Flyposting boss ordered to pay for his ASBO
Date: 19/09/05
A judge has vindicated Camden Council's use of Anti-Social Behaviour Orders (ASBOs) against company executives who arrange flyposting - by ordering a Managing Director (MD) to pay the costs.
District Judge Henderson last week (Tuesday 13 September 2005) ordered Tim Horrox, MD of Diabolical Liberties to pay Camden Council £46, 000 in court costs. Camden Council incurred the costs while seeking an ASBO against Horrox - granted by Judge Henderson at Highbury Corner Magistrates Court in March 2005 - for persistently arranging flyposting in the London Borough of Camden. At the time, Horrox's company Diabolical Liberties was thought to be the UK's largest flyposting firm, and reportedly had a turnover of £10m and 100 employees.
This was the first time an ASBO - more commonly used by local authorities against individuals for activities such as drug dealing or nuisance neighbours - had been granted against a senior company executive for arranging flyposting. Horrox's ASBO bans him from arranging flyposting anywhere in London Borough of Camden for the next two years. Should he breach the Order he will be brought before the court and could face a prison sentence.
Cllr John Thane, Executive Member for Environment, Camden Council, said:
"We are delighted by the judge's decision to award court costs. This vindicates Camden Council's decision to seek ASBOs against company executives who arrange flyposting, and the time and effort the council put in to achieve a positive outcome.
"Our belief, that taxpayers should not foot the bill for flyposting, was at the very heart of our decision to use ASBOs against flyposters in the first place. Before we used ASBOs, it cost our taxpayers £250,000 a year to clean up flyposting and prosecute offenders. Now flyposting has reduced by 95 per cent in the borough. We have recouped our costs from this court case and reduced the taxpayers' bill to virtually nil."
Pete Strange, Boulevard Project Manager, Camden Council, said:
"This is a positive result for Camden and establishes an important principle, that a Managing Director can be held responsible for anti-social behaviour, thereby getting behind the corporate veil that has for too long enabled unscrupulous organisations and individuals to evade existing laws.
"We hope other local authorities will now take the opportunity to follow Camden's lead by using ASBOs to target flyposters and others who commit anti-social behaviour. We can offer other local authorities assistance in preparing their cases and this result should alleviate their concerns about the cost. "
Notes to Editor
- An ASBO is a civil procedure, when a court can order someone to stop behaving in an anti-social way. ASBOs were sought against company executives for arranging flyposting after innumerable complaints from Camden residents, businesses and visitors about illegal flyposting. The illegal posters continued to appear throughout the borough despite Camden Council repeatedly asking companies to stop putting them up, and prosecuting them for doing so. The illegal posters appeared repeatedly at locations they had been previously been asked to clear.
- Camden Council sought ASBOs against the MD of Diabolical Liberties, Tim Horrox, and three members of his staff in August 2004, banning them from flyposting anywhere in England and Wales. This action followed the success of a similar action against Sony Music Entertainment (UK) Ltd in June 2004. Sony Music Entertainment (UK) Ltd subsequently agreed to cease flyposting in England and Wales before the matter could be determined in court.
- In March 2005, a landmark ruling saw District Judge Henderson grant an ASBO against MD Tim Horrox, banning him from arranging flyposting anywhere in the London Borough of Camden. Diabolical Liberties employees*, James Heighway, Dominic Murphy and Anna McAree, all gave undertakings at Highbury Corner Magistrates Court not to arrange flyposting in the London Borough of Camden.
*Heighway, Murphy and McAree were Diabolical Liberties employees when the ASBOs were sought in 2004. It is understood that at least Heighway and Murphy have now left Diabolical Liberties and are employed by another media company.
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