Agenda item

CONSIDERATION OF ADDITIONAL PUBLIC SPACE PROTECTION ORDER (PSPO) FOR CARMARTHENSHIRE DOG ORDERS

Minutes:

The Committee considered a report on the consideration of additional public space Protection Order (PSPO) for Carmarthenshire Dog Orders. 

 

The report presented by the Cabinet Member for Climate Change, Decarbonisation and Sustainability included the results of a recent engagement survey in relation to the potential to introduce supplementary dog controls by means of an additional PSPO where evidence supports the need for additional orders. 

 

It was reported that since the 2016 order came into force there had been 3,354 complaints received in relation to dog related Anti-Social Behaviour including Dog fouling.

 

To learn more about an engagement survey to identify areas / issues being experienced that may require additional orders over and above the current base line was carried out.During the same period 108 fixed penalty notices had been issued and 6 prosecutions had been implemented for offenders who had failed to pay the fixed penalty notice.

 

To work towards addressing the ongoing concerns of the on-going dog related Anti–Social Behaviour within communities, an engagement survey was conducted to capture the views and identify areas or issues being experienced that may require additional orders above the current baseline Public Spaces Protection Orders.

 

The targeted engagement survey was undertaken with key stakeholders affected by dog related anti-social behaviour and was conducted over an eight-week period between the 10th January to 11th March 2022.

 

The results and feedback from the engagement survey was provided within and appended to the report.

 

The Cabinet Member explained that as a result of the engagement survey, the options of additional orders for consideration included:

 

       Exclusion of dogs from Sports Pitches (site by site or countywide)

       Dogs to be kept on Leads in all public spaces.

       Means to pick up dog faeces

 

In support of the above option, the report and the Cabinet Member provided suggested next steps for the committee’s consideration.

 

The following comments/queries were raised in relation to the report:-

 

In commenting that the majority of fouling incidents occur on the street paths from dogs on leads whereby dog owners choose not to collect and dispose of responsibly, it was suggested to adopt the concept of a ‘nudge’ theory which had already proven to be successful in other Councils.  The Environmental Services Manager explained that the nudge theory was already a key part of the Local Environment Quality Management Plan and should Town/Community Councils wish to get involved in utilising the nudge theory concept Dog Fouling Packs were available for Community Councils.  In addition, following a trial, the use of stencils had proven successful in encouraging dog walkers to place their waste into the nearest bin by following the stencilled paw prints on the ground.  Furthermore, it was explained that resources were directed to areas in most need.

 

The Cabinet Member added that in order to direct the available resources appropriately the receipt of intelligence from members of the community was heavily relied upon.

 

It was acknowledged that the County relied upon 8 Enforcement Officers, and whilst it was necessary to target resources in accordance with the intelligence received, concern was raised that the Enforcement Officers were not available 24/7 to catch offenders after office or daylight hours.

 

A further comment was raised that adverse weather would be an additional reason for dogwalkers not to pick up their dog faeces and in echoing the earlier comment that the enforcement officers would not be targeted available during out of hours despite the intelligence provided.  The Environmental Services Manager explained that the role of the 8 Enforcement Officers included a range of differing offences throughout Carmarthenshire, including fly-tipping, littering, abandoned vehicles etc as well as dog fouling.  It was explained that whilst it was not possible for the limited resources to act on each and every complaint, the direction of resources was managed on a prioritised basis.  This included a targeted approach based on the intelligence provided by members of the public and Councillors which provides the evidence to target areas of concern.

 

The Cabinet Member explained that the report following the engagement survey provided options of additional orders seeking views on exclusions from sports pitches either site by site specific or county wide ban?  In reviewing the feedback from the engagement survey, it was noted that there were few responses received from sports clubs/associations which could indicate that some areas may not have an issue with dog related anti-social behaviour.  In considering this, it was explained that one of the options for consideration included the development of a toolkit specifically for sports club/associations to evidence any issues and should there be a clear issue the sports club had access to a clear avenue to submit an application together with the evidence to place a site specific PSPO.

