Agenda item

As detailed in the recommendations.

Councillor Bithell introduced the report and explained that Public Spaces Protection Orders (PSPOs) were an intervention to prevent individuals or groups committing anti-social behaviour in a public space.  They were part of the Anti-social Behaviour, Crime and Policing Act 2014.

Active from 19th October 2017, Cabinet approved the making of a dog control

Public Space Protection Order following a period of consultation and other requirements under the Anti-social Behaviour, Crime and Policing Act 2014. The

PSPO required dog owners to:

1. Remove their dogs’ waste from all public places within Flintshire

2. Have a means on their person to pick up dog waste

3. Place their dog on a lead when asked by an authorised officer, if the dog

was causing a nuisance

4. Prohibit dogs from entering the playing areas of public marked sports

pitches, formal recreation areas including but not exclusively bowling

greens and tennis courts, fenced equipped children’s play areas and all

areas within school grounds

5. Keep their dog on a lead in cemeteries.

Under provisions of the Anti-social Behaviour, Crime and Behaviour Act 2014,

Flintshire’s Alcohol Designated Public Place Order transitioned into a Public Space

Protection Order on the same date. This order allowed Police Officers the power to ask members of the public to surrender alcohol if a member of the public was

believed to be causing a nuisance in a public place. This was not a total alcohol ban

in public areas, and was not applicable to licensed premises, but encouragement of

sensible drinking.

Both Orders were renewed in 2020 and were now up for review and renewal or they would expire on 29th October 2023.

Any local authority that made a PSPO could extend the period for which it had effect if it was satisfied, on reasonable grounds, that doing so was necessary to prevent an occurrence or recurrence of the activities identified in the order, or an increase in the frequency or seriousness of those activities, after that time.

In addition to that, the Council had been approached by both Mold Town Council and Connah’s Quay and District Angling Club to request that variations were made to the Dog Control PSPO to exclude dogs from Mold Memorial Gardens, Maes

Bodlonfa, Mold and Rosie Waters, Wepre Park, Connah’s Quay.

Consultation on the current prohibitions and the proposed variations took place in accordance with legal requirements for 6 weeks between June 5th and 14th July 2023. In total 881 responses were received. There was strong support to renew

both PSPOs, as was detailed in the report, including the variations requested.

            The Chief Officer (Planning, Environment and Economy) explained that a petition had been received in relation to the Mold memorial gardens and whilst it was acknowledged by the authority, strict processes meant that it could not be considered and the recommendation was to enforce the ban.  It was important to note that the responses are outside of the consultation period which ended in July 2023.  From that consultation, over 60% were in favour of banning dogs from the memorial garden in Mold.  He clarified that during the consultation period the plans were online and on site too.

RESOLVED:

That the extension of Public Space Protection Orders (PSPOs) to cover dog control and alcohol control in Flintshire, as outlined below, be approved:

            The dog control 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 footpath around The Rosie, Wepre Park, Connah’s Quay as marked on the map shown as appendix 3

-          Mold Memorial Park, Maes Bodlonfa, Mold as shown as appendix 4

III         Keep their dogs on a lead within a cemetery

IV        Have appropriate means on their person, at all times, 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 alcohol control PSPO would impose the following prohibitions and/or

requirements in public spaces in Flintshire, at all times:

1. Any person who, without reasonable excuse, continues drinking intoxicating liquor in a public area within the Restricted Area when asked to stop by an authorised officer, commits an offence.
2. Any person who whilst in a public area within the Restricted Area, without reasonable excuse, fails to surrender any intoxicating liquor in their possession when asked to do so by an authorised officer, commits an offence.
3. An authorised officer who imposes a requirement under Article 4(a) and/or 4(b) must tell the person that failing, without reasonable excuse, to comply with the prohibition and/or requirement is an offence.

(b)       That subject to approval, the agreed Public Space Protection Orders covering dog control and alcohol control commence on 29^th October 2023 following a notice period and publicity of the upcoming order.