Advice for businesses

Graffiti is a problem for the whole community and local businesses.

Like residential properties we would advise you to remove graffiti as quickly as possible. If graffiti is not cleaned off straight away it can often be harder to remove, increase the possibility of attracting further graffiti, may deter customers from visiting your business and risk enforcement action.

Under the Anti-social Behaviour Act 2003, you, your business and your employees have a legal obligation to restrict the sale of aerosol paints to certain people. This law was introduced to reduce criminal damage in the form of graffiti, by limiting the opportunity for children and young people to buy spray paints which could be used for graffiti. 

Section 54 of the Anti-social Behaviour Act 2003, makes it an offence for people to sell an aerosol paint container, to anyone under the age of 16 years. The offence may be committed by the business or employees, whether they are paid or unpaid, who are in a position that gives them the opportunity to prevent the sale.

Aerosol paint containers are defined under the Anti-social Behaviour Act 2003, as any device which contains paint stored under pressure and is designed to permit the release of the paint as a spray and only includes paint in the normal sense of the word (e.g. coloured liquids used for decorating, and not items such as glitter sprays).

It's important that businesses ensure that they are able to prove that they have taken all reasonable steps to avoid selling such items to people under the age of 16 years. As part of Hull City Council's enforcement activities, test purchases may take place by its trading standards to ensure that these steps are being taken.