Kiltmaker threatens to sue council after it swoops on sandwich boards

The boards were removed in the latest phase of a controversial crackdown on street advertising which has incensed traders.

Geoffrey Nicholsby, who owns Geoffrey (Tailor) Kiltmakers, contacted his solicitors after council officials swooped on his boards.

Mr Nicholsby, known as the "kiltmaker to the stars" with a client list including Sir Sean Connery, Robbie Williams and Mel Gibson, instructed his solicitors to fax an ultimatum to the city development office.

The ultimatum stated that unless Mr Nicholsby’s boards were returned free of charge by 5pm yesterday, the kiltmaker would launch legal action to recover his property.

His solicitors, Tods Murray WS, have informed Mr Nicholsby that they believe the council contravened the Road Scotland Act 1984.

They claim that under section 59 of the law, sandwich boards can only be removed if they are causing an obstruction to the public. Mr Nicholsby denies his boards were doing this.

Thereafter, the solicitors claim, confiscation could only have proceeded if Mr Nicholsby had been alerted to the problem by the roads authority or a police officer, and asked to deal with it. Alternatively, confiscation could have gone ahead if the kiltmaker or his staff had not been easily contacted or it was an emergency situation.

Mr Nicholsby contends that none of these three requirements was fulfilled.

"Officials from the council came round on Thursday evening and just took away both the sandwich boards," he said.

"When my staff were closing up for the night they found that the boards had disappeared. It was only when I phoned up the council on Friday morning to ask if they knew anything about it that I was told they had been removed.

"Council officials visited the shop a few weeks ago to ask me about it, but I wasn’t there. They should have sent something in writing to tell us what they were planning to do."

Mr Nicholsby’s solicitor, Chris Leach, said: "We have sent a fax to the council with a deadline for the boards’ return. Mr Nicholsby has used these boards for 25 years and is very angry about the council’s actions. Our view is that the council has not satisfied the requirements of the Road Scotland Act."

Two other traders had their boards removed on Thursday by officers taking part in enforcement action against shops flouting new council rules.

The new rules require stores to pay 25 for a sandwich-board licence.

Mr Nicholsby said: "I admit that I haven’t yet paid the 25 permit fee but to just take [the boards] away like this is disgusting, absolutely disgusting."

A council spokesman said: "Three traders were affected by the latest round of enforcement action. This resulted in a total of four advertising boards being removed from the Royal Mile. Further enforcement action will be undertaken next week."

Tim Steward, chairman of the Edinburgh branch of the Federation of Small Businesses, said: "To take [the boards] away like this is at least a discourtesy and, at worst, an abuse of [council] powers."