Understanding Advertising Laws UK

[Advercado]

Hi, this is my first post I just joined so hope I can make it clear what I'm asking.

I don't know if anyone knows how to go around understanding deemed consent for advertising in the uk. I have tried to digest the legislation but I just can't wrap my head around it and the language. If anyone could help me that would be amazing.

https://www.legislation.gov.uk/uksi/...chedule/3/made

I am starting a company that aims to help small businesses find affordable advertising opportunities. One of the opportunities we would like to pursue is using existing unused windowspace to advertise other small businesses.

If I were a nail technician working from home I could rent a space for a poster at my local shops indicating I was 5 mins away fir example.

It's a great opportunity for small businesses renting tye space and for businesses looking to advertise.

From what I understand of the legistlation the situation is...

Either you can advertise another business but poster is limited to around an a4 sheet in the window.

Or you can advertise another business but the poster must be 1/10 the entire shop front.

Or you can't advertise another business only items for sale in your shop.

It wouldn't be a great start if I encourage shop owners to break the law so I want to understand what the rules are so I can plan how to go about everything.

One thought I had was to have small businesses advertise in the window with a poster but put something inside the shop that could be purchased so it is legal if there are restrictions. A bit like how shops can have big chocolate posters in the window because they sell the chocolate... free advertising for tye big chocolate companies.

sorry if I have posted in the wrong area a any help would be most appreciated.

Thank you.

Joe (Advercado)

[Advercado]

Anyone able to provide assistance?

[echat11]

Hi Advercado

I think you need to try to think more creatively, isn't window advertising old hat?

Marketing wise, we tend to follow US trends, you really need to create a 'buzz', be unique and different, a dinosaur (costume) handing out leaflets, a unique package for each small business (dinosaur is on topic at the moment) You don't need to charge the earth.

I don't think advertising in window space is going to help your small business, you have to wonder why the space is there.

[islandgirl]

Is this not what newsagents do with the postcards in the window which often advertise local businesses?

[echat11]

Is this not what newsagents do with the postcards in the window which often advertise local businesses?

Yeah, the thing is the 'high street' is becoming more and more 'irrelevant'.
I can't identify anything that your local newsagent can sell you that you can't
get at your local food superstore. To make a 'success' you really need to think
'out of the box'. Plus most small firms advertise on the net.

[Advercado]

Hi,

Thanks for the reply.

Yes newsagents put up small cards for local businesses but I'm interested in the legal restrictions. Can a business owner put a a0 sized poster in their window if its for a business other than their own.

I appreciate that it's a pretty small and basic way of advertising but it can be a low cost advertising solution for small businesses and a source of revenue for another.

For example,

My partner was forced to go from mobile beautician to setting up and working from home due to covid. She tried many of the online paid advertising methods with little success. We live a 2 minute walk from a large set of shops that were busy throughout covid and a well placed advertisement at the shops describingbher business and the fact it was a 2 minute walk away could have been more valuable to her than just advertising online.

I appreciate there is an argument that many didn't want her services but its not about the business she provides its about an increasing number of local businesses who work from home and could benefit from generating awareness in their local area for affordable prices.

So what I am hoping to understand from the above documentation is if there is any restrictions on the size and if a business is allowed to use their windowspace in this way?

Again thank you for the advice in advance if any.

Cheers,

Joe

[R0b]

You have to work through the legislation methodically. Per the .Gov website, there are three categories of advertisement consent:

1. Advertisements permitted without requiring either deemed or express consent from the local planning authority.
2. Those which have deemed consent.
3. Those which require the express consent of the local planning authority.

In Schedule 1, which are types of advertisements that fall under category 1, Class I says you may display an advertisement inside a building provided that:

i. advertisements must not be illuminated or
ii. displayed within one metre of any window or other external opening through which they can be seen from outside the building.

So the above exemption is probably not what you intend your business to cover but its an option. To your point under Schedule 3, certain classes for deemed consent are subject to limitations and/or conditions but other classes are not.

Class 12 permits advertisements to be displayed inside a building which are not covered by Class I above. You will see from Class 12 that there are no limitations or conditions and so far as I can see, Class 12 is what you would look to rely on for advertising in a shop window. In fact, there's nothing stopping you as to the size of the advertisement be it full, half quarter window etc. since there is no limitations/conditions to Class 12.

The small caveat is that Class 12 is still subject to the conditions/limitations set out in Schedule 2. Also be aware that under section 222 of the Town and Country Planning Act 1990, planning permission is deemed to be granted for any development of land involved in the display of advertisements in accordance with the 2007 Control of Advertisements Regulations.

Hope that makes sense

[echat11]

https://assets.publishing.service.go...499/326679.pdf

[Advercado]

Guys I can't thank you enough, both posts will go a long way to helping me make sure I stay in the governments good books!

Cheers
Joe

[echat11]

Good luck with it all.

[Advercado]

Hi guys,

I wanted to bump this again and ask a few more questions if anyone has any more info, it would be most appreciated.

I have been going through the legislation again this week as advised by ROB as we are going to go live with the website next month. It's an exciting time but I'm sure you can appreciate I don't want to start on the wrong foot and encourage something that is potentially illegal.

I am hoping that shop owners can use windowspace without applying for consent. It says that advertisements have to be 1m back from the window for deemed consent to apply which is not ideal, and I believe it says 0.3m sq is OK for windows. 0.5msq for temporary posters relating to events etc.

0.5msq is about a2 size which is not bad, where 0.3msq is a bit small as far as becoming a valuable advertising space. Also, It will be a a harder sell convincing shop owners to pay and apply for consent, in comparison to simply using empty windowspace to generate an income by operating within the guidelines of deemed consent.

Maybe we can limit the time a poster is displayed to get around the size issue?

For context of my business..

My website gives owners of advertising space all the tools to sell it and take bookings, a bit like airbnb does for hosts who want to sell and take bookings for rooms.

Unused windowspace could provide affordable outdoor advertising for small businesses and help others generate an extra income so I hope it can have a positive effect for small businesses up and down the country.

If I get it wrong from the start I really could have a nightmare on my hands!

Cheers,

Joe

[Advercado]

Hopefully the attachment link works.

Here you can see a shop with lots of products in the window. All the brands are getting free advertising to a degree. If this is OK I struggle to see how a poster for another business is not ok.

I thought... If the reason it is allowed is that they are brands that can be purchased inside the store, would it be feasible to have something inside the store like a qr code that allows the space to be booked and paid for from the store?

Cheers,

Joe