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CHE S303 Public Spaces Protection Order Dog Control

Decision:

RESOLVED:

 

1.  Approves a revised Public Spaces Protection Order (Dog Control) in relation to the renewing and varying of the existing Public Spaces Protection Order (Dog Control), which would place controls on dog fouling, dog exclusion, dogs on leads, dogs on leads where requested and on the maximum number of dogs that can be walked by one person. A copy of the proposed Public Spaces Protection Order (Dog Control) is attached to this report as Appendix 1.

 

REASONS FOR DECISION

 

A PSPO is a tool to ensure the law-abiding majority can use and enjoy public spaces safe from activities which have a detrimental effect on the quality of their life in that area. The proposed PSPO (Dog Control) should ensure that Hackney has an effective response to ASB in the areas covered by the PSPO.

 

PSPOs are intended to be used to deal with a particular nuisance or problem in an area that is detrimental to the local community’s quality of life by putting in place conditions on the use of that area that apply to everyone. They are designed to ensure people can use and enjoy public spaces safe from activities which have the requisite detrimental impact.

 

Councils can make a PSPO after consultation with the Police and other relevant bodies and communities. The legislation sets out a two-pronged test of which a Local Authority has to be satisfied on reasonable grounds before a PSPO can be made. These conditions are as follows:

 

2.  That the activities carried out in a public place have had a detrimental effect on the quality of life of those in the locality; or that it is likely that they will have such an effect.

 

3.  That the effect or the likely effect of the activities:

 

·  Is (or is likely to be) persistent or continuous.

·  Is (or is likely to be) unreasonable.

·  Justifies the restriction imposed by the notice.

 

A PSPO must identify the public place in question and can:

 

a)  prohibit specified things being done in that public place;

b)  require specified things to be done by persons carrying on specified activities in that place; or

c)  do both of those things.

 

The only prohibitions or requirements that may be imposed are ones that are reasonable to impose in order to prevent or reduce the risk of the detrimental effect continuing, occurring or recurring.

 

Prohibitions may apply to all persons, or only to persons in specified categories, or to all persons except those in specified categories.

 

The PSPO may specify the times at which it applies and the circumstances in which it applies or does not apply.

 

Unless extended, the PSPO may not have effect for more than 3 years.

 

The breach of a PSPO without reasonable excuse is a criminal offence. The Police or a person authorised by the Council can issue fixed penalty notices, the amount of which may not be more than £100. A person can also be prosecuted for breach of a PSPO and, on conviction, the Magistrates’ Court can impose a fine not exceeding level 3 on the standard scale (currently £1,000).

 

In deciding to make a PSPO the Council must have particular regard to Article 10 (Right of Freedom of Expression) and Article 11 (Right of Freedom of Assembly) of the European Convention on Human Rights (‘ECHR’).

 

The Council must also carry out the necessary prior consultation, notification and publicity as prescribed by s.72 of the Anti-Social Behaviour Crime and Policing Act 2014 (the 2014 Act).

 

In preparing this report Officers have had regard to the statutory guidance issued by the Home Office and the Guidance on PSPOs issued by the Local Government Association.

 

DETAILS OF ALTERNATIVE OPTIONS CONSIDERED AND REJECTED

 

Not having a PSPO in place regarding dog control will have a detrimental impact on the experience of residents and other users of parks, open spaces, play and other areas across the borough. Furthermore, the ability of Community Safety and Enforcement Officers to enforce dog-related nuisance across the borough would be significantly restricted; leading to increased dog fouling, dogs being a nuisance and not being adequately controlled, dogs entering children’s play areas, sports areas and other areas.

 

Officers can enforce by-laws relating to Parks, Gardens and Open Spaces, which were first made in 1932 and transferred to the Council from The Greater London Council in 1971. The by-laws are outdated and hold a maximum penalty of £20, which is not a sufficient deterrent to those who would breach them.

 

This option would be contrary to the need for the PSPO and public support for the PSPO.

 

Renewing the current PSPO without any changes was also considered. However, this option would not have allowed the adding of prohibitions / requirements stipulated in the PSPO, the updating of locations from which dogs are excluded and in which dogs must be kept on a lead. It was therefore rejected.

Minutes:

19.1   The Mayor reminded the Cabinet that the Council maintained a number of Public Spaces Protection Orders (PSPO) to make sure that green spaces were welcoming to everyone.  The PSPOs needed to be updated so they were fit for purpose and responded to how people used Hackney’s parks after the Covid pandemic.

 

19.2  Introducing the report, Cllr Fajana-Thomas restated that PSPOs were intended to deal with nuisances or problems in public areas that were detrimental to local communities and quality of life, by imposing conditions on the use of specific areas and ensuring that Community Safety Enforcement Officers and Police had the necessary powers to respond.  Cllr Fajana-Thomas shared with Cabinet details of the consultation, including that it had received almost 4,000 responses, and thanked Officers for their hard work preparing the proposed PSPO.

 

RESOLVED:

 

1.  Approves a revised Public Spaces Protection Order (Dog Control) in relation to the renewing and varying of the existing Public Spaces Protection Order (Dog Control), which would place controls on dog fouling, dog exclusion, dogs on leads, dogs on leads where requested and on the maximum number of dogs that can be walked by one person. A copy of the proposed Public Spaces Protection Order (Dog Control) is attached to this report as Appendix 1.

 

REASONS FOR DECISION

 

The reasons for the decision were included in the printed decisions, published on the 27 February 2024, and can be found here.

 

DETAILS OF ALTERNATIVE OPTIONS CONSIDERED AND REJECTED

 

Not having a PSPO in place regarding dog control will have a detrimental impact on the experience of residents and other users of parks, open spaces, play and other areas across the borough. Furthermore, the ability of Community Safety and Enforcement Officers to enforce dog-related nuisance across the borough would be significantly restricted; leading to increased dog fouling, dogs being a nuisance and not being adequately controlled, dogs entering children’s play areas, sports areas and other areas.

 

Officers can enforce by-laws relating to Parks, Gardens and Open Spaces, which were first made in 1932 and transferred to the Council from The Greater London Council in 1971. The by-laws are outdated and hold a maximum penalty of £20, which is not a sufficient deterrent to those who would breach them.

 

This option would be contrary to the need for the PSPO and public support for the PSPO.

 

Renewing the current PSPO without any changes was also considered. However, this option would not have allowed the adding of prohibitions / requirements stipulated in the PSPO, the updating of locations from which dogs are excluded and in which dogs must be kept on a lead. It was therefore rejected.

Supporting documents: