Report Date: Nov 15
Report Author: AL
BLAENAU GWENT COUNTY BOROUGH COUNCILReport to /
The Mayor & Members of the Council
Report Subject / Introduction of Public Space Protection Orders for Dog Control OffencesReport Author / Andrew Long Team Manager Environmental Protection
Report date / November 2015
Directorate / Environment & Regeneration
Portfolio / Environment
Date of meeting / 25th February 2016
Date signed off by
Monitoring Officer
Date signed off by
Section 151 Officer
Date signed off by Chair
Key words / Public Space Protection Orders, Dog Control
Report Information Summary
1. / Purpose of Report*1.1 /
To outline the proposal to introduce Public Space Protection Orders (PSPO) within Blaenau Gwent to control offences relating to dog control including dog fouling, dog exclusion and dogs on leads areas and to seek approval from Council to undertake a public consultation exercise in relation to the proposed PSPO areas.
2. / Scope of the Report*2.1 / The report will detail changes in legislation arising from the Anti-social Behaviour, Crime and Policing Act 2014 and its implications for dog control offences within the Authority’s area. It will also set out how these changes will affect existing Dog Control Orders and the process to transfer these Dog Control Orders over to Public Space Protection Orders.
3. / Recommendation/s for Consideration*
3.1 / The report seeks approval from Council to implement a public consultation exercise to declare the specified areas identified within it as areas subject to Public Space Protection Orders. These Orders are associated with dog control offences and seek to consolidate and update the existing controls implemented under the Dog Control Orders adopted in Blaenau Gwent in 2012.
Why this topic is a priority for the Council?*
Report author to identify links to the main corporate strategies.
Single Integrated Plan (SIP) / Corporate Improvement Plan (CIP) / Performance Management Improvement Framework (PMIF) / Operating Model / Transforming Blaenau Gwent (TBG Programme) / Other
(please state)
No / No / No / No / No / Statutory Function
Reporting Pathway*
Report author to identify proposed reporting pathway. (To include dates where possible)
Directorate Management Team (DMT) / Corporate Management Team (CMT) / Audit / Democratic Services Committee / Scrutiny / Executive / Council / Other (please state)
Yes / Yes / No / No / No / No / Yes / N/A
*Denotes mandatory section
Main Report
1. / Background and Context*1.1 / In 2012 Blaenau Gwent Council adopted three Dog Control Orders which applied throughout the Authority’s area. These orders consisted of :-
The Fouling of Land by Dogs (Blaenau Gwent) Order 2011. This order created the offence of failing to remove dog faeces and applied to any land, which is open to the air and to which the public is entitled to have access.
The Dog Exclusion (Blaenau Gwent) Order 2011.
This order created the offence of taking a dog into a designated area. These areas include children’s play areas, the playing surfaces of marked sports pitches and educational establishments.
The Dogs on Leads (Blaenau Gwent) Order 2011.
This order requires that dog owners keep their dogs on leads in areas of land specified and include parks, picnic areas and grounds used for sport and recreation.
1.2 / The introduction of the Dog Control Orders in 2012 created the offence of failing to remove dog faeces from a public area as well as enabling the Authority to restrict access to dogs in sensitive areas such as schools and recreation grounds through criminal sanction. An individual who has control of a dog in breach of one of the Orders can receive a fixed penalty notice to the value of £125 or if a persistent offender, can be prosecuted for an offence. The orders appear to have been successful, with reports of dog on dog attacks in areas such as Bryn Bach Parc significantly reduced and complaints about dog fouling showing a 70% drop over the last 3 years.
1.3 / In 2014 with the introduction of the Anti-social Behaviour, Crime and Policing Act 2014, Local Authorities no longer have the power to introduce dog control orders and a new system of control has been introduced known as Public Space Protection Orders (PSPO). As well as replacing the dog control order system, the Act also gives Local Authorities three years to replace any existing dog control orders with Public Space Protection Orders, which means all Dog Control Orders need to be replaced by 2017.
2. / Options for Consideration (to be completed in every case where relevant to the report topic and information)
2.1 / Option 1: that Members approve the draft Public Space Protection Order (see Appendix 1) which covers exclusion of dogs from specified areas, areas where dogs must be kept on leads and creates the offence of failing to remove dog faeces from land open to the air where the public have access.
2.2 / If the draft order is approved, it is proposed that a public consultation process will then take place in accordance with The Anti-social Behaviour, Crime and Policing Act 2014
(Publication of Public Spaces Protection Orders) Regulations 2014. This will involve consultation the general public, Gwent Police, elected Members, Town and Community Councils, Educational establishments and other interested parties (e.g. dog clubs). Subject to the approval by Members of the draft order in Appendix 1, statutory consultation will begin on Tuesday 1st March 2016 until Monday 11th April 2016. The Consultation outcomes will then be considered by the Environment, Economy & Infrastructure Scrutiny Committee before final recommendations are brought back to Council for consideration for approval. Hard copies of the plans of all proposed Public Spaces Protection Order areas will be placed in the Members room.
2.3 / Option 2 – That Members do not approve the draft Public Space Protection order – as outlined in this report. This will mean the current Dog Control Orders will remain in place until October 2017. After that, they will automatically cease to have effect unless they are replaced.
