Conwy Council accused of waste of time over Dolwyddelan sign

Nov 4 2010 by Samantha Castle, North Wales Weekly News

Gwydir Hotel

A COMPLAINT made by Conwy County Council against a pub’s A-board advertisement has been withdrawn after a dramatic U-turn.

Local businessman Mike Skerrett, of the recently re-opened Gwydir Hotel in Dolwyddelan, was brought before magistrates on Tuesday morning by the council under a Section 149 notice of the Highways Act for a “sign obstructing a footway on the A470”.

The Gwydir Hotel had been warned by the authority that their A-board sign was obstructing the highway, and so Mr Skerrett claims he moved the board a few feet back into the property’s curtilage within a day or so.

But still the county council decided to take him to court.

The council’s representing solicitor Stewart Dunn petitioned the magistrates court to place an order against any further “on-road” advertisements by the occupiers of the pub, saying: “The occupier continues to contravene the Highways Act.”

But landlord Mike Skerrett argued against the order on two counts.

He told the court: “Firstly neither myself or Gwydion Roberts, who have been accused by Conwy County Council and Stuart Dunn of causing a nuisance with the sign, are the occupiers of the Gwydir Hotel – Urien Roberts is.

“And secondly, the sign was moved on October 25 following the [council’s] first letter of complaint.”

However, the complaint and order request by Conwy County Council against the pub were dramatically withdrawn after court clerk Helen Garner questioned the matter.

After a short discussion Ms Garner advised magistrates that the case would have to be adjourned to a further CPS court hearing on November 16 unless an agreement could be reached.

She said: “The occupier cannot continue to contravene the Highways Act if he has moved the sign. If you can reach an agreement not to move the sign then the complaint can be withdrawn.”

The complaint was withdrawn after both Mike Skerrett and Gwydion Roberts signed an agreement not to place an advertisement on the highway without consent.

Outside court Mr Skerrett commented: “The whole matter is a complete waste of time. We sat there for three and a half hours just to have the case thrown out of court.

“I e-mailed Conwy Council on October 25 to say the board had been moved a few feet from the footpath inside the curtilage of the property after her letter advising of our wrong-doing, and I suggested they drop the case then and there.

“But instead they wasted three hours of mine and the council’s time having Mr Dunn in court and Emlyn Williams from Highways giving evidence on a case that wasn’t there to answer. It’s clearly a case of the council wasting money at a time when money is precious.”

Conwy County Council declined to comment.