Hoarding licence
GUIDANCE NOTES
IMPORTANT: you must allow a minimum of 10 working days from date of receipt by Herts Highways to process your request for a licence. A site meeting may be required.
Legal Requirements
You must first obtain a licence from Hertfordshire County Council before depositing building materials on any part of the highway which includes all verges, footways and carriageways. Hertfordshire County Council may prosecute you if you fail to obtain a licence or breach a condition of a granted licence for which the maximum fine on conviction is £10 for each day the contravention continued. Hertfordshire County Council may also take legal action to recover any costs incurred including the costs of removing and disposing of unauthorised building materials deposited on the highway.
Application Process
a) A charge will be made for each application, £121 for a licence up to fourteen days, and £53 for each additional seven day period.
b) As the applicant you must have public liability insurance cover of at least £10 million. An insurance certificate will need to be provided before the application is processed.
c) Applying for a licence does not guarantee that a licence will be issued, and a charge may still be taken. Hoarding will only be permitted on the highway if it is felt safe to do so.
The following conditions must be observed in respect of all structures erected and retained on the public highway:
Signing and Guarding of Structures
1. The structure must be clearly marked with the licence number, owner’s name, address and a 24hour telephone number and these must be kept clean and legible at all times on a board measuring no greater than 1.0 Sq. The structure shall not display any advertisement. For the purpose of these conditions reference to ‘structure’ shall mean scaffolding and / or hoarding.
2. The structure must be lit and the lights maintained between half an hour before sunset and half an hour after sunrise. Lights shall comply with Safety at Street Works and Road Works - A Code of Practice, the Traffic Signs Regulations and General Directions, and with Chapter 8 of the Traffic Signs Manual.
3. The structure shall be signed and guarded in accordance with Safety at Street Works and Road Works - A Code of Practice, the Traffic Signs Regulations and General Directions, and with Chapter 8 of the Traffic Signs Manual.
Highway Safety
1. The structure shall not obstruct visibility of junctions, road signs, traffic lights or other street furniture or interfere with the traffic flow.
2. A 1.2m clear walkway must be maintained at all times on the footway. If this cannot be provided on the footway then a suitable alternative must be provided and shall comply with Safety at Street Works and Road Works - A Code of Practice.
3. The structure shall be positioned so as not to obstruct the access to any premises, unless done with the consent of the owner.
4. Structures are not to be positioned over gullies, fire hydrants, inspection valves or other covers, and shall be placed approximately 150mm away from the kerb edge (where stored on the carriageway) so that the surface water drainage is not impeded.
5. No materials shall be used in association with the structures which contain any flammable, explosive, corrosive, noxious materials or any material which is likely to putrefy, damage, pollute the highway or become a nuisance to users of the highway.
Highway Condition
1. Applicants should inspect the highway before erecting the structure and report any damage to Highways. Failure to do so will imply that the highway is in good order and the applicant will be charged for repairs to any damage subsequently reported.
2. The highway where the structure is retained shall be kept / maintained in a clean and tidy condition during the period of the licence and any spillage or debris shall be swept and removed from the highway.
Expiry and Breaches of Licence
1. The applicant must notify Highways by telephone or email no later than one working day after removal of the structure from the highway. If the applicant fails to provide such notice then it shall be deemed the condition of the highway upon removal of the structure is that condition as of the date Highways becomes aware of the removal and inspects the highway.
2. The highway may be inspected upon removal of the structure and any damage to the highway shall be recharged to the applicant.
3. No structure shall remain on the highway once the licence has expired.
4. Right is reserved to remove the structure from the highway without notice if conditions of the licence have not been complied with. Costs will be recharged to the applicant.
5. All structures on the highway without a licence will be removed without notice. Cost will be charged to the owner of the structure and / or the person that has directed the depositing of the structure.
6. If the applicant wishes to extend or renew the licence a further application will need to be made to Highways. The application must be received no later than five working days before the expiry of the current licence.
Legal Indemnity
1. The applicant indemnifies and saves harmless Hertfordshire County Council and / or its officers and agents against and from all claims, demands, actions, costs and damages however arising out of by or in consequence of erecting and retaining the structure on the highway.
2. Where the applicant is a body corporate then the person authorised to make this application on its behalf agrees to indemnify Hertfordshire County Council on the same terms as stated in standard condition 19 above and any costs or expenses incurred by Hertfordshire County Council due to a breach of any the licence, joint and severally
3. The applicant must take out and maintain public liability insurance for a sum of at least ten million pounds (£10,000,000) in respect of any one claim and shall on request by the Hertfordshire County Council produce for inspection the relevant policies of insurance together with receipts for the premiums paid
4. The applicant acknowledges that the issue of this licence by Hertfordshire County Council does not imply that the structure has been checked or approved by Hertfordshire County Council. The applicant must obtain any other consent which may be required. Note. There are stringent regulations governing the design and construction of temporary structures which are enforced by the Health and Safety Executive.
Miscellaneous Provision
1. Additional conditions may apply and these may be determined by a site visit prior to a licence being issued. These additional conditions form part of the licence.
2. When the structure is to be retained in a parking area which normally has a parking charge or resident parking, permission must be sought from the Parking Authority.
3. Right is reserved to request the removal of the structure should Highways deem this necessary in the event of an emergency or for operational requirement.
4. The applicant shall immediately remove the structure at the request of any statutory undertaker who requires the site.