 

In addition, Members were informed of the possibility of implementing the option to enforce dog walkers to have a means to pick up dog faeces.

 

In response to comments raised regarding a ban on dogs from play areas across the Carmarthenshire, the Cabinet Member informed the Committee that the current baseline PSPO included a dog ban from all children’s play areas.  For clarity, the Director of Place and Infrastructure added that the current PSPO covered all ‘enclosed’ play areas.

 

Several comments were made in favour of the option of an additional PSPO to ban dogs from sports pitches, however it was acknowledged that whilst this would be a consistent approach there were also many responsible dog owners and would not wish to penalise families form bringing their dogs when supporting players from the side of the pitch. 

 

In order to provide consistent approach, it was proposed to introduce an additional PSPO to ban dogs from all sports pitches in Carmarthenshire. 

 

The Cabinet Member supported by the Environmental Services Manager advised the Committee that in terms introducing an additional PSPO to ban dog on sports pitches county-wide a series of legal tests would have to be adhered to.  The legal tests would require a certainty in that the Authority had reasonable grounds whereby introducing an additional order would prevent occurrence or reoccurrence of the offences of the activities identified across the County.  In addition, it must be evidence based and proportionate in response.  Members were advised that at present, the required evidence to signify that there was a widespread issue which would be required to introduce a PSPO for a blanket ban on dogs from sports pitches was not available. 

 

In addition, the Authority is required to maintain available space for dog walkers to walk their dogs free from leads in certain community areas, therefore the introduction of a blanket ban could mean that certain areas of the County would no longer be able to provide the available space to walk dogs free from leads, which would cause an issue.

 

The option of the site-by-site approach would support the gathering of evidence to issue controls in specific areas, better target resource, support communities and assure that the introduction of any future PSPO’s would be proportionate and would meet the necessary legal tests.

 

Following the advice provided, it was commented that the rationale behind the additional PSPO to ban dogs from all sports pitches in Carmarthenshire was purely from a view to provide a consistent approach county-wide.  In recognising that families bring dogs to the pitch in support of a player it was suggested to introduce the ban of dogs from the within the boundary line of a sports pitch.

 

A concern was raised in relation to the dangers of the disease associated with dog faeces.  Furthermore, suggestions were made to help strengthen the powers of the existing Enforcement Officers by utilising PCSO’s and parking wardens. It was felt that the fines where not enough of a deterrent and name and shame was important and should be utilised more. The Director of Place and Infrastructure stated that PCSO’s were able to exercise the same powers as an enforcement officer.  Furthermore, the role of parking wardens as a civic enforcement officer had a defined role as part of the Traffic Management Act and therefore it would be very difficult to broaden that role to utilise for other enforcements. 

 

Reference was made to the survey results.  In observing that only 12 out of 72 Community Councils within Carmarthenshire had responded it was commented that it would have been helpful for more responses to have been received providing a better picture of the matter.

 

Following the consideration of the advice and responses provided by the Cabinet member and officers, it was proposed to introduce an additional PSPO to ban dogs from a defined sports pitches located within the County.  This was duly seconded. 

 

It was raised that the development of a toolkit would be necessary as there were other areas of concern such as beaches and parks.

 

A discussion ensued in regard to the option of introducing an order to enforce dog walkers to carry a means to pick up dog faeces.  It was raised that this had been introduced in another Authority in Wales with a successful outcome however, it was commented that it would be difficult to police and could cause confrontation.  The Director of Place and Infrastructure advised members that this would be an additional tool for the enforcement officers when they engage with dog walkers which serves to change behaviour and mindset contributing to the nudge theory.

 

9.1 UNANIMOUSLY RESOLVED that the report on the Consideration of Additional Public Space Protection Order (PSPO) for Carmarthenshire Dog Orders be received.

 

9.2 UNANIMOUSLY RESOLVED TO RECOMMEND TO CABINET that an additional Public Space Protection Order be introduced to ban dogs from defined sports fields located within the County.

 

 

Supporting documents:

 

Council & Democracy

The Council

Councillors, AMs and MPs

Council departments

Have your say

Committees & Meetings

Strategies and plans