Agenda item

Consultation outcomes to the proposed conditions of the Draft Dog Control Public Spaces Protection Order (PSPO)

Decision:

(a) That following the period of consultation, the Environment Overview & Scrutiny Committee recommends the making of a Public Space Protection Order (PSPO) to cover dog control and dog fouling in Flintshire with the following conditions to Cabinet for final determination. The PSPO will require a person in charge of a dog to:

(i) Remove their dogs’ waste from all public places within Flintshire.

(ii) Prohibit taking, or permitting the dog to enter or remain in

- All areas within school grounds,

- The playing areas of formal recreational areas including but not exclusively bowling greens and tennis courts

- Fenced enclosed children’s play areas.

(iii) Keep their dogs on a lead within a Cemetery.

(iv) Have means on their person, at all times, appropriate means to pick up their dogs’ waste from all public places in Flintshire.

(v) Put their dog on a lead, when directed by an authorised officer, if the dog is loose and causing a nuisance or annoyance to any other person, bird or animal.

The removal of the proposal of dogs being excluded from the playing areas of marked sports pitches in response to a lack of alternative areas for dogs to be exercised nearby at the current time. Allowing for a period of further consultation for Town and Community Councils to consult locally on marked sports pitches in their areas; and

(b) To note for information, but subject to final Cabinet determination, the agreed Public Space Protection Order covering dog control and dog fouling commences on 20 October 2017, following a Notice period and publicity of the upcoming Order.

Minutes:

Councillor Carolyn Thomas introduced a report on the outcome of consultation on the proposed conditions of a Dog Control Public Spaces Protection Order (PSPO) in Flintshire covering dog control and dog fouling, which would replace the existing Dog Control Order.

The Anti-Social Behaviour Co-ordinator gave details of the consultation and the summary of responses which indicated strong support for the proposed conditions. Although 68% of responses agreed with excluding dogs from marked sports pitches, this was the least supported proposal and had attracted late objections. Due to this and concerns that some individuals were not aware of the consultation, the report set out two options: (1) to recommend that Cabinet consider all of the proposed conditions and (2) for Cabinet to consider a further period of local consultation to seek views on whether dogs should be prohibited from around marked sports pitches in areas where there were no alternative dog walking amenities.

The Chairman recalled that Option 1 had received overall support from Members attending the workshop earlier in the year.

To accommodate some concerns raised during the consultation, Councillor Paul Shotton proposed Option 1 with an amendment ‘to permit dog exercise around the perimeter of marked sports pitches on a lead’. Officers confirmed that enforcement of the existing Dog Control Order would cease on 20 October 2017 unless the PSPO had been adopted to replace it.

Councillor Owen Thomas pointed out that some sports pitches were unmarked and would not be covered by the conditions. He felt that reference to fields should cover the entire area of those fields and that dogs should be put on a lead when using public footpaths, adding that such preventative actions would avoid potential incidents. The officers said that conditions (i) and (v) addressed these concerns and that appropriate signage would be displayed. On further queries, it was explained that Town and Community Councils had been consulted on land they wished to be included in the PSPO and that any private land would require permission if it was to be included at a future stage.

Members compared the amendment proposed by Councillor Shotton to Option 2.

Councillor Carolyn Thomas said it was recognised that many dog owners were able to control their dogs when let loose for exercise and that condition (v) had been included as a safeguard where this was not the case.

Councillor Shotton’s amendment was seconded by Councillor Andy Dunbobbin.

Following comments from Councillor Cindy Hinds on prohibiting dogs from entering play areas, the Chief Officer (Streetscene & Transportation) explained that different signage would be required for different areas.

Whilst Councillor Veronica Gay agreed with the amendment, she felt it was important to recognise the need for dogs to be exercised off the lead and suggested that designated areas could be a future discussion topic for the Committee or a Task Group.

Following a query by Councillor Joe Johnson, Councillor Carolyn Thomas clarified that dog fouling was only currently enforceable under the existing Order. She agreed with the importance of making provision for dog walkers and to recognise the associated health and social benefits. Whilst legislation provided for open space to exercise dogs, the idea of designated areas would be best considered by Town and Community Councils.

On further discussion, it was clarified that Option 2 to extend the consultation on marked sports pitches meant that the remaining conditions could be implemented.

Councillor Evans proposed Option 2 which he felt addressed the amendment put forward. This was duly seconded. On being put to the vote, four Members agreed with Option 1 and seven Members agreed with Option 2. Option 2 was therefore carried.

RESOLVED: