Office of Public Sector Information
(1) This Act may be cited as the London Local Authorities Act 2007.
(2) This Act and the London Local Authorities Acts 1990 to 2004 may be cited together as the London Local Authorities Acts 1990 to 2007.
(3) This Act, except—
(a) subsections (2) to (7) of section 33 (hostess bars) (as it applies otherwise than as regards the City of Westminster),
(b) section 73 (charges for pipe subways), and
(c) section 75 (mail forwarding businesses),
shall come into operation at the end of the period of two months beginning with the date on which it is passed.
(4) Subsections (2) to (7) of the said section 33 shall come into operation in accordance with subsection (1) of that section.
(5) Section 73 and section 75 of this Act shall come into operation on the appointed day.
In this Act, except where the context otherwise requires—
“authorised officer”, in relation to a borough council, means—
any employee of the council;
any other person by whom, in pursuance of arrangements made with the council, any functions under this Act fall to be discharged; or
any employee of any such person,
who is authorised in writing by the council to act in relation to the relevant provision of this Act;
“borough council” means London borough council and includes the Common Council of the City of London in its capacity as a local authority and “borough” and “council” shall be construed accordingly.
(1) For the purposes of subsections (4) and (5) of section 1 (citation and commencement) of this Act, including the purposes of subsection (1) of section 33 (hostess bars) of this Act, “the appointed day” means such day as may be fixed in relation to a borough by resolution of the borough council, subject to and in accordance with the provisions of this section.
(2) Different days may be fixed under this section for the purpose of the application of different provisions of this Act to a borough.
(3) The borough council shall cause to be published in a local newspaper circulating in the borough and in the London Gazette notice—
(a) of the passing of any such resolution and of a day fixed by them; and
(b) of the general effect of the provisions of this Act coming into operation on that day,
and the day so fixed shall not be earlier than the expiration of one month from the publication of the notice in the London Gazette.
(4) A photostatic or any other reproduction certified by the officer appointed for that purpose by the borough council to be a true reproduction of a page or part of a page of any such newspaper or London Gazette—
(a) bearing the date of its publication; and
(b) containing any such notice,
shall be evidence of the publication of the notice and of the date of publication.
In this Part of this Act—
“the 1978 Act” means the Refuse Disposal (Amenity) Act 1978 (c. 3);
“the 1990 Act” means the Environmental Protection Act 1990 (c. 43);
“an advertising offence” means an offence—
under section 132 of the Highways Act 1980 (c. 66) (unauthorised marks on highways);
under section 224(3) of the Planning Act (enforcement of control as to advertisements);
under subsection (4) of section 5 (portable advertisements, etc.) of this Act; or
of aiding, abetting, counselling or procuring the commission of an offence mentioned in paragraphs (a) to (c) above,
committed after the day on which section 13 (advertising: seizure) of this Act comes into effect;
“fly posting offence” means an offence—
under section 224(3) of the Planning Act;
committed in Greater London by a person who is deemed to display an advertisement for the purposes of that subsection by virtue of section 224(4)(b) of the Planning Act; and
which relates to an advertisement affixed to any surface without the authorisation of the owner of that surface;
“the Planning Act” means the Town and Country Planning Act 1990 (c. 8);
“the Police Commissioner” means the Commissioner of Police of the Metropolis or, in the City of London, the Commissioner of Police for the City of London;
“relevant object” means—
any advertisement (whether displayed or not);
any vehicle (including its fuel); or
any equipment or materials which may be used for the purpose of fixing advertisements to surfaces or placing advertisements on surfaces;
“shroud advertisement” means an advertisement—
which is made of a flexible material;
which is not affixed to any hoarding or similar structure used, or designed or adapted for use, for the display of advertisements; and
which is attached to a building or to scaffolding;
“shroud advertisement offence” means an offence—
under section 224(3) of the Planning Act;
committed in Greater London by a person who is deemed to display an advertisement for the purposes of that subsection by virtue of section 224(3)(b) of the Planning Act; and
which is committed in respect of the display of a shroud advertisement.
(1) No portable advertisement may be displayed within a designated area, except in accordance with subsection (2) below.
(2) The display of an advertisement—
(a) for which express consent has been given; or
(b) for which deemed consent has been given,
is in accordance with this subsection.(3)
(3) Subsection (1) above is without prejudice to any prohibition or restriction on the display of a portable advertisement contained in advertising regulations or any other enactment or rule of law relating to the display of advertisements.
(4) Any person who—
(a) displays a portable advertisement in contravention of subsection (1) above; or
(b) causes or permits any person so to do,
shall be guilty of an offence and liable on summary conviction to a fine not exceeding level 4 on the standard scale.
(5) Without prejudice to the generality of subsection (4) above, a person shall be deemed to display a portable advertisement for the purposes of that subsection if the advertisement gives publicity to his goods, trade, business or other concerns.
(6) A person shall not be guilty of an offence under subsection (4) above by reason only of his goods, trade, business or other concerns being given publicity by the portable advertisement if he proves any of the matters specified in subsection (7) below.
(7) The matters are—
(a) that the portable advertisement was displayed without his knowledge; or
(b) that he took all reasonable steps and exercised all due diligence to prevent the display; or
(c) that the advertisement was displayed on an item used wholly or mainly for purposes other than advertising.
(8) The reference in subsection (4) above to a person who displays a portable advertisement in contravention of subsection (1) above shall be deemed to include a reference to a person who displays a portable advertisement on or from land within 7 metres of any street or way designated under subsection (1)(c) of section 6 (advertisements: designation of areas) of this Act and who is not—
(a) the owner of that land;
(b) the person liable to be assessed to the uniform business rate in respect of that land; or
(c) on that land with the consent in writing of either of the persons mentioned in paragraphs (a) and (b) above.
(9) In any proceedings for an offence under this section, it shall be presumed, unless the contrary is shown, that the area in which the alleged offence took place was designated in accordance with the said section 6.
(10) In this section—
“advertising regulations” means regulations made under section 220 of the Planning Act (regulations controlling display of advertisements);
“designated area” means an area designated in accordance with the said section 6; the
“display” of an advertisement means (subject to subsection (11) below) the display of the advertisement in the course of a business by means of an individual or individuals holding or carrying it or otherwise having control of it in person at the place where it is located;
“express consent” and “deemed consent” mean express consent and deemed consent for the purposes of any advertising regulations;
“portable advertisement” means any thing which is capable of being held or carried and which is an advertisement as defined in section 336(1) of the Planning Act but as if for “wholly or partly” there were substituted “wholly or mainly”.
(11) A portable advertisement shall, for the purposes of this section, be deemed to be displayed as a portable advertisement notwithstanding that it is placed upon, leant against or attached to apparatus, street furniture or any other structure or object situated—
(a) in a designated area; or
(b) on any land within 7 metres of any street or way designated under subsection (1)(c) of the said section 6.
(1) A borough council may designate, in accordance with the following provisions of this section, areas comprising any of the following places or any part of such places in the borough as designated areas to which this section applies—
(a) a public off-street car park;
(b) a recreation ground, garden, park, pleasure ground or open place under the management or control of a borough council;
(c) a street or way to which the public commonly have access, whether or not as of right.
(2) The council shall exercise their powers under this section only in the interests of amenity and public safety, taking account of any material factors, and in particular—
(a) in the case of amenity—
(i) the general characteristics of the locality, including the presence of any features of historic, architectural, cultural or similar interest;
(ii) the desirability of preserving or enhancing the character or appearance of a conservation area, where appropriate,
disregarding, if they think fit, any advertisement being displayed there;
(b) in the case of public safety—
(i) the safety of any person who may use any road, railway, dock, harbour or aerodrome;
(ii) whether any display of advertisements is likely to obscure, or hinder the ready interpretation of, any road traffic sign, railway signal or aid to navigation by water or air.
(3) Before designating any area under this section, the council shall publish, or cause to be published, in at least one newspaper circulating in the locality, and on the same or a subsequent date in the London Gazette, a notice that such a proposal has been made, naming a place or places in the locality where a map or maps defining the area concerned may be inspected at all reasonable hours.
(4) Any notice under subsection (3) above shall state that any objection to the proposal may be made to the proper officer of the borough council in writing within such period (not being less than 21 days from the date when the notice was published) as is specified in the notice.
(5) The council shall not designate an area under this section until after the expiry of the specified period.
(6) In determining whether to designate an area under this section, the council—
(a) shall take into account any objections made in accordance with subsection (4) above;
(b) may modify the proposal if—
(i) they have notified, in writing, any person who has made an objection or representation to them of their intention and their reasons for it and has given them a reasonable opportunity to respond; and
(ii) the intended modification does not extend the area of land specified in the proposal.
