Agenda item

Consideration was given to a report seeking permission to consult residents on a renewal of the Public Space Protection Order (PSPO) for parks and open spaces in relation to dog control and anti-social behaviour.

The Mobile Multi-Functional (MMF)  Manager presented the report, advising that following the twelve week consultation a final report would be brought back to Committee ahead of the current proposals expiring in November.

Ongoing issues had been reported in relation to dog fouling, dog on dog attacks and attacks on wildlife.

A breach of a PSPO could result in a fine of £100.

If the PSPO was not renewed the Council would have less enforcement powers  which could result in an increase in dog fouling and anti-social behaviour.

Councillor Whieldon asked if there was any provision in the consultation for professional dog walkers with 5-6 dogs.

The MMF Manager stated that there had been previous conversations in regard to controls around the number of dogs prohibited as part of the PSPO and the question would be proposed as part of the consultation.  Research had been carried out with neighbouring authorities and this Council’s proposals aligned with a lot of the neighbouring authorities.

Councillor Whieldon stated that, within the Borough, the number of dog waste bins were limited and asked what the thoughts of the MMF Manager were on that.

The MMF Manager advised that there were some designated dog waste collection bins and all of the waste bins in the Borough were dual collection and therefore litter bins could be utilised for dog waste.  There had been a substantial review in regard to bins around the Borough in terms of streamlining the service and Members could request that that be looked at.

Councillor Whieldon if the positions of the dog waste bins had been mapped to see if they were equally distributed.  This was confirmed.

Councillor Whieldon referred to the signage for dogs/fouling stating that it was worn down and also, too high up on the posts to which they were attached and were therefore not doing their job.

The MMF Manager stated that there was currently a review in regard of the signage.  The Council’s Communications Team would also do some work around educating people of the PSPO and the rules that must be followed.  Officers would continue to patrol parks and open spaces – especially any hotspot areas.

Councillor Sedgley asked   what the phrase ‘reasonable excuse’ referred to, as mentioned in the agenda report.

The MMF Manager advised that it was a legal term.  When officers witnessed an offence, the offender was given the opportunity to correct their behaviour.  An example was given as, should a person be observed not picking up dog waste, they would be asked to clean it up.  However, if that person did not have waste bags with them, it would be classed as a breach and the appropriate action would be taken.

Councillor Sedgley asked if the PSPO applied in his ward.  This was confirmed as the PSPO covered all of the Council’s parks and open spaces.

Councillor Casey-Hulme asked if a Fixed Penalty Notice (FPN) had been issued for the unauthorised encampment on London Road.

The MMF Manager advised that, as the encampment was on private land and therefore not a breach of the PSPO.  The landowner was required to undertake their own civil proceedings.  The Council would work in conjunction with landowners to guide them and encourage the cleaning up once the encampment had been removed.

Councillor Hutchison raised concerns regarding the 5-6 dogs for professional dog walkers stating that the size/breed of dog should be taken into consideration and asked if there was any provision to mention specific breeds.  

The MMF Manager advised that, as part of the consultation, specific reference would be made around the number of dogs.

Councillor Beeston asked if the rules were enforced in cemeteries as in Newcastle Cemetery she had observed loose dogs running around the graves.  Councillor Beeston also asked how often they were patrolled.

The MMF Manager stated that there was a team of enforcement officers that conducted park patrols along with their other roles of enforcement activity.  The parks and open spaces were patrolled as often as possible and Members were encouraged to report incidents with as much information as possible.

Councillor Beeston stated that the 5-6 dog limit were not just dogs on leads but loose at times.

The MMF Manager stated that the PSPO was around the control of dogs also.

Councillor Beeston asked if the Council would have to justify why it went for 5-6 dogs.

The MMF Manager stated, on the back of the consultation, if there was reasonable evidence to show that the public were in support of it.

Councillor Whieldon stated that there appeared to be an overlap with protecting public spaces and fly tipping that occurred and it would be useful to keep it in mind.

The MMF Manager stated that there were separate powers to deal with fly tipping offences and Members were encouraged to report incidents.

Resolved:    That a public consultation to be initiated for a 12 week period on the

renewed PSPO, as detailed in Appendix A.

Watch the debate here