Agenda item

Decision

1. That the implementation of a Public Space Protection Order under the Anti-Social Behaviour, Crime and Policing Act 2014 with restrictions relating to the control of dogs Borough wide as set out in paragraph 4 of the report from 1^st July 2019 be approved with the addition that Order 5 is extended to include “within 3 metres of play equipment in unfenced children’s play areas”
   
   

2. That £75 is set as the sum payable for a fixed penalty notice.

Corporate objectives

Safe and Clean Environment

Maintain a clean and safe environment

Monitoring Officer/S.151 Officer Comments

Monitoring Officer: 

The PSPO will assist with the prevention of anti-social behaviour in the borough.  There will need to be a proportionate approach to enforcement particularly where the order is being breached by young and vulnerable persons.

Deputy S.151 Officer

The implementation of this recommendation will be funded through existing approved budgets.

Advice

Councillor Harden introduced the report to members. The consultation had been positively received and this report contains the final wording to be included in the PSPO.

Councillor Marshall said she was delighted to see these PSPOs and referred to the revised Schedule 1 and said she assumed this was to ensure new playgrounds would be covered. She was concerned that open playgrounds were not included and therefore unprotected. PSPOs were to be used as necessary and are an advantage and an aid to officers. Unfenced areas should not be left unprotected like the new play area in Gadebridge Park and The Moor in Berkhamsted. Councillor Marshall proposed an addition to Order 5 to say that PSPOs will be effective within three metres of play areas.

M Brookes said this could be workable from an enforcement perspective.

D Rhoden said that the only concern is that this could be easily challenged by members of the public.

Councillor Harden said there could be issues about proving the distance.

M Brookes suggested that this be further clarified to state that the PSPOs are effective within three metres of play equipment as it gives a physical structure to measure against.

Councillor Elliot said this was clearly a welcome development but wanted to clarify that the council is not attacking people who want to walk their dogs.

Councillor Harden said this was about challenging irresponsible dog owners with enforcement back up from the council.

Councillor Birnie asked if this covered all areas under council ownership and questioned if it could cover sport fields etc.

M Brookes said it had to be an open space accessible to the public.

Councillor G Sutton said he supported the comments from both Councillor Marshall and Harden. He said his main concern was dog walkers that have multiple dogs that are off the lead. They cannot control all the dogs and this causes problems.

Councillor Griffiths said this was not just about play areas, this covered all open spaces and land.

Councillor Marshall asked if this would cover Boxmoor Trust land.

D Rhoden said yes. National Trust land wanted to be excluded from the dog fouling order as they have their own preferred method for disposing of dog excrement. They are keen to join but not regarding enforcement action.

Cabinet agreed to the PSPOs with the addition to Order 5 about enforcing PSPOs within three metres of any play equipment.

Voting

None