(7) Where the council designates an area under this section, they shall notify any person who has made an objection in accordance with subsection (4) above.
(8) Notice of the designation of a particular area shall be published by the council in at least one newspaper circulating in the locality and on the same or a subsequent date in the London Gazette, and such notice shall—
(a) contain a full statement of the effect of the designation;
(b) name a place or places in the locality where a copy of the designation and of a map defining the area concerned may be seen at all reasonable hours; and
(c) specify a date when the designation shall come into force, being at least 14 and not more than 28 days after the publication of the notice in the London Gazette.
(9) A designation shall come into force on the date specified in the notice given under subsection (8) above.
(10) In this section, “conservation area” means a conservation area designated under section 69 of the Planning (Listed Buildings and Conservation Areas) Act 1990 (c. 9) (designation of conservation areas).
(1) Section 11 (unauthorised advertisement hoardings, etc.) of the London Local Authorities Act 1995 (c. x) is amended as follows.
(2) In subsection (1)—
(a) at the beginning, the words “Subject to subsection (1A) below” are inserted;
(b) the words “or which was erected before 1 April 1990” are omitted.
(3) After subsection (1), the following subsection is inserted—
“(1A) This section does not apply to a hoarding or other structure which was erected before 1 April 1990, unless—
(a) a discontinuance notice has been served in relation to it under regulations made under section 220 of the Act of 1990; and
(b) either—
(i) the time for making an appeal in relation to the discontinuance notice under section 78 of the Act of 1990 (right to appeal against planning decisions and failure to take such decisions) has expired with no such appeal having been made; or
(ii) an appeal in relation to the discontinuance notice under the said section 78 has been made, and the appeal has been discontinued or dismissed.”.
(1) Where a person is convicted of a fly posting or shroud advertisement offence committed in Greater London, the court by which he is convicted shall, if the circumstances specified in subsection (4) below are present, impose a fine, the level of which shall be a minimum of level 4 on the standard scale and a maximum of £20,000.
(2) Subsection (1) above shall not apply where the court is of the opinion that there are particular circumstances which—
(a) relate to any of the offences or to the offender; and
(b) would make it unjust to do so in all the circumstances.
(3) Section 224(3) of the Planning Act, insofar as it makes provision for the punishment of offenders, shall not apply where subsection (1) above applies.
(4) The circumstances mentioned in subsection (1) above are that, during the five years ending with the date of the conviction, the person has been convicted of, in total, no fewer than three fly posting or shroud advertisement offences, providing that the conditions in subsections (5), (6) and (7) below are satisfied.
(5) The first condition is that the first of the three convictions was in respect of an offence which was committed after the date on which this section came into force.
(6) The second condition is that the second of the three convictions was in respect of an offence which was committed after the date of the first conviction.
(7) The third condition is that the third of the three convictions was in respect of an offence which was committed after the date of the second conviction.
(8) The Powers of Criminal Courts (Sentencing) Act 2000 (c. 6) shall apply in Greater London as if in section 112(1)(a) (appeals where previous convictions set aside), after “or 111 above” the words “or under section 8(1) of the London Local Authorities Act 2007 (c. ii) (automatic minimum fine on third conviction for fly posting or shroud advertisement offence)” were inserted.
(1) Where—
(a) on any date after section 8 (automatic minimum fine on third conviction for fly posting or shroud advertisement offence) of this Act came into force a person is convicted of a fly posting or shroud advertisement offence; and
(b) the court by or before which he is so convicted states in open court that he has been convicted of such an offence on that date; and
(c) that court subsequently certifies that fact,
the certificate shall be evidence, for the purposes of the said section 8, that he was convicted of such an offence on that date.
(2) Where—
(a) on any date after the said section 8 came into force a person is convicted of a fly posting or shroud advertisement offence; and
(b) the court by or before which he is so convicted states in open court that the offence was committed on a particular day or over, or at some time during, a particular period; and
(c) that court subsequently certifies that fact,
the certificate shall be evidence, for the purposes of the said section 8, that the offence was committed on that day or over, or at some time during, that period.
Where an offence is found to have been committed over a period of two or more days, or at some time during a period of two or more days, it shall be taken for the purposes of section 8 (automatic minimum fine on third conviction for fly posting or shroud advertisement offence) of this Act to have been committed on the last of those days.
