Decision details

Pursuant to Minute C66/Nov/19, the Cabinet Member with the Stronger Communities Portfolio introduced the report of the Director of Economic Growth and Neighbourhood Services (previously circulated) requesting that consideration be given to the responses received (also previously circulated) to the consultation exercise undertaken on the proposed introduction of Public Space Protection Orders (PSPOs) to replace existing Dog Control Orders and introducing wider powers concerning the walking and supervision of dogs.

The submitted report stated that the consultation exercise on the implementation of PSPO’s for the control of dogs had initially run for eight weeks, however due to public interest in the orders, it was extended for a further four weeks and it had ran from November 2019 to February 2020; PSPOs were introduced in the Anti-Social Behaviour, Crime and Policing Act 2014; a PSPO was designed to deal with a particular nuisance or problem in an area; the behaviour must be having a detrimental effect on the quality of life of those in the community and it must be persistent or continuing and it must be unreasonable; and that should the Council wish to continue enforcing the provisions within the existing Dog Control Orders, which lapsed under legislation in October 2017 and had to be replaced by 20 October 2020, then they would need to be replaced with a PSPO.

In presenting the report the Cabinet Member with the Stronger Communities Portfolio stated that the draft PSPO had been amended since the report was first published, as originally consulted on, the draft PSPO set out the East, North and West Cemetery as being  areas subject to a ban on dog walking (with them included in the list Schedule 2 of areas with dog walking bans), however, following the consultation the proposal was that dogs would be permitted on leads in the cemeteries and an amendment was made to move the 3 cemeteries from Schedule 2 to Schedule 3 (which dealt with areas where dog walking on leads was permitted).

A letter of representation was submitted to oppose allowing dog walking in Cemeteries, which was summarised by the Cabinet Member with the Stronger Communities Portfolio.  The representation made reference to the history of the Victorian West Cemetery and North Cemetery and the appropriateness of dogs being allowed to access heritage settings; the consultation process which it was felt, should have been wider and included  the Gardens Trust; plans for the West Cemetery Crematorium; dog walkers who unashamedly used the West Cemetery, despite the ‘no dogs’ signs; stated that a clear bye law forbidding dog-walking was required rather than a weak PSPO; there were other more appropriate places where people could walk dogs; dog bins would  spoil the garden environment in the cemetery; dog owners would be an unnecessary nuisance and financial risk, as there may be the potential for legal claims with more people using West Cemetery when the crematorium works got underway; and the ability of council staff to police and enforce the PSPO.

A Member in attendance addressed the meeting in respect of allowing dog walking in the cemeteries and enforcement and asked a number of questions relating to whether the number of fines and dog bins were sufficient and whether there was sufficient resource within the enforcement team to enforce the PSPO.  Discussion ensued the original proposal to restrict the number of dogs that could be walked by one person; the impact on dog walking businesses; and the monitoring of the PSPO.  The Cabinet Member with the Stronger Communities Portfolio responded thereon.

RESOLVED - (a)  That the consultation feedback, as appended to the submitted report, the representations made at the meeting, and the contents of the submitted report, be noted.

(b)  That the amended Public Spaces Protection Order, as set out in Appendix 2 of the submitted report, be made, to replace the current Dog Control Orders for:-

                (i)     failure to remove dog faeces;

              (ii)    not keeping a dog on a lead on specified land;

             (iii)     not putting a dog on a lead and keeping on a lead when directed by an authorised officer;

             (iv)     permitting a dog to enter land from which dogs are excluded; and

              (v)     not keeping a dog on a lead in East, North and West Cemeteries.

REASONS - (a)  Current Dog Control Orders cease to exist by October 2020.

(b)  For improved dog control/responsible dog ownership in Darlington.

(c)  To improve the quality of life of persons visiting and working in the areas covered by the PSPO.?????