Fly-posting is defined in law as the display of advertising material on buildings and street furniture without the consent of the owner. Fly-posting can be broadly divided into three main groups:
Advertising for local events
Often these are photocopies that are displayed in large numbers across lampposts, street furniture and pasted across derelict buildings, advertising events such as village fetes or band plying in local pubs.Professional Advertisements
These include advertisements for services or products of businesses and organisations. Often these are large and high quality colour posters that advertise things such as record releases.Advertisements for pressure groups and political bodies
Advertisements may be displayed randomly without any clear pattern.
The Problem
Environmental crimes such as fly-posting look bad and are expensive to clean up. Such crimes can make an area look dirty and neglected, which can encourage further anti-social behaviours and crimes. Heavily fly-posted areas can contribute to urban decay which can make local residents feel uneasy or frightened in their community. Fly-posting can also have a negative impact on our local economy, as visitors are less likely to want to return to Torbay if areas have been defaced by environmental crimes.
Legal Advertising
Fly-posting takes place because it is an inexpensive form of advertising which can convey a message to a wide range of people within a targeted area. There is no excuse for fly-posting as there are a wide range of legal advertising methods that can be used to publicise products, services and events such as:
Council owned advertising sites. The council operates a limited number of advertising sites throughout Torbay for cultural events. Enquiries can be made to the council’s Residents and Visitors Services Team on 01803 665800.
Council libraries. Council libraries can, in some circumstances, display promotional advertisements for voluntary and community events. Enquiries should be made direct to individual libraries in Torbay.
Other advertising sites (e.g. bus shelters, billboards, telephone boxes, buses, taxis).
Radio and print advertising. Radio and print advertising can be purchased in Torbay.
Distributing flyers. Distributing flyers can be a cost effective method of publicising goods and services, however the activity can generate significant levels of litter. In 2009, the council introduced a Distribution of Free Printed Matter Designation Order in Torquay. Anyone wishing to distribute free printed matter (such as flyers) in the area of the Order now needs formal consent from the council. Applications for consent can be made to the council’s Community Protection Team and further information can be found on the Free Distribution of Printed Matter Designation Order 2009 page.
Legally displaying posters. Many premises such as retailers, bars, nightclubs and cafes may be willing to display posters.
Sandwich Boards/Human Billboards. Sandwich Boards/Human Billboards can be hired or purchased and provide a mobile form of advertising.
Controlled Advertising
The council does not permit fly-posting on any council property, such as street furniture at any time.
As a robust stance on fly-posting can present difficulties to some groups, in exceptional circumstances the council may allow voluntary, community groups and charities to advertise through the use of placards, if it can be demonstrated that the event cannot be effectively promoted using other advertising methods.
Any group wishing to advertise in this manner must apply for permission from the council, and comply with the required detail in the Town and Country Planning (Control of Advertisements) Regulations 1992. Any person wishing to seek consent from the council must place their request in writing or email highways@torbay.gov.uk 
or write to Highways Management, Torbay Council, Roebuck House, Abbey Road, Torquay TQ2 5TF.
or write to Highways Management, Torbay Council, Roebuck House, Abbey Road, Torquay TQ2 5TF. The Penalties
The council can take action against:
Any person erecting fly-posting
Any individual caught by an authorised officer of the council in the act of fly-posting may be issued a Fixed Penalty Notice for £75 as an alternative to prosecution. Should an individual be deemed as prolifically fly-posting, evidence will be gathered and the council may take further legal action.
Any business or group benefiting from the advertising
Where fly-posting is reported on private property, a warning letter may be issued to the business(es) benefiting from the advertisement in the first instance. This letter will explain the relevant legislation, give advice on responsible advertising and request that the fly-posted advertisements be removed.
Where fly-posting has occurred on council owned property, advertisements will be removed immediately. Where there is sufficient evidence to prove an offence has been committed, the case may be submitted to the council’s Legal Team for consideration, and to the Licensing Team if appropriate.
The owner or occupier of the building/property where the fly-posting is erected.
The council cannot remove fly-posting on private property. When fly-posting on private property has occurred, the council will make attempts to notify the property owner. The council will work with such owners, to take enforcement action against the business(es) benefiting from the advertisement. Should the property owner fail to remove the fly-posting, the council may seek to take legal action to formally require the removal of the advertisement(s).
Report It!
Residents and visitors to Torbay deserve to enjoy a clean and litter free environment. If you know of a person or business who is responsible for fly-posting in Torbay, you can help keep Torbay tidy by reporting them to the council on telephone 01803 207900.
Prior to contacting the team, you may want to think about the following:
- When and where did the offence(s) take place?
- What event or service is being advertised?
- Is a business or group named on the advertisement?
- Is the advertisement causing a hazard to pedestrians or motorists?
Related Websites
Related Tasks
- Apply - Leaflet/Flyer Distribution Licence (Printable)
- Email this page
- Feedback - Comment on this page
- Feedback - Complaints
- Feedback - General
- Report - Enviro Crime
Contact Community Safety
- Tel: 01803 208025
- Email: community.protection@torbay.gov.uk
- Fax: 01803 208854
