Businesses wishing to place objects such as A-boards, displays of goods and pavement cafe furniture on the public highway in Douglas town centre must apply for a licence from Douglas Borough Council before the January 20, 2011 deadline.
In 2010 the Department of Infrastructure transferred full enforcement powers in relation to unlicensed obstructions on the highway to the Council.
Under Section 45 of the Highways Act 1986 the Council can require unlicensed items to be removed and, if not removed, for its enforcement officers to remove the obstruction after the serving of a three-days’ notice.
To this end Douglas Development Partnership issued letters in November 2010 to all businesses in Douglas town centre with unlicensed furniture, advertising boards or displays of goods outside their premises on the highway. The letter advised businesses of the need to apply for a licence under the Act and provided an opportunity to apply for a licence at a reduced fee of ?50, provided the application were received by January 20, 2011. Traders were also notified that applications received after that date would attract a ?100 fee.
Douglas Borough Council has now sent a letter to those businesses that have yet to submit applications, alerting them to the reduced fee opportunity and informing them that the Council will begin enforcement procedures should no application be submitted. In such instances enforcement will entail removal of the offending items and storage charged to the business. The items will only be returned after an application for a licence has been submitted and approved by the Council.
Enforcement of the Highways Act 1986 has been welcomed by the Manx Foundation for the Physically Disabled whose manager Jan Jukes said: ‘The Foundation is extremely pleased that Douglas Borough Council now has the powers to take enforcement action against unlicensed ‘A’ boards, pavement cafe furniture and displays of goods. Our Access Office works towards making sure that disability is not a barrier to accessing buildings, obtaining goods or using services for the people who live, work and visit the Isle of Man. This is a difficult task as the Disability Discrimination Act 2006 has not yet come into force. These new enforcement powers are definitely a step in the right direction for disabled people. Businesses need to think twice before placing advertising boards and furniture on the pavements as inappropriately placed items can become a hazard particularly for wheelchair users and people who have a visual impairment. We hope that this helps raise the awareness of the difficulties disabled people face on a day-to-day basis and emphasises the need for the Disability Discrimination Act 2006 also to become enforceable.’
Application forms for a Highway Licence can be downloaded from the Council’s website at www.douglas.gov.im under ‘A Boards’ in the A-Z section. Alternatively please call 612022 or email cpycroft@douglas.gov.im
Ends
Friday 14th, January 2011 09:18pm.