Agenda item

Report Attached.

The Deputy Leader of the Council, Environmental Services submitted a report seeking authority from Cabinet to make a Public Spaces Protection Order (PSPO) pursuant to sections 60(2) and 61(1) (a) of the Anti-Social Behaviour, Crime and Policing Act 2014 (“The Act”) which varies the borough of Hyndburn (Control of Dogs) Public Spaces Protection Order (No 2 of 2015) by adding the grounds of Churchfield House in Great Harwood and the extension to Great Harwood Cemetery to the areas which will be governed by the proposed order in so far as it required dogs to be held on leads and extended the period during which the said order was effected by a period of three years.

Approval of the report was deemed a key decision.

Reasons for Decision

            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.  Similar considerations have to be taken into account if the local authority wished to extend the area governed by an existing PSPO (s 61(1) (a) and 61(2) of the Act.

PSPO’s are live for a maximum of three years and at that point have to be extended and varied if necessary, for them to remain in force. To extend and/or vary a PSPO a consultation exercise needs to be undertaken and a decision taken by Cabinet.

A consultation exercise was undertaken during September and October 2018. Key stakeholders such as the Police & Dogs Trust and user groups such as Sports Teams & local ‘Friends Of’ groups were consulted to ensure those most invested had a chance to comment.  As part of the consultation an online survey was available for Borough residents to indicate which of the proposals for inclusion within the PSPO they were for or against. A total of 339 responses were received via the on-line survey. The results are available in Appendix 1 of this report.

As part of the consultation an email address (pspo@hyndburnbc.gov.uk) was available for anyone wishing to make a specific point or comment about the proposals. Nine responses were received in total relevant to the consultation exercise. Eight responses were received from Borough residents, all of which objected to the proposal to exclude dogs from designated areas of Council owned sports pitches. One response was received from the Dogs Trust, this response commented on a more broad range of issues (refer to Appendix 2).       

Alternative Options Considered and Reasons for Rejection

An alternative option was to not extend and varythe current Borough of Hyndburn (Control of Dogs) PSPO (No 2 of 2015). This has been rejected as evidence and experience has shown that practical measures, like the current PSPO help balance the needs of dog owners with the wider use of public spaces.

Resolved -               (1)  That a Public Spaces Protection Order be agreed, having taken into consideration the outcome of the consultation exercise and all other relevant matters in conditions set out in section 59 (2) and (3) of the Act, in respect of the grounds of Churchfield House and the extension to Great Harwood Cemetery by reason of dogs being allowed by their owners to roam in those areas without being held on leads; and further satisfied  having given due consideration to the above mentioned consultation exercise and other relevant matters that the conditions in section 60( 2) are satisfied to the extent that the period during which the  Borough of Hyndburn ( Control of Dogs)  Public Spaces Protection Order (No 2 of  2015)  applies should be extended

         (2)  That it be agreed for a Public Spaces Protection Order which imposes the following requirements:

                                                   i.   The exclusion of dogs from Council owned children’s play facilities.

  ii The requirement for dogs to be kept on leads within  Hyndburn’s main townships.

iii  The continuation of the requirement for dogs to be kept    on leads in the Borough’s cemeteries.

 iv  The exclusion of dogs from designated Council owned bowling greens.

v.    The requirement for dogs to be kept on leads within the grounds of Churchfield House in Great Harwood

                                 (3)     That, having considered the results of the consultation exercise, it be agreed not to include the proposed exclusion of dogs from designated areas of Council owned sports pitches and the proposal requiring dogs to be kept on leads within Foxhill Local Nature Reserve within the PSPO.

(4)     That the level of any Fixed Penalty Notices (FPN) issued for contravening a PSPO (recommended at £80 with no discount) be agreed and authority be delegated to the Head of Environmental Services to amend the level of FPN in the future in consultation with the relevant Cabinet  Portfolio Holder and the Executive Director  Legal and Democratic Services.