Agenda item

The Committee received a report, presented by the Cabinet Member for Climate Change, Decarbonisation and Sustainability, which provided an update for the consideration of additional public space protection order (PSPO) for Carmarthenshire Dog Orders. 

The Committee, at its meeting on the 24^th November, 2022 recommended to introduce a County wide ban of dog’s entering a marked up sports pitch and the introduction a Fixed Penalty Notice for the offence of not having the means of cleaning up after their dog.  It was highlighted to members, that Legal Advice had stated that any PSPO needed to be evidence based, and a proportionate response to the problems which were occurring.  From a legal perspective it was deemed that insufficient evidence had been received to date to sufficiently demonstrate that the introduction of a County Wide PSPO to address this problem was proportionate.

In light of this, the report provided Committee Members with an update and the options available to the Authority based upon legal advice given.  The report included information and provided the proportionality of the proposed approach to Public Space Protection Orders for dog fouling on sports pitches.  The Committee was asked to review the following recommended options as provided in the report in terms of tackle Dog Related Anti-Social Behaviour issues.

·   The Authority to draft a standard proforma and toolkit for sports groups / town and community councils to support for community action.

·   Provide evidence template to capture the nature and extent of the problem in specific locations to support additional orders that may be appropriate on a site-by-site basis.

·   Introduction a Fixed Penalty Notice for the offence of not having the means of cleaning up after their dog in public spaces.

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

·       It was commented that due to the lack of signage, it was difficult for the public to be aware of where the PSPO’s were in force and therefore it was suggested to introduce more signage which should be achieved by working jointly with Town and Community Councils.

·       It was commented that PCSO’s within Dyfed Powys Police Force should be given the powers to enforce the law of the PSPO as they do in other forces in Wales.

·       In reference to the number of complaints received, it was observed that the number stated within the report seemed very low considering that Members representing Community Councils receive a high volume of complaints regarding dog fouling. It was therefore highlighted that incidents of dog fouling and complaints thereof were not formally being reported to the County Council. 

The Cabinet Member for Climate Change, Decarbonisation and Sustainability in agreement with the point raised, stated that Council Members both Town/Community and Authority tend to just deal with dog fouling matters, excluding the extra step to report it to the Authority.  This results in the Authority not gaining the much-needed local intelligence and evidence required to manage the issue.  In acknowledging this, it was reported that during the engagement process with communities, it was important to demonstrate clearly what the process entailed.  This would enable enforcement officers to be deployed based on local intelligence received.  In addition, in reference to the comment raised earlier regarding signage, the Cabinet Member explained that the toolkit would be designed to assist Town and Community Councils with a generic signage which can be adapted to suit the needs of the area and suit a more local perspective.

·       In response to a query raised in regard to devolving the enforcement powers to Town and Community Councils, the Cabinet Member explained that whilst the enforcement powers would have to remain with the Authority, the data collecting would derive from the Town and Community Councils which would provide vital information in enabling the Authority to direct the limited resources to identified hotspot areas.  The recommended option of developing a toolkit would empower Sports Groups and Town and Community Councils to gather sufficient evidence in order to support the work of Enforcement Officers.

·       In recognition of the vast rural areas within Carmarthenshire, it was asked how the challenge of directing resources was overcome?  The Cabinet Member explained that at present, the Authority employed 8 Enforcement Officers to cover the whole area of Carmarthenshire and therefore the receipt of local intelligence from the public and local Councils would play a significant role in directing and prioritising resources effectively to the areas in need of attention.

·       It was proposed that upon completion, the toolkit be made available to the Scrutiny Committee for comment.  This was duly seconded.  The Cabinet Member welcomed the Committee’s interest in receiving the toolkit and would ensure that it was made available for comment prior to it going live.

·       In response to an earlier comment regarding PCSO’s, it was raised that PSCO’s currently have the powers to enforce in the case of a breach of a PSPO, however it appeared that this was not the priority.  It was suggested that the Cabinet Member contacts the Police Constable and/or Commissioner for their comment and report back to the Committee.

UNANIMOUSLY RESOLVED that:

7.1      the report be received;

7.2     the Cabinet note and consider the comments raised by the Committee in its consideration of the recommended options in respect of tackling Dog related Anti-Social Behaviour Issues as stated in the report.

7.3     that the draft standard proforma and toolkit for sports groups / town and community councils as recommended in the report be shared with the Committee for comment.