For some time now Bath and North East Somerset Council has been considering how best to regulate obstructions on the highway (which include A Boards on pavements and a host of other obstacles).
They have drafted a policy and guidelines which seek to introduce clear controls by using the Council’s powers under the Highways Act 1980 to balance the legitimate aspirations of local businesses to attract customers, whilst at the same time safeguarding the pavements for their primary purpose. This is particularly important, for example, to wheelchair users, people with visual impairments, the elderly and those who try to get pushchairs around.
The proposal is that anyone wanting to put an object on the pavement would have to apply for a permit, and this would be advertised if it meets the guidelines (i.e. if it would not be an obstruction according to the policy). If they receive any legitimate objections to the proposal, we would refer this to the Council’s Licensing Committee for determination. This is similar to the process they have for authorising Tables and Chairs on the highway and fee would be charged for the application and permit. Anyone who puts an obstacle on the footway without a permit (or if the object breaches our guidelines in terms of size, position, etc.) may, after due warning, receive a Fixed Penalty Notice (a fine) and could have the object impounded and have to pay for its return.
The Council are therefore carrying out a consultation on the proposed policy and guidelines over the next few weeks (until the end of March) and this will culminate in a report and decision on whether or not to adopt the policy with, or without, any amendments in April.
A copy of the proposed policy can be found at the following web address:
http://www.bathnes.gov.uk/business/LicencesStreetTrading/Pages/ObstructionsPolicy.aspx
Any comment on the proposed policy must be sent to Andrew_Jones@bathnes.gov.uk by Thursday 31 March 2011.
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