3. / Performance Evidence and Information*
3.1 / The PSPO process requires that a Local Authority must be satisfied that two conditions are met before an Order can be declared. These are:
• activities carried out in a public place within the authority’s area are having or have had a detrimental effect on the quality of life of those in the locality, or
• it is likely that the activities will be carried out in a public place within that area and they will have such an effect
and the effect, or likely effect of the activities:
• Is or is likely to be of a persistent or continuing nature,
• Is or is likely to be, such as to make the activities unreasonable, and
• Justifies the restrictions imposed by the notice
3.2 / Dog Fouling Requirement
There is a well established link between dog faeces and public health impacts. The main thrust of the order requirements in relation to the need to remove dog faeces, is to prevent the spread of diseases which are transmittable to humans from dogs via the animals faeces. In this sense the order requirements are fulfilled in that:-
· it only relates to a public place
· dog faeces is likely to have a detrimental impact on the quality of life of those in the locality
· the effect of dog fouling is likely to be continuing in nature
· Leaving dog faeces in a public area is unreasonable
· The requirement to pick up dog faeces is reasonable and justifiable on public health grounds.
Despite a reduction in complaints about dog fouling, the Authority still received 655 complaints in 2014-15 and in the last three years 296 fixed penalty notices have been issued for this offence, demonstrating the significance of the issue and the continued need to tackle this problem through enforcement.
The order will create the offence of failing to remove dog faeces forthwith from any land within the Borough, to which the public or any section of the public has access on payment or otherwise, as of right or by virtue of express or implied permission. This is slight change from the current DCO which only applies to land which is open to the air and to which the public are entitled to access. This will mean that allowing dog fouling in enclosed areas, for example the communal areas of flats, would become an offence under the proposed PSPO, unless a land owner specifically consents for the fouling to occur.
3.3 / Dog Exclusion Requirement
The introduction of dog exclusion areas through the PSPO is primarily aimed at reducing the level of dog fouling in sensitive areas where the activities carried out in those areas make the likelihood of contact with dog faeces more likely, for example playing fields or where the user group means that it is more likely that they would come into contact with the faeces such as children in parks or educational establishments. In consideration of the two conditions for declaring a PSPO the dog exclusion element of the order are fulfilled in that:-
· It only relates to a public place
· Dog fouling on public recreational areas and educational establishments is likely to have a detrimental impact on the quality of life of those in the locality
· By failing to restrict access by dogs in the specified areas the effect of dog fouling in these areas is likely to be continuing in nature
· By allowing access to dogs in the areas specified the chances of dog fouling occurring in these areas is increased creating a situation which is unreasonable
· Restricting access to dogs and therefore potential dog fouling to the areas specified in the order is reasonable and justifiable.
As stated previously, the Authority continues to receive a significant number of complaints about dog fouling and in addition to the 296 fixed penalty notices that have been issued for dog fouling offence in the last three years, 207 fixed penalty notices have been issued against individuals who have chosen to ignore the exclusion area orders in designated areas since 2012. This demonstrates the significance of the issue and the need for restrictions on access for dogs to sensitive sites.
There are a number of changes proposed from the existing DCO’s, these are outlined below.
Exclusion Sites to be Added, Removed or Amended:
· Dog exclusion area to be added at Playing field at Waunlwyd Youth & Community Centre, Cwm Road, Waunlwyd, Ebbw Vale. This was requested by the youth & community centre (PSPO-DC-124)
· Removal of dog exclusion area at Playground at Upper Arael View, Lawrence Avenue, Abertillery as the playground has been closed. (DCO-030)
· Removal of dog exclusion area at Glyncoed Comprehensive School, Badminton Grove, Ebbw Vale as the school has been closed. (DCO-086)
· Removal of dog exclusion area at Ebbw Vale comprehensive school, Waun-y-pond Road, Ebbw Vale as the school has been closed and demolished.(DCO-089)
· Removal of dog exclusion area at playing fields at College Road, Ebbw Vale this was used by the former comprehensive school and is no longer maintained as a playing field. (DCO-090)
· Removal of dog exclusion area at Briery Hill Primary School, Woodside Crescent, Ebbw Vale, NP23 6BY as the school has been closed. (DCO-105)
· Removal of dog exclusion area at Waunlwyd Primary School, Hillside Terrace, Waunlwyd, Ebbw Vale as the school has been closed. (DCO-109)
· Former Nantyglo Comprehensive School & Leisure Centre Site. This was originally a combination of dog exclusion and dog on lead areas. However both the school and leisure centre are closed so it is proposed to remove the dog exclusion area and for the entire site to be a dog on lead area. (PSPO-DC-118)
· Beaufort Hill Primary School. Amend the dog exclusion area relating to the pathway above the sports pitch to allow access for the local community.(PSPO-DC-063)
3.4 / Dog On Lead Requirement
The introduction of the dogs on leads areas through the PSPO aims to allow access to dogs into areas where a public right of way exists through an exclusion area or where requests have been made by land owners for a dogs on lead area to be introduced because of a history of uncontrolled dogs leading to public nuisance (for example Bryn Bach Parc which has a history of dog on dog attacks). In relation to the two condition test for a PSPO, the dogs on leads areas requirements are fulfilled in that:-
· It only relates to a public place
· Failure to keep a dog on a lead in the specified area may result in dog fouling on sensitive site or a dog on dog attack.
· The effect of not having dogs on leads requirements in the areas specified is likely to be continuing in nature.
· The activity of failing to secure a dog in the specified areas would be unreasonable due to the sensitive nature of the areas
· The requirement to keep a dog on a lead in the specified areas is reasonable and justifiable on public health grounds.
Statements from relevant staff of the Aneurin Bevan Leisure Trust indicate there has been a significant reduction in dog on dog attacks in areas such as Bryn Bach Parc since the introduction of the dogs on leads areas in 2012. In addition 108 fixed penalty notices have been issued for dogs on leads offences in the last three years, indicating the need to maintain restrictions on dogs in areas where there are existing or adjoining sensitive land uses.