Purpose of the policy
1.1 The purpose of this policy is to set out the terms upon which advertising and sponsorship may be sought and accepted by Peterborough City Council (the council).
1.2 It provides guidance on the principles and procedures relating to any advertising or sponsorship agreement.
1.3 The Policy:
a) outlines the rules and guidelines that the council and its potential sponsors and advertisers must follow;
b) assesses risk and managing potential conflicts of interest;
c) clarifies public accountability and transparency of decision making.
1.4 By applying this policy the Council will:
a) be consistent;
b) establish a set of standards;
c) provide a framework of controls;
d) ensure compliance with legislation, advertising industry codes and other council policies, including our brand guidelines;
e) safeguard and steward the image, environment and health of the city;
f) uphold and protect the council’s reputation and corporate identity;
g) further our strategic vision and support our priorities by facilitating communication;
h) maximise the use of our assets to generate revenue;
i) build positive relationships with businesses through advertising and sponsorship.
Definitions
2.1. Advertising, for the purposes of this policy, is defined as a transaction between the Council and an external organisation in which the organisation can display informative and/or persuasive content about its products, services, causes or ideas in/on Council assets in exchange for a previously agreed financial sum.
2.1.1 Advertising opportunities fall into two categories,
- a) those channels which are most clearly associated with the Council, including, but not exhaustively, its main and associated websites; intranet, social media accounts; corporate and service publications; buildings and vehicles.
- b) those channels where the Council acts as landlord or operator, but which may be managed for the Council under transparent and tendered agreements.
2.2. Sponsorship, for the purposes of this policy, is defined as a relationship between the Council and an external organisation in which the organisation supplies funding, resources or other services in exchange for recognition from the Council, either through the offer of association with a project or event that may be used for commercial advantage, naming rights or another mutually beneficial agreement.
2.3. Sponsorship may also refer to the Council, or one of its traded services, acting in the sponsor role by providing resources to an external organisation in exchange for recognition.
2.4 Recognition can include, but is not limited to, appropriate signage, inclusion of the sponsor’s name and logo on Council publications/assets and other external publications and naming rights for an event or building for the term of the sponsorship.
Policy scope
3.1 This policy is three-fold, covering:
- The Council as an advertiser or sponsor;
- The Council as an owner of an advertising platform or sponsorship opportunity which an external individual, group or organisation may wish to take up.
- The Council’s sub-contracted and commissioned services (where council funds are the predominant income) and council leases where the council is a majority owner or shareholder.
3.2. Any existing advertising or sponsorship agreements must be reviewed against this policy at the end of any contractual term.
3.3. Advertising or sponsorship agreements concerning Council assets that are managed by a third party should adhere to this policy, or in the case of 3.2, adopt the policy terms at the earliest opportunity.
3.4 Advertising or sponsorship that forms part of a wider agreement for a) third-party organised events b) third-party long term commercial leases should adhere to the terms of this policy, unless specific terms are/have been negotiated as part of a separate formal contract agreement between a third-party and the Council. See 4.7.
3.5 When working in formal partnership or collaboration with another body, the Council will adhere to this policy. Contributing partner organisations not governed by the terms of this policy are encouraged to adopt these terms as best practice.
3.6 The rates that we charge for advertising and sponsorship will be in line with the principles set out in the council’s sales fees and charges policy.
Rules
4.1. All advertising and sponsorship agreements must fall within the guidelines and rules laid out by:
Recommended code of practice for local authority publicity - GOV.UK (www.gov.uk)
Marketing and advertising: the law: Regulations that affect advertising - GOV.UK (www.gov.uk)
4.2. The industry categories that are not acceptable for entering into a sponsorship or advertising agreement include:
- Tobacco/cigarettes
- Gambling
- Adult-oriented products/services
- Armaments
- Petrochemical Industry
- Payday Loans
In addition, the council will not enter into sponsorship or advertising which does not comply with its High Fat, Salt and Sugar advertising and sponsorship policy.
Furthermore, the council will not enter into agreements with:
- Organisations in dispute with the council or where there is pending/active legal action. We will also not accept advertising or sponsorship from companies who are in contract negotiation with the council where this may be viewed as an endorsement of this bid.
