the footway - the route available to them must be straightforward, obvious and unobstructed.
  • The 'A' Board or display of Goods should be located immediately outside the front of the applicant's building so that staff and customers do not have to cross the normal flow of pedestrians.
  • In pedestrianised areas these principles will generally apply, although the special nature of these areas means that applications will be considered on an individual basis.
  • A route for emergency vehicles (minimum 3.5 metres) is required.

How the decision is made

An application must meet the foIlowing requirements:

  • 'A' Boards and Goods will only be aIlowed on pavements where sufficient width of footway can be left clear and unobstructed for pedestrian usage of the area (usuaIly a minimum of 2 metres)
  • 'A' Boards and Goods must be removed from the street outside the times permitted in the licence.
  • 'A' Boards and Goods must not be placed in the way of vehicle movements - this is to ensure free and unobstructed access by the emergency services.
  • All Goods displayed must be kept inside the licensed area.
  • Street furniture provided by the Council e.g. benches, Iighting, boIlards etc. should not be included in a licensed area.

Visual impact

The Royal Borough is keen to see high quality 'A' Boards and Good displayed as an integral and attractive part of the shopping area scene. To achieve this we expect the design of the 'A' Boards and Goods displayed to be of a high quality and standard.

The Council reserves the right to require certain items to be removed if they are subsequently considered inappropriate, following approval in the original licence application. This may happen if the 'A' board or display of Goods becomes:

  • Unsightly or unsafe through poor maintenance
  • Inappropriate because of new developments in the vicinity
  • Items on display are considered a potential danger to the public

'A' Boards

To maintain and enhance the high standards in our shopping areas the 'A' Boards shall be of high quality construction, well co-ordinated and in colours that are sympathetic to the surrounding area.  Light weight, flimsy or tatty construction is considered unacceptable.

Display of Goods

The Goods to be displayed must be kept neat, tidy and safely in an attractive manner and be kept within the confines of the licensed area.

Environmental Implications

It is vitally important that the environment - for customers, members of the public, local residents and staff - is a prime consideration in any application.  For further information or help regarding Environmental Health matters - telepnone 01628 683820 or e-mail us using the Customer Services enquiry form

Litter cleansing

Servicing is a major factor in the appearance of 'A' Boards and Goods and the licence will require the 'A' Boards to be kept within the licensed area. The Goods area must be kept clean, tidy and litter free and including an area of 5 metres surrounding it, must be swept and kept free of litter and debris at all times.

Noise

The Council shall ensure that licensed area will not result in noise nuisance to nearby residential accommodation or other noise sensitive premises. e.g. solicitors, counselling or therapy services. In certain circumstances this may mean that the licence can only operate within restricted hours - or indeed may not be allowed at all.

No outside music will be allowed - either played within the licensed area or conveyed to it from inside your premises.

Other requirements

Some or all these may be needed, depending on the individual application.

'A' Boards

  • No protruding elements that could cause trip or fall
  • No elements that could cause injury to passers by i.e. splinters, snagging of clothes
  • No 'A' Boards are allowed in Conservation Areas.

Goods on the Highway

  • No alcohol to be sold from the licensed area
  • Remember the need for a clear, visible price list that can be easily read by potential customers
  • Perishable items must be kept in appropriate conditions and in some cases may require shading from direct sunlight.

General

  • Lighting arrangements (if required) must be submitted as part of the application. Permanent lighting is not acceptable in the licensed area of the highway. Lighting may need separate planning permission and is not covered in the granting of a licence. No cabling will be permitted across the highway.
  • The licencee should ensure that they have Public Liability Insurance to a value of £5 million.  Evidence of this must be submitted with the application - a copy of the insurance certificate is sufficient The licensee will indemnify the Royal Borough as the Highways Authority against any claims that may arise.
  • Statutory undertakers (gas, electricity and water) have the rights of carry out work within the highways, so the licensed area must be made available to them at any time.
  • It is the responsibility of the licensee to ensure that the conditions of your licence are adhered to. The Royal Borough, under the Highways Act 1980, has powers to ensure compliance with the terms and conditions of the licence and to recover any expensed incurred.
  • No items, including food or drink of any description, may be sold from the public highway within the approved area.
  • The 'A' Board or Goods will be expected to enhance the local area. Applications that simply seek to place an 'A' Board or Goods on the highway without any effort to meet the required standards are Iikely to be refused.
  • Additional guidelines may be added to licences as and when necessary.
  • On completion of the licence, the licencee will be provided with either a sticker to put in the window of their premises or to display on the 'A' board to show that they have a licence. If this is not displayed, the owner may be served with a notice to remove the items or the licence may be revoked.
  • Licences are generally granted for a two year period, although they may be for a shorter period if there are particular concerns. Details of the fees are shown on the application form.
  • If any alterations to the highway or to street furniture provided by the Council are required to accommodate the licence they will be paid for by the applicant. e.g. relocation of public seating.
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Author: Andrew Scott
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