Issue - meetings

Report attached.

In accordance with Regulation 11 of the Local Authorities (Executive Arrangements) (Meetings and Access to Information) (England) Regulations 2012, approval had been given by Councillor Jodi Clements, Chair of the Communities and Wellbeing Overview and Scrutiny Committee, to the following decision being made by Cabinet on 4^th  December 2024, under the special urgency provisions for key decisions, on the grounds that the decision was urgent and could not reasonably be deferred.

Members considered joint report of Councillor Stewart Eaves, Portfolio Holder forEnvironmental Services and Councillor Kimberley Whitehead, Portfolio Holder for Culture, Heritage and Arts, requesting Cabinet to consider extending and varying a Public Spaces Protection Order (PSPO) called the Borough Council of Hyndburn (Control of Dogs) Public Spaces Protection Order (Number 1 of 2021) pursuant to sections 60 and 61 of the Anti-Social Behaviour, Crime and Policing Act 2014 (“The Act”) relating to dog control within the Borough of Hyndburn.

Councillor Eaves provided a brief introduction to the report.  He referred to an additional recommendation which was being proposed in the light of responses provided in the comments section of the PSPO consultation and discussions with the Friends of Memorial Park, Great Harwood.  Mr Welsby, Chief Executive, clarified that the new recommendation was in addition to those already set out in the report.

Councillor Dad commented that he had previously had some concerns about dogs in cemeteries, in the light of complaints he had received 3 or 4 years ago from the families of the deceased.  However, while attending a burial at Burnley Road Cemetery in Accrington, at the weekend he had observed around 10 dog owners, all of whom had their pets on a lead.  He had been reassured that, in general, owners who exercised their dogs in cemeteries were responsible and that there was no issue with dogs being in cemeteries per se.  Irresponsible owners could be dealt with via the PSPO and enforcement.

Approval of the report was deemed a key decision.

Reasons for Decision

Legislation relating to Dog Control changed in 2014 with the introduction of the Anti-Social Behaviour, Crime and Policing Act 2014. The Act had superseded The Clean Neighbourhoods and Environment Act 2005 in relation to dog control.

The Act required local authorities to use PSPOs instead of dog control orders.  To make a PSPO a local authority had to be satisfied that activities carried on in a public place had or were likely to have a detrimental effect on the quality of life of those in the locality (s 59 (2) of the Act) and that those activities were unreasonable, likely to persist or continue and justified the making of the PSPO.

Section 60 (2) of the Act permitted local authorities to extend the period during which an existing PSPO had effect if it was satisfied on reasonable grounds that the restrictions in that PSPO were still required.

PSPOs were live for a maximum of three years and at that point could be extended and varied if  ...  view the full minutes text for item 259