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Organisations with a political purpose, including pressure groups and trade unions.
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Organisations involved in racial or sexual prejudice or discrimination on the basis of disability, faith or gender.
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Organisations through which, in our opinion, their operations are involved in any illegal or immoral activities.
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An organisation where an agreement will damage the reputation of the council.
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An organisation whose advertising may result in the Council being subject to prosecution or bring the Council into disrepute.
The above lists are not exhaustive, and the council retains the absolute right to decline sponsorship or advertising opportunities (including through third party suppliers) from any organisation or individual or in respect of particular products which the council in its sole and absolute discretion considers inappropriate.
4.3. The Council reserves the right to decline or remove advertising deemed to be objectionable on the grounds that it:
a) does not comply with current advertising law or incites, provokes or condones someone to break the law (particularly crime, violence and antisocial behaviour).
b) could reasonably be seen as likely to cause pressure to conform to an unhealthy body shape, or as likely to create body confidence issues, particularly among young people.
c) will or is likely to leave the Council in breach of the Equality Act or its Public Sector Equality Duty.
d) does not meet the minimum requirements of WCAG 2.1 accessibility standards.
e) poses a health and safety risk. For example, as a result of flickering or other visual imagery in the case of digital media.
f) is inappropriate or out of line with organisational values, policies or strategic goals as set out in the Council’s Corporate Plan.
g) conflicts with services already provided by the organisation.
4.4 The Council reserves the right to remove non-compliant advertising at any time without reference to the advertiser.
4.5 The restrictions above apply both to the explicit promotion of goods and services, and implicit promotion as part of advertising or sponsorship of other types of goods, products, or services.
4.6 Advertising and sponsorship required during an event, including the Council’s owned venues, should be within the boundaries of the event space and form part of the hire agreement.
4.7 As mentioned in 3.4 specific terms outside of the rules of this policy may be applied in certain circumstances. Subject to agreed terms a third-party may be able to advertise or accept sponsorship of a product or organisation that the Council will not. Any terms outside of this policy must always be agreed in accordance with advice from the Communications Team.
4.7.1 In the case of Council assets that are managed by a third party, specific terms may be negotiated as part of a separate commercial contract agreement or contract renewal.
4.7.2 In the case of third-party major, national or international events, specific terms may be negotiated as part of a separate contractual hire agreement.
4.7.3 In the case of third-party long-term leases specific terms may be negotiated as part of a separate contractual lease agreement.
4.8 Any terms outside of this policy must always be agreed in accordance with advice from the Communications Team.
4.9. There may be times when the Council wants to sponsor local events or services. The list of unsuitable partners or content for sponsorship (at 4.2) applies.
4.10 Any sponsorship/advertising services sought by the council will be in compliance with procurement regulations and the council's Contract Rules.
Principles
5.1. Any consideration given to advertising or sponsorship agreements shall have regard to the following principles:
a. must be compatible with the values and priorities in the Council’s Corporate Plan and its wider strategy and policy frameworks;
b. the commercial and/or social value of any arrangement must be clear for both parties;
c. an arrangement cannot be perceived to influence or hinder how the Council operates or makes decisions;
d. arrangements must not impose or imply conditions that would limit or appear to limit the Council’s ability to carry out its functions fully or impartially;
e. the reputation and credibility of the Council is not damaged;
f. the form of sponsorship is consistent with the stated objectives of the Council which includes the Council’s image;
g. agreements are formed with regard to public accountability and transparency with clear statements of objectives and benefits achieved;
h. the extent of recognition is to be determined in relation to the level and nature of the sponsorship; and is subject to written agreement specifying the benefits and costs.
5.3 In addition the council will uphold the national Code of Recommended Practice on Local Authority Publicity. This means that the Council is not able to enter into an advertising or sponsorship agreement which connects the Council with, or could be perceived as, lending support to any political party.
5.4 The Council may advertise its own services as appropriate using its own platforms. This may include adverts relating to traded services which generate an income.
5.5 The Council must ensure a return on investment when it is a sponsor. This return extends beyond financial return and may include other benefits such as but not limited to reputational or supporting Council objectives and policy.
