Issue - meetings

Proposed Public Spaces Protection Order (Dog Control) (Report of Head of Environment enclosed)

Meeting: 15/06/2016 - Executive (Item 11)

11 Proposal to Adopt New Public Space Protection Order for Dog Control pdf icon PDF 402 KB

To consider, following consultation, the adoption of a new dog control - Public Spaces Protection Order (PSPO) under Section 59 of the Anti-social Behaviour, Crime and Policing Act 2014, which will replace all dog control legislation that currently applies in the Borough

Additional documents:

Decision:

Description of Decision

 

(1)

That, having regard to the conditions within s.59 of the Anti-Social Behaviour, Crime and Policing Act 2014:

 

 

 

i)

the making of the proposed Public Spaces Protection Order (PSPO) (Bedford Borough Council) 2016 be authorised.

 

 

 

 

ii)

the Head of Environment, following consultation with the Head of Legal Services be authorised to carry out all necessary publicity required by virtue of the Anti-Social Behaviour, Crime and Policing Act 2014 (Publication of Public Spaces Protection Orders) Regulations.

 

 

 

 

iii)

the amount of any fixed penalty notice issued under s.68 of the Act be set at £75.

 

 

 

(2)

That the PSPO be adopted and implemented in accordance with Statutory Powers and Processes, with effect from 27 July 2016 which will cover:

 

 

 

i)

The Dog Exclusion Order;

 

ii)

The Fouling of Land By Dog Order;

 

iii)

The Dogs on Leads Order;

 

iv)

The Dogs on Lead by Direction Order.

 

 

 

(3)

That the Executive Director of Environment and Sustainable Communities, following consultation with the relevant Portfolio Holder, be authorised to review the PSPO, its implementation, development and scope as required by the legislation.

 

 

Reason for Decision

 

The Council receives regular complaints from people within the community about dog fouling together with the behaviour of some dogs.  It is important that the Council responds to these concerns to ensure that the law-abiding majority can use and enjoy public spaces, safe from anti-social behaviour. 

The adoption of a PSPO relating to the control of dogs in the Borough, aims to create a more consistent approach and balance the needs of dog owners against other members of the community.  It will also assist the Council’s zero tolerance approach to dog fouling, keeping the streets clean and protecting and enhancing open spaces, as well from October 2017, any existing Dog Control Orders will need to become public space protection orders (PSPOs).

The option, Not to adopt PSPO Dog Control powers was also considered, however, it would leave misunderstanding and lack of enforcement of dog control in the Borough which would have a detrimental effect on the quality of life of those in the locality.

 

Minutes:

Councillor Royden introduced his joint report with the Head of Environment which requested the Executive to authorise, following the consultation, a Public Spaces Protection Order (PSPO), relating to dog control, in accordance with the Anti-Social Behaviour, Crime and Policing Act 2014.  The Order would replace all dog control legislation that currently applied in the Borough of Bedford.  The adoption and implementation of the proposed PSPO, in accordance with Statutory Powers and Processes, would take effect from 27 July 2016.

 

In introducing the report, Councillor Royden commented that he was a dog owner, however he recognised there were places which were suitable for dogs to be walked and others where it was not suitable.  He added that the PSPO consolidated current legislation, also following consultation on the new Order with the public and Town and Parish Councils, the following summary results were obtained:

 

 

Question:

Percentage in agreement :

To what extent do you agree or disagree with the introduction of the 'Dog Exclusion Order' in play areas across Bedford Borough? (please tick one box only)

85%

To what extent do you agree or disagree with the introduction of the 'Fouling of Land by Dogs Order' across Bedford Borough?

93%

To what extent do you agree or disagree with the introduction of the 'Dogs on Lead by Direction Order' across Bedford Borough?

81%

To what extent do you agree/disagree with the introduction of the 'Dogs on Leads Order' in the following areas:

  Cemeteries

90%

  Pedestrian areas of the Town Centre

93%

  All public footways or grass verges adjacent to a road in Bedford

85%

 

Councillor Royden advised that Council Enforcement Officers had a number of tasks to undertake such as enforcing the restriction on cycling through the Town Centre which had resulted in five people being prosecuted in a single day.  The PSPO would permit a similar level of enforcement towards irresponsible dog owners and this could be described as an environmental crime.  Enforcement Officers would have the power to issue a fixed penalty notice in appropriate cases, however if this was disputed this could involve a fine of up to £1,000, which, if a person was found guilty at the Magistrates Court, would also result in the person having a criminal record. 

 

RESOLVED:

 

(1)

That, having regard to the conditions within s.59 of the Anti-Social Behaviour, Crime and Policing Act 2014:

 

 

 

i)

the making of the proposed Public Spaces Protection Order (PSPO) (Bedford Borough Council) 2016 be authorised.

 

 

 

 

ii)

the Head of Environment, following consultation with the Head of Legal Services be authorised to carry out all necessary publicity required by virtue of the Anti-Social Behaviour, Crime and Policing Act 2014 (Publication of Public Spaces Protection Orders) Regulations.

 

 

 

 

iii)

the amount of any fixed penalty notice issued under s.68 of the Act be set at £75.

 

 

 

(2)

That the PSPO be adopted and implemented in accordance with Statutory Powers and Processes, with effect from 27 July 2016 which will cover:

 

 

 

i)

The Dog Exclusion Order;

 

ii)

The Fouling of  ...  view the full minutes text for item 11