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Obstruction of the Highway, Section 137(1) of the Highways Act 1980 ; whether obstruction was reasonable; Section 28 of the Town Police Clauses Act 1847; what constitutes a danger
Notes
This case upholds the principles established in Nagy, Hirst and Haw that all the circumstances have to be considered when deciding whether or not an obstruction is reasonable or otherwise. Although it is not concerned with protesting, it does concern the use of advertising boards placed on the highway and could be of use to protestors accused of placing boards on the highway themselves. In this particular case the shopkeeper was found not guilty, because he had taken reasonable steps to minimise the obstruction caused by the advertising board. The council had a policy of refusing to issue a license where the obstruction exceeded a certain limit but this policy was unreasonable in the circumstances.
The case also esatblishes that there must be evidence of some potential danger, in order for an obstruction to constitute a danger under the Town Police Clauses Act 1847. The fact that an obstruction is unlawful does not of itself mean that it must be dangerous.
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