5.6 The use of branding and logos of any sponsoring company must be compatible with the Council’s corporate brand guidelines and all artwork is subject to approval by the Council.
5.7 The size and positioning of sponsors’ logos on any promotional material, goods or signage must be considered by the appropriate lead officer in conjunction with the Council’s Communications Team and should not be disproportionate to the sponsorship provided.
5.8 Promotional materials and designs should adhere to WCAG 2.1 standards for accessibility. The Council’s Communications Team encourage best practice in accessibility to ensure all barriers to engagement are removed and can provide support to ensure that minimum requirements have been met.
5.9 Where advertising is generated by the Council, the content will be commissioned via the Council’s Communications Team.
5.10 Media relations or publicity for all agreements are undertaken by the Council’s Communications Team. All media or publicity information produced by the sponsor must be approved by the Council’s Communications team before circulation.
Conflict of interest
6.1. Council officers and members are required to declare in advance if they have any personal interests, involvement, or potential conflict of interest with any potential sponsor. In the event of a potential conflict of interest, that officer or member will take no part in the consideration of advertising or sponsorship with that organisation.
6.2. Every advertising or sponsorship proposal will be assessed against the possibility of a conflict of interest and will be refused or terminated where during the life of the advertising or sponsorship the sponsor:
a) has a current development application or planning matter before the Council, or the Council is aware of the possibility of an application or matter coming before the Council in the near future;
b) is, or is likely to be, subject to regulation or inspection by the Council which may impose or imply conditions; and where the sponsorship may limit the Council’s ability to carry out its functions fully and impartially.
6.3. It is required that any individual or organisation with an advertising or sponsorship agreement with the Council will disclose the agreement if there is a current development application or planning matter relating to them, or if the individual or organisation is subject to regulation or inspection by the Council. If such a conflict is not declared, this is grounds for termination of the contract.
Agreements
7.1. There should be a Council approved written form of agreement which clearly sets out:
a) the benefits, including economic benefits, available to the Council and the sponsor and the nature of the benefits e.g., naming rights;
b) any personal benefits available to the sponsor’s employees and relatives;
c) the form or forms of sponsorship which will be available;
d) the scope of uses which the sponsor can make of the advertising sponsorship arrangement;
e) the term of the advertising conditions regarding renewal; or sponsorship agreement and any;
f) consequences of change which may occur over time e.g. a shift in the relationship, new policies, new corporate missions or objectives;
g) financial accountability requirements;
h) provision for termination or suspension of the agreement.
7.2. The agreement must include a statement that “the Council’s function will continue to be carried out fully and impartially, notwithstanding the existence of an advertising or sponsorship arrangement.”
7.3. The agreement must include a statement to the effect that any attempted influence of the Council’s regulatory functions will result in an automatic review and/or termination of the agreement.
7.4. Advice should be taken from Legal Services before entering into any agreement.
Public accountability/reporting
8.1. The Council is committed to principles of open governance and of public accountability, transparency and accessibility. To meet these objectives, the Council agrees that:
a) advertising and sponsorship agreements must be in the form of written agreements;
b) the Council’s Advertising and Sponsorship Policy is publicly available on the Council’s website.
Responsibilities and decision making
9.1 All Council services, employees and elected members (when acting in an official capacity for or on behalf of the council) must comply with this policy.
9.2 The Council holds personal data of service users and compliance with UK GDPR will be adhered to in all cases.
9.3 All decisions are made in accordance with the Council’s Constitution. The Director of Legal and Governance has delegated authority to make binding final decisions.
9.4 The Head of Communications authorises the Advertising and Sponsorship Officer to make day to day decisions in line with the terms of this Policy.
Disclaimer
10.1 All agreements for advertising and sponsorship should operate under the provision that the Council is not explicitly endorsing the product.
10.2. Advertising on Council assets should be clearly labelled as such.
10.3. Recognition of sponsorship should include phrases such as “sponsored by/ funded by/ in partnership with” to reflect that the Council’s contribution is distinct from that of the business partner.
10.4. Acceptance of advertising or sponsorship does not imply endorsement of products and services by Peterborough City Council and the Council is not responsible for errors, omissions, information or claims made by the advertisement or by the advertiser or sponsor.