Graffiti
Please report graffiti to us by using our online reporting form at http://www.winchester.gov.uk/graffiti
Graffiti is the illegal or unauthorised defacement of property. It can be in the form of drawings, pictures, scribbles, messages or tags that are painted, or written on walls and other surfaces without the owners consent.
Graffiti, murals and artwork on walls and other surfaces without the owners consent is classed and treated as Criminal damage. This includes graffiti on street furniture, play equipment and skate-parks.
Definition of Offensive Graffiti
Offensive graffiti is the illegal or unauthorised defacement of property, which contains some or all of the following elements:
- Offensive language
- Language of a politically/racially/religiously insulting/inciting nature
- A hate statement
- An image which is graphically explicit
- An image which is visually offensive or textually offensive by the message that it contains.
Principles of this Policy
Winchester City Council has a responsibility to the general public to keep the district, safer, cleaner and greener according to the Anti-Social Behaviour Act 2003 and the Clean Neighbourhoods and Environment Act 2005.
The Council recognises that graffiti has a negative impact on the environment, is illegal and is the most common type of property vandalism contributing to people's fear of crime. The Council will remove graffiti on its property within 10 working days of any sightings or report and will remove offensive graffiti within 2 working days of any sightings or reports.
If the graffiti is on property not owned by the Council, the Council will request the owner to remove it and provide advice on the many different types of methods for removal. Should the identified property owner not remove the graffiti within 10 working days for graffiti and 2 working days for offensive graffiti the Council may serve a Graffiti Removal Notice, see later in the policy.
Commercial premises within the Winchester Business Improvement District (BID) area may be entitled to have graffiti removed free of charge or at a subsidised rate. Businesses should contact the Winchester City Centre Partnership on 0845 3715280 for more information.
Other private and public companies have a duty to remove graffiti from their own property*, including utility companies such as;
- British Telecom (BT) Green boxes and telephone boxes
- South West Train Stations
- Network Rail's or railway infra-structure e.g. bridges
- Highways Agency property, motorway road bridges and adjoining fencing
- Royal Mail red post boxes
- Bus or transport companies buses
- Hampshire County Council Highways road furniture e.g. Bus shelters; warning, information and directional signs; as well as name plates for towns/village and entrances to Public properties signs
* The Council has an anti-graffiti partnership agreement in place to remove or paint over graffiti on Virgin Media network distribution boxes. The council aims to remove graffiti from Virgin Media distribution boxes within 10 working days of any sightings or report.
Winchester City Council gathers and stores photographic and video evidence to support legal cases against graffiti offenders. We also welcome photos and video evidence of graffiti on private property within the district to help us map and build case files against graffiti offenders. You may submit photographic/ video evidence to us at neighbourhoodwardens@winchester.gov.uk . When submitting evidence please include the location of the graffiti and the date that you first saw it.
Responsibilities and Powers
Responsibility for the removal of graffiti primarily rests with the owner of the property involved.
In addition Winchester City Council can remove graffiti from property outside of its ownership. The Anti-Social Behaviour Act 2003 empowers the Authority to issue a "Graffiti Removal Notice" to an owner requiring him/her to remove graffiti from private land within a stipulated timescale which can not be less than 28 days. Failure to comply with such a notice may result in the Council carrying out and charging for works in default (subject to right of appeal).
Winchester City Council will initiate prosecution proceedings against an individual or group when the Council believes that a criminal offence under the Criminal Damage Act 1971 has taken place.
Dealing with Offenders
As well as causing detriment to the environment, graffiti can amount to a criminal offence under the Criminal Damage Act 1971. Where the value of the criminal damage exceeds £5,000 the maximum penalty is a fine not exceeding the Statutory maximum and/or 6 months imprisonment. Where the damage does not exceed £5,000, the maximum penalty is £2,500 and/or 3 months imprisonment.
Winchester City Council works closely with other enforcement agencies to ensure that offenders are tracked and dealt with appropriately when caught. The Council gathers and stores photographic and video evidence to support legal cases against graffiti offenders, and shares intelligence where appropriate with other enforcement agencies, including the police.
Timescale for Removal of Graffiti
Graffiti
The Council will endeavour to remove general graffiti on Council land or property within 10 working days of the report being received.
For graffiti on private or commercial property it is recognised that additional time will be required, as the owner must be contacted and removal be requested. The aim however, will always be to remove graffiti, or encourage the owner to remove it, as quickly as possible.
Offensive Graffiti
The Council recognises offensive graffiti is unacceptable and following receipt of a report will be removed from Council land or property within 2 working days. As above, additional time will be required when graffiti is on property or land not owned by the Council.
Procedures for Reporting Graffiti
All reports should be directed to the Neighbourhood Wardens on 0800 389 6274 or reported on the Council's website graffiti reporting form at http://www.winchester.gov.uk/graffiti . Any member of the public, elected member or officer may make a report to the Council for the purposes of having it removed.
Additionally Winchester City Council encourages those reporting to also report the graffiti to Hampshire Constabulary on their non-emergency telephone number 0845 045 45 45 and request a Unique Reference Number.
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