Graffiti
Section 43 - Anti-Social Behaviour Act 2003
The Council’s powers to deal with graffiti
(defacement) are contained in Sections 48 to 52 of the Anti-Social
Behaviour Act 2003 and Section 31 of the Clean Neighbourhoods and
Environment Act 2005. To require removal under the Act, the
defacement must be offensive or detrimental and this is defined as
follows:
- ‘offensive’ – graffiti which is racially
offensive and/or hostile to a religious group, sexually offensive,
homophobic, depicts a sexual or violent act or is defamatory.
- ‘detrimental’ – having a significant effect on
the amenity of an area. A proportionate view is required here and
relevant factors include: the nature and extent of the surface area
affected by the defacement, how visible it is, the level of
complaints it generates and the degree of any general defacement or
anti social behaviour problem in the area.
The Council is only able to deal with reports of graffiti on
'public land' i.e. street furniture and council property.
Use our online form to report graffiti on street furniture or
council-owned property or call Customer Services on 01562
732928.
Defra - clean neighbourhoods act