Council wins case against trader who obstructed pavement with scaffolding

The council has successfully prosecuted a trader for the fourth time in the last four years, after he failed to apply for a licence to erect scaffolding. 

The case involved Mr Ben Newton, sole trader of BN Scaffolding. On 1 May 2019, Highway Enforcement officers found scaffolding at 11 St George’s Terrace, Brighton, which obstructed the pavement and had been erected without the necessary permissions.

Mr Newton was contacted and was asked to apply for a licence for the scaffolding by 9 May but failed to do so. As Mr Newton’s company, BN Scaffolding, had been sent three written warnings, the matter was passed on to the council’s legal team for prosecution. After hearing the case, the court found Mr Newton guilty in his absence and fined him £2500, plus costs of £750 and a surcharge of £120 for victim services.

Chair of the Environment, Transport and Sustainability Committee, Councillor Anne Pissaridou, said: “Mr Newton received ample warning to apply for a licence but failed to do so. Not applying for a licence not only puts the public at risk by obstructing the public highway, it is also unfair to other traders in the city who do things properly and apply for the necessary permissions. This case sends a strong message that we’ll go to court to when we need to, to protect residents and ensure that nobody is put at risk.”

Anyone wanting to use scaffolding on the Public Highway, can apply for a licence online.