Issue - meetings

A notice has been published in accordance with Regulation 10(1)(b) of the Local Authorities (Executive Arrangements) (Meetings and Access to Information) (England) Regulations 2012 that the matter is key decision being considered under the General Exception procedure.

Report attached.

In accordance with the Local Authorities (Executive Arrangements) (Meetings and Access to Information (England) Regulations 2012, a notice had been published on 7^th September 2021 under the General Exception Procedure confirming that Councillor Jenny Molineux, Chair of the Communities and Wellbeing Overview and Scrutiny Committee had been informed that the following key decision was to be made by Cabinet on 15^th September 2021 without publishing details of the decision at least 28 days before the meeting.

Councillor Paul Cox provided a report seeking approval to the making of a Public Spaces Protection Order (PSPO) pursuant to section 59 of the Anti-Social Behaviour, Crime and Policing Act 2014 (“The Act”) relating to dog control within the Borough of Hyndburn.

Councillor P Cox highlighted the main elements of the report, including the relevant legislation and reasons for use of a PSPO, consultations undertaken and additional areas identified for inclusion in the PSPO (namely Borough sports pitches and the Rose Garden in Haworth Park).

Councillor Munsif Dad BEM JP, commented that he had discussed dogs being exercised in cemeteries with Councillor P Cox.  This was a particularly sensitive issue in relation to the Muslim burial plots.  He acknowledged that the majority of dog walkers using the cemeteries did behave responsibly by keeping their dogs on leads, but a minority allowed their dogs to roam free, which had led to fouling on graves.  This was unacceptable to all sections of the community.  Councillor Dad hoped that his concerns would be addressed.

Councillor Marlene Haworth, Leader of the Conservative Group, welcomed the report, which was widely supported by the Opposition Group.  She expressed disappointment at irresponsible dog owners.  She had witnessed at least three people today in Haworth Park whose dogs were not on leads.  She expressed a hope that compliance with the PSPO could be monitored effectively.  Councillor Harrison commented that the restrictions in Haworth Park applied only to the Rose Garden, as this was used for weddings.  Councillor P Cox indicated that the Council employed a dog warden (in-house), but that the relied heavily on intelligence from members of the public.  Residents should send their observations in to the Council.  Dog walkers tended to be creatures of habit, following a set route a set times of the day, so irresponsible owners should be easy to identify.  Any infractions would attract a fixed penalty.

Approval of the report was considered to be a key decision.

Reasons for Decision

Legislation relating to Dog Control had changed in 2014 with the introduction of the Anti-Social Behaviour, Crime and Policing Act 2014.  The Act 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  ...  view the full minutes text for item 125