(1) If a borough council has reason to believe that there is a persistent problem with the display of unauthorised advertisements on a relevant surface, the council may serve a notice under subsection (3) below on the owner or occupier of the land in or on which the relevant surface is situated.
(2) If after reasonable enquiry the council have been unable to ascertain the name and address of the owner or occupier, they may affix a notice to the relevant surface.
(3) A notice under this subsection is a notice requiring, within such reasonable time (not being less than 28 days) as may be specified in the notice, the owner or occupier of the land in or on which the relevant surface is situated to carry out such reasonable measures as may be required by the council to prevent or reduce the frequency of the display of unauthorised advertisements on the relevant surface.
(4) The sections of the Public Health Act 1936 (c. 49) mentioned in Schedule 1 to this Act shall have effect as if references therein to that Act included references to this section.
(5) This section shall have effect as if it were an Act or order to which section 42 of the Local Government (Miscellaneous Provisions) Act 1976 (c. 57) (which makes provision for certain local Acts and orders to be subject to the planning enactments) applies.
(6) The period within which an owner or occupier must comply with the requirements of a notice under subsection (3) above may be extended with the agreement of the council.
(7) No council shall exercise their powers under this section until a code of practice dealing with the exercise of those powers has been published by a joint committee, and a council shall have regard to the code of practice when exercising those powers.
(8) In preparing a code of practice to be published under subsection (7) above, the joint committee shall consult—
(a) persons appearing to them to be representative of interests likely to be substantially affected by the exercise of powers under this section; and
(b) such other persons as they consider appropriate.
(9) A council may not recover their expenses under section 290(6) of the Public Health Act 1936 (provisions as to appeals against, and the enforcement of, notices requiring execution of works) in respect of a relevant surface, if the relevant surface—
(a) forms part of a flat or a dwellinghouse; or
(b) is within the curtilage or forms part of the boundary of the curtilage of a dwellinghouse.
(10) In this section and section 12 (railway undertakers: provision for purposes of section 11) of this Act—
“joint committee” means any joint committee established under section 101(5) of the Local Government Act 1972 (c. 70) and comprising at least one member from each borough council;
“premises” means building, wall, fence or other structure or erection;
“relevant surface” means the surface of any premises, apparatus or plant;
“unauthorised advertisements” means advertisements in respect of which advertising offences are committed.
(1) Subsections (2) to (4) below apply where a borough council serve a notice under subsection (3) of section 11 (advertising: measures to be taken on surfaces) of this Act (a “section 11 notice”) requiring a protected party to carry out measures in respect of the display of unauthorised advertisements on a relevant surface situated on its operational land.
(2) The protected party may, within a period of 28 days beginning with the day on which the notice is served, serve a counter-notice on the council specifying alternative measures which will in their reasonable opinion have the effect of preventing or reducing the frequency of the display of unauthorised advertisements on the relevant surface to the same or greater extent than the measures specified in the notice.
(3) Where a counter-notice is served under subsection (2) above, the section 11 notice shall be deemed—
(a) to require the alternative measures specified in the counter-notice to be carried out (instead of the measures actually required by the notice); and
(b) to have been served on the date on which the counter-notice was served.
(4) The period within which a protected party must carry out the measures specified in a counter-notice served under subsection (2) above may be extended by agreement of the council.
(5) Subsections (6) to (9) below apply where a council propose to exercise a relevant power in respect of any operational land of a protected party.
(6) Before exercising the relevant power the council shall serve not less than 28 days' notice in writing of their intention so to do on the protected party specifying the relevant surface concerned and its location.
(7) The protected party on whom a notice under subsection (6) above is served may within the period of 28 days beginning with the day on which the notice is served serve a counter-notice on the council—
(a) specifying conditions subject to which the relevant power is to be exercised, being reasonable conditions which are necessary or expedient in the interests of safety or the efficient and economic operation of the protected party’s undertaking; or
(b) requiring the council to refrain from exercising the relevant power, if the protected party has reasonable grounds to believe, for reasons connected with the operation of its undertaking, that the relevant power cannot be exercised under the circumstances in question—
(i) without risk to the safety of any person; or
(ii) without unreasonable risk to the efficient and economic operation of the protected party’s undertaking.
(8) Where a counter-notice is served under subsection (7)(a) above the relevant power may only be exercised subject to and in accordance with the conditions in the counter-notice.
(9) Where a counter-notice is served under subsection (7)(b) above the relevant power may not be exercised.
