Issue - meetings

To seek approval for a new Public Spaces Protection Order on dog fouling and irresponsible dog ownership (report of the Assistant Director – Regulatory enclosed).

Consideration was given to the report of the Assistant Director – Regulatory which sought approval for a new Public Spaces Protection Order on dog fouling and irresponsible dog ownership.

The Portfolio Holder – Public Protection presented the report, and the following issues were raised:

·       Whilst this report was welcomed, this issue had been discussed over many years and concern was raised as to how effectively it could be enforced.  With regard to signage, could signs be erected to advise dog owners to take dog waste home as bins were filled very quickly. 

·       Many bins had been provided over the years and some now needed replacement – was consideration being given to their replacement where required?

·       The Chairman of the Policy Development Panel advised that the Panel had requested that the Policy be brought back for consideration a year after enforcement in order to review progress. 

DECISION:

1)    That, following consideration of feedback from the public consultation and Policy Development Panel, the making of the proposed Public Spaces Protection Order to implement dog controls for the District of South Holland be approved; and

2)    That the Fixed Penalty Notice be approved and set at the maximum of £100.

(Other options considered:

·       Do not introduce a new PSPO for dog controls – it was considered that a PSPO was the best means to implement the proposed dog controls. Offences for dog fouling were currently only available under the Dogs (Fouling of Land) Act 1996. The PSPO would be applicable to all public open spaces and also enabled the introduction of further offences associated with dog control issues.

·       Introduce some but not all of the proposed offences – it was recommended that all three of the offences were introduced to improve dog controls across the District and reduce associated nuisance. The consultation demonstrated that the majority of responders supported the introduction of all three offences.

·       Introduce a lower Fixed Penalty Notice fine – it was recommended that the maximum amount was used as a deterrent, and in-line with many other local authorities across the country.

Reasons for decision:

·       The public consultation showed considerable public support for the three proposed offences. It was therefore recommended that they were introduced in South Holland.

·       It was recommended that the Fixed Penalty Notice was set at the statutory maximum of £100 to reflect the anti-social nature of the offences and act as a deterrent).

To enable enforcement activity around dog fouling and irresponsible dog ownership (report of the Assistant Director – Regulatory enclosed).

At the agreement of the Chairman, this item was brought forward to agenda item 10, with remaining items being presented sequentially thereafter.

Consideration was given to the report of the Assistant Director – Regulatory to enable enforcement activity around dog fouling and irresponsible dog ownership

The Group Manager Public Protection attended to present the report and the Portfolio Holder Public Protection was also in attendance to support the item.

The Group Manager Public Protection introduced the report, and the following points were highlighted:

• A public consultation regarding a proposed new PSPO was underway, which if agreed, would implement the following three offences:
  • A requirement to pick up dog waste;
  • A requirement to evidence a means for the collection dog waste when requested to do so from an authorised officer ; and
  • A proposed requirement to prohibit dogs from enclosed children’s play areas.
• The proposed PSPO would apply to district-wide public open spaces;
• Enforcement would primarily be enacted through the Enviro-Crime enforcement contract however SHDC officers could also be authorised to enforce the PSPO;
• The proposed fixed penalty notice (FPN) of £100 was the maximum allowed by legislation;
• Failure to pay the FPN could result in prosecution through the courts;
• The consultation had been promoted through the Council’s usual communication channels but also directly to interested parties such as Parish Councils, the Dogs Trust and the Police;
• On completion of the consultation, the PSPO was to be presented to Cabinet in November 2024. The proposal, if agreed by Cabinet, would be implementation of the PSPO from February 2025 which would allow sufficient time to promote the PSPO to residents and for the creation of signage to be placed in key locations;
• Interim consultation feedback, from 329 responses, included the following:
  • Do you believe there is a problem with dog fouling in public areas? 84 % of responders agreed;
  • Do you agree with the proposal to make it a public offence to fail to pick up dog faeces? 94.8% of responders agreed;
  • The proposal regarding not having the means to pick up dog waste: 88% of responders agreed;
  • The proposal around excluding dogs from enclosed children’s play areas: 82.6% of responders agreed; and
• The Draft Public Spaces Protection Order (PSPO) was at Appendix A;

The Portfolio Holder Public Protection added that the PSPO would align SHDC with both ELDC and BBC where PSPOs for dog controls were already in place to assist Enviro-Crime officers to deal with the issue.

Members considered the report and made the following comments:

• Members praised the Group Manager Public Protection for her work in bringing forward the proposed PSPO.

• Members stated that many residents were not aware of the proposed PSPO and queried how the message would be circulated to the community in order to ensure/promote compliance.
  • The Group Manager Public Protection responded that:
    • Education of the public regarding the PSPO was key, and that this had informed the scheduled implementation date of February 2025, allowing for a considered promotion campaign to take place; and
    • In the  ...  view the full minutes text for item 41