Scaffolding Company in Court for Obstructing Roads
20th December 2021
A scaffolding company faced court in early November, after being accused of erecting a scaffolding structure without a license, and subsequently obstructing traffic in Cumbria, on two separate occasions.
The incidents occurred between 30th November 2020 and 22nd April 2021 and saw the scaffolding firm erecting and retaining a scaffold on a public highway without a license outside of a Keswick pub and failing to have authorisation from the appropriate body to obstruct the highway.
The company was ultimately convicted of both offences and fined £3,750 per offence, as well as costs and a victim surcharge. A third alleged offence, which was that the company had obstructed a public highway, was withdrawn from proceedings.
It is the responsibility of a scaffold hirer or scaffolding company to obtain the appropriate license from the Local Authority when scaffolding is erected on or adjacent to a public highway (including pavements). ‘Pavement’ or ‘Highways’ Licencing requirements vary across different Local Authorities, and while they grant authority to site scaffolds (and other fixed objects!) on or adjacent to highways, they also specify the terms being applied by the controlling authority. Therefore, consideration of those specific requirements is always important, so as to ensure compliance.
For more information on Highways and Pavement Licensing, visit our Toolbox Talk.