Graffiti.

Information on Graffiti and how to get it removed.

What is Graffiti?

Graffiti is a form of vandalism, and is becoming more prevalent throughout the country. It is often written, painted or scratched onto property that is owned by others. More recently "tagging" has increased, where individuals or gangs leave a signature mark in areas where they visit. This can be in high risk areas such as motorway bridges, on the railways, or in public places, as those responsible gain additional kudos from their peers due to the enhanced risk. Street furniture, such as cable equipment boxes, and vacant buildings are particularly prone to graffiti.

Environmental Health Officers can deploy covert surveillance equipment to monitor sites prone to graffiti in an effort to identify offenders. Exercises have also been undertaken with the police, which have lead to the arrest and subsequent conviction of persistent offenders.

If you have information about a person who you believe to be responsible for graffiti, contact Environmental Health on 0121 704 8369 or email: environmentalhealth@solihull.gov.uk

Removal of Graffiti from Public Property

Solihull Council aims to remove offensive graffiti from all public property within two hours of it being reported. All other forms of graffiti will be removed within four weeks.

To inform the Council of some graffiti on public property, and request its removal, telephone:

The Graffiti Hotline on 0121 717 1580 or email info@solihullcommunityhousing.org.uk

Removal of Graffiti from Private Property

The Council also provides a service to remove graffiti from dwellings for a nominal charge. This service is also available for commercial premises, where a competitive charge is applied.

Environmental Health Officers have recently been given powers under the Antisocial Behaviour Act 2003 to serve Defacement Removal Notices in relation to private property that is on the public highway, such as cable equipment boxes, telephone boxes and post boxes. These Notices give the owners 28 days to remove any defacement; including graffiti and fly posting. If the Notice is not complied with, the owner commits a criminal offence, and it allows the Council to remove the defacement in default and to reclaim the costs in doing so.

To request that graffiti be removed from your dwelling or commercial premises, telephone the Graffiti Hotline on 0121 717 1580 or email info@solihullcommunityhousing.org.uk.

Offences

Graffiti is a serious criminal offence, and is dealt with under the provisions of the Criminal Damage Act 1971. It is an offence for any person to damage any property belonging to another, unless they had a lawful excuse to do so.

Penalties

The maximum penalty upon conviction for an offence under section 1 of the Criminal Damage Act 1971 is ten years imprisonment. The seriousness of the offence means that cases can be heard in both a Magistrates Court, or a Crown Court.

In addition, there have been recent cases where Councils have successfully obtained Antisocial Behaviour Orders or Injunctions against people that commit such offences. Such measures also include the possibility of imprisonment should they be breached.

Fixed Penalty Notices

Solihull Council has adopted powers under the section 43 of the Antisocial Behaviour Act 2003 to issue fixed penalty fines to people for graffiti. Most incidents are now dealt with in this manner for first offences, and the fixed penalty is currently £75. This is reduced to £50 if the penalty is received within seven days from the date the fixed penalty was issued.

Underage Sales of Aerosol Spray Paints

Under the Antisocial Behaviour Act 2003, it is also a criminal offence to sell aerosol spray paints to people under the age of sixteen. Solihull Council enforces this by undertaking test purchases involving young people, and then taking action against retailers that proceed with the sale. The Council can also offer advice and guidance to retailers to help avoid supplying aerosol spray paints to those that are underage.

To report an underage sale, or to seek advice on the subject, telephone: Trading Standards on 0121 704 6844

Contact Details

For more information please contact Environmental Health

Telephone: 0121 704 6833

Email: environmentalhealth@solihull.gov.uk