Our campaign gets a result!

Last year, EBRA became concerned at the number of advertising boards (A boards) and tables and chairs that were littering our pavements and presenting an inconvenenience or a danger to the eldery and infirm, mothers wheeling buggies and pedestrains in general.

A trader should have a license to place such items on the public highway. It was clear that much of the clutter was not licensed and there was no enforcement of the law going on, much to the disadvantage of local residents.

EBRA is not against street furniture! It enlivens the street scene, advertising informs us all, and we look forward to sitting outside with a coffee at a table on the pavement! But this must be balanced against the ability of all of us to pass without inconvenience or danger!

So who has a licence?

Every licenced premises should display one of these stickers complete with a diagram of the street furniture.

How do I report persistent offenders?

Just email the council at highwayobstructions@brighton-hove.gov.uk

Who is responsible?

The Highways Act 1980 states what you may or may not do with the public highway. In our area, enforcement is in the hands of the City Council and they have the power to license the placing of A boards and tables and chairs.

They also have a duty to protect the right of the public to freely use the highway. Do they do that? Not in our book!

Read the Law!

What we found out revealed a sad tale of confusion, so read on!

Is there a Council policy?

The City Council has a web page with a clear statement of their policy. All tables and chairs must be licensed, but A boards are only licensed in "Target Zones". These are the main shopping streets of the City centre. They say sections of Western Road are a Target Zone but unfortunately they don't say which sections! However, as they do issue licenses for shops and restaurants in the EBRA section of Western Road, we must be a target.

The Council web page also states that "generally speaking, except in pedestrian zones, a safe clear width of pavement for a wheelchair or double-buggy should be maintained at all times", and it makes some noises about public safety.

So why are our streets in such a mess?

It's not quite that simple.

The buildings along Western Road used to be private houses. Many of them had an area in front with steps down to a basement and these have since been filled in. Consequently, a metre or so of the pavement does in fact belong to the building. You can often see where this has happened by the appearance of the surface.

Traders or restaurants can put whatever they like on their own land, like the tables and chairs shown here. But the A boards are on the public highway!

Tables and chairs have a habit of creeping onto the public highway, extending out over the pavement. Where they do so our narrow pavements are seriously reduced in width.

Where did it all go wrong!

The Council's attempt to regulate this is half hearted and they have failed their duty to "protect and assert the rights of the public". Licensing of A boards only applies in part of the city. That does not meet the requirements of the Highways Act.

They do not ensure A boards or tables and chairs in our "Target Zone" are licensed, and their policy on obstruction is not observed.

Read what a disabled member wrote.

EBRA's Policy

Apart from complaining, what we must do is get our elected representatives to clarify the position, to ask why the Council ignores the duty placed on it in certain cases and does not follow the policy stated on its own web site.

The Council should:

• Extend the Target Areas to any area where A boards are used.
• Compel all businesses that place anything on the highway to buy a license.
• Make sure that all businesses are aware they cannot obstruct the highway.
• Patrol the streets regularly to ensure that obstructions are dealt with.
• Ensure the resources are available to do the job properly.

EBRA will campaign for this until something is done!

Report an obstruction to the City Council

Disclaimer: Our photos show both licensed and unlicensed boards and furniture and show items on private land, but every photo shows an intrusion onto the public highway. If any trader has cleaned up his act since the photos were taken, we thank them.