Advertising guidance

1. Introduction

Like most other local authorities, West Northamptonshire Council has a challenging financial outlook with diminishing governmental support and increasing costs.

As part of its work to minimise the impact on taxpayers, the council is seeking to find new funding streams to support its vital services. Consequently, it would like to attract revenue from advertising and sponsorship, wherever possible, subject to the terms defined below.

This guidance is intended to provide guidance on any form of advertising or sponsorship channelled through West Northamptonshire Council publications, promotional materials, events, council property or the website.

2. Prohibited products, services, and advertisers

Our basic approach is to maximise the number of advertisements and advertisers and minimise the number that are prevented from doing so by any controls or restrictions. To this end, most products and services will be permissible, though there are some types of organisation and categories of product or service which are felt inappropriate for promotion on at council-hosted advertising sites, defined in the list below.

• political publicity and any political or quasi-political organisations, including pressure groups (following guidance outlined in our Media Protocol)

• legal or quasi-legal organisations which limit their services to a specific area of law (for example claims relating to personal injury)
• credit providers offering short-term, high interest loans. Credit advertisements must comply with all legal and regulatory requirements in force at the time of publication, including the Consumer Credit (Advertisements) Regulations 2010 where applicable
• gambling or organisations associated with gambling. The only exceptions to this are:
  • the National Lottery which finances the National Heritage Lottery Fund to support key projects across the area
  • any local lotteries which might be set up by charities or the council to support initiatives in the area
• organisations simply offering entry into a competition following completion of a form containing any personal information or similar are not considered appropriate
• promotion of prejudice, and any organisation that promotes prejudice, including but not limited to racism, sexism, homophobia and transphobia, and religious discrimination
• tobacco, vaping and other non-medically licensed nicotine containing products, and manufacturers of such products
• promotion of access to stop smoking services as part of ours or the Government’s smoking cessation campaigns is permissible. Where smoking cessation campaigns explicitly focus on vaping this will not be carried out within 400 metres of schools and, where possible, will avoid times when children are travelling to and from school (7-9am and 3-5pm)
• weapons or manufacturers of weaponry end products
• advertising for alcohol must adhere to the strict guidance set out by the Advertising Standards Authority and must also highlight the Drinkaware campaign. Operators must also avoid placing advertising for alcohol, or manufacturers of alcohol, within 400 metres of schools and, where possible, avoid advertising at times when children are travelling to and from school (7-9am and 3-5pm)
• pornography or nudity, or organisations associated with or promoting adult industries
• organisations in legal or financial conflict with the council
• operators must avoid placing advertising for food and drink that is high in sugar, salt and fat (as outlined in the Department of Health guidance), or brands producing such food and drink, within 400 metres of schools. They must also, where possible, avoid advertising these foods and these companies at times when children are travelling to and from school (7-9am and 3-5pm)
• organisations providing residential, nursing or domiciliary care and support services must offer proof of CQC registration
• advertising for educational establishments is limited to those within the West Northamptonshire area or those providing further education which can reasonably demonstrate that they serve residents within that catchment

3. Style and content of advertising

We expect all advertising placed to fall within the guidelines of the Advertising Standards Authority (ASA), specifically the UK Code of Non-broadcast Advertising, Sales Promotion and Direct Marketing – otherwise known as the Committee of Advertising Practice (CAP) Code. It is the advertiser’s or operator’s responsibility to be aware of the code as well as Consumer Protection from Unfair Trading Regulations and any changes/updates to them.

All advertising must also adhere to the latest Code of Recommended Practice on Local Authority Publicity.

Advertising content must be legal, decent, honest and truthful, and be prepared with a sense of responsibility to consumers and to society as a whole.

We are open to a variety of styles in submitted advertising, but will not consider content that:

• violates the topics outlined in section 2 above · Uses the council’s logo without consent in writing from the communications team
• does not clearly state who the advertiser is
• is not clearly identifiable as an advertisement
• infers a connection with an organisation that does not exist
• is not suitable for family viewing
• presents unsubstantiated statements as fact

We retain the right to require removal of advertising at any site which breaches this guidance or advertising operation agreement. We will agree with those operating our advertising sites, in advance, the nature and content of the publicity and will retain the right to approve advertising material should the need arise.

Advertising does not represent endorsement of any organisation, product or offer by the council, or imply that the council is responsible for the advertiser’s quality and reliability.

All advertising operators will be required to sign an advertising agreement which reflects the terms stated in this policy before any advertising commences.

We accept no liability for any loss or damage arising out of or in connection to any external advertisement placed. As part of the booking agreement, all advertising operators must indemnify the council against any claims, damages, losses etc arising out of any advertising placed.

4. Sponsorship

Sponsorship of council activities will be subject to the following additional rules:

• vetting by Trading Standards may be carried out prior to a decision being made in relation to agreement of sponsorship. This can be evidenced by membership of our Buy with Confidence scheme, a similar accredited scheme run by another authority, an approved venue licence holder, or membership of a relevant trade association which applies similar vetting procedures to its members. Previously vetted organisations that have not sponsored our events for more than 24 months may be re-vetted by Trading Standards
• following approval, we will issue a sponsorship agreement. An invoice for the agreed level of sponsorship will be issued and the sponsor shall pay the price for the booking within 14 days of receipt of our invoice, and no later than 30 days. The sponsor may cancel or amend the booking and may be entitled to full or part refund, details of which can be found in the sponsorship agreement
• if, by agreement, we have incurred any design costs on the sponsor’s behalf we shall invoice them for that amount
• acceptance of any sponsorship does not imply endorsement of any particular products or offers, or that we are responsible for their quality and reliability. The Council accepts no liability for any loss or damage arising out of or in connection to any sponsorship
• the Council reserves the right to refuse, without explanation, any individual sponsorship not deemed appropriate and can remove any sponsorship immediately if deemed necessary

Last updated 10 October 2024