Agenda item

Dog Control Orders/Public Space Protection Orders

Report of the Director of Neighbourhoods, Environmental Health and Assets attached

Decision:

RESOLVED (UNANIMOUSLY): that

1. the final wording of the PSPOs be delegated to the Director of Neighbourhoods, Environmental Health and Assets in consultation with the Portfolio Holder.

2. subject to (1) above the following PSPOs be introduced with immediate effect:

a) The Dogs Exclusion in the Borough Council of South Ribble Public Space Protection Order 2017

b) The Fouling of Land by Dogs in the Borough Council of South Ribble Public Space Protection Order 2017

c) The Dogs on Leads by Direction in the Borough Council of South Ribble Public Space Protection Order 2017

d) The Dogs on Leads in the Borough Council of South Ribble Public Space Protection Order 2017

e) The Means to Pick Up Foul by Dogs in the Borough Council of South Ribble Public Space Protection Order 2017

f) The Dogs (Specified Maximum) in the Borough Council of South Ribble Public Space Protection Order 2017 (with a maximum of 4 dogs under the control of an individual)

3. a review of PSPOs be undertaken before October 2020.

4. the implementation of the relevant steps for enforcement of PSPOs be delegated to the Director of Neighbourhoods, Environmental Health and Assets.

5. the level of Fixed Penalty Notice be set at the highest amount possible of £100.

Minutes:

The Director of Neighbourhoods, Environmental Health and Assets reported that these proposed new orders replaced the previous Dog Control Orders and a number of bye-laws previously in force covering a range of offences. This also allowed offences to be discharged by the payment of a fixed penalty notice, instead of prosecution and the need to appear at Magistrates’ Court.

As part of the implementation process, the council had conducted a consultation exercise and as a result it was recommended to implement immediately those orders listed in 2.1 (a-e) of the report. Based on the consultation responses, it was not recommended that the order relating to a specific maximum number of dogs that could be walked by an individual be implemented at this stage and kept under review.

Following a query regarding the apparent inconsistence in the wording of the orders regarding authorisation of a police constable to enforce them, it was suggested the final wording of the orders be delegated to the Director in consultation with the Portfolio Holder.

There was comment on the consultation questions which appeared to be focused towards dog owners.

Cabinet had concerns about not introducing an order relating to a specific maximum number of dogs walked by an individual, even though this order was not supported by the consultation responses. The Cabinet was concerned that this would remain unregulated in respect of both health/hygiene and safety of the general public. Similarly it was felt that the suggested maximum of six dogs was too high as this number of dogs could not be adequately controlled (health/hygiene and safety) by an individual and should be lowered to a maximum of four dogs.

During the discussion it was confirmed that the implementation of the orders was not subject to council confirmation. Also that all the proposed orders were open to legal challenge in court without guarantee of the council being successful.

It was proposed and seconded that an order to limit the maximum number of dogs walked by an individual be implemented and that the limit be four dogs at any one time.