(10) In this section—
“operational land” has the same meaning as in the Planning Act;
“protected party” means—
Network Rail Infrastructure Limited; and
Transport for London,
and their subsidiaries (within the meaning given by section 1159 of the Companies Act 2006 (c. 46)), servants, agents and contractors;
“relevant power” means a power to enter land conferred by section 287 (power to enter premises) of the Public Health Act 1936 (c. 49) as applied by subsection (4) of the said section 11.
(1) If an authorised officer or a constable has reasonable grounds for suspecting that a person has committed an advertising offence in Greater London and the conditions of subsection (2) below apply, the authorised officer or constable may seize any relevant object if the relevant object is in the possession of or under the control of that person at the time of the alleged offence.
(2) The conditions are that the relevant object—
(a) may be required to be used in evidence in any proceedings in respect of the suspected offence; or
(b) may be the subject of forfeiture under section 16 (forfeiture of seized items) of this Act.
(3) An authorised officer shall produce his authority if required to do so by the person having possession or control of any relevant object seized in pursuance of the powers in subsection (1) above.
(4) An authorised officer or a constable shall, forthwith after seizing any relevant object under subsection (1) above, give to the person from whom the object was seized a certificate containing the following information—
(a) the name and address of the person who the authorised officer or constable suspects has committed the suspected offence;
(b) if different from the name and address of the person mentioned in paragraph (a) above, the name and address of the owner of the relevant object;
(c) the type of object seized (including, in the case of a vehicle, its make and registration mark); and
(d) information about subsection (2) of the said section 16.
(5) If an authorised officer or constable—
(a) is unable, after reasonable inquiry of the person who he suspects has committed the suspected offence, to ascertain the name or address of—
(i) that person; or
(ii) the owner of the relevant object; or
(b) has reasonable cause to suspect that a name or address provided to him is incorrect,
he need not comply with paragraph (a) or (b), as the case may be, of subsection (4) above.
(6) The owner of a vehicle for the purposes of this section, shall be taken to be the person by whom the vehicle is kept.
(7) In determining, for the purposes of this section, who was the owner of a vehicle at any time, it shall be presumed that the owner was the person in whose name the vehicle was at that time registered under the Vehicle Excise and Registration Act 1994 (c. 22).
(1) The following provisions of this section shall have effect where any relevant object is seized under subsection (1) of section 13 (advertising: seizure) of this Act and references in those provisions to proceedings are to proceedings in respect of the alleged offence in relation to which the relevant object is seized.
(2) Subject to subsections (3) to (6) below, following the conclusion of the proceedings the relevant object shall be returned to the person from whom it was seized unless—
(a) the court orders it to be forfeited under section 16 (forfeiture of seized items) of this Act; or
(b) any award of costs to the council by the court, which may include removal, return and storage costs, have not been paid within 28 days of the making of the order.
(3) If—
(a) at the end of the period of 56 days beginning with the date of seizure—
(i) no proceedings have been instituted; or
(ii) any proceedings instituted within that period have been discontinued; or
(b) at any time after the end of that period any such proceedings are discontinued,
the relevant object shall, at the appropriate time, be returned to the person from whom it was seized unless it has not proved possible, after diligent enquiry, to identify that person and ascertain his address.
(4) In subsection (3) above, “the appropriate time” means—
(a) in the case of paragraph (a), the end of the period of 56 days mentioned in that paragraph;
(b) in the case of paragraph (b), the time when proceedings are discontinued.
(5) Where the relevant object is not returned because it has not proved possible to identify the person from whom it was seized and ascertain his address or because the person from whom it was seized or the owner has disclaimed or refused to accept it—
(a) a magistrates' court may make an order as to the manner in which it should be dealt with (in the case where proceedings for an offence under this section have been commenced in relation to the article or thing); or
(b) the council or the Police Commissioner may make a complaint to the magistrates' court for a disposal order under section 15 (disposal orders) of this Act (whether or not such proceedings have been commenced).
(6) Where after 28 days any costs awarded by the court to the council have not been paid to the council in full—
(a) the relevant object may be disposed of in any way the council thinks fit; and
(b) any sum obtained by the council in excess of the costs awarded by the court shall be returned to the person to whom the relevant object belongs.
(7) When any relevant object is disposed of by the council under subsection (6) above the council shall have a duty to secure the best possible price which can reasonably be obtained for it.
London Local Authorities Act 2007