Content

RESOLVED:
 
1. 
Approves a revised Public Spaces Protection Order (Dog
Control) in relation to the renewing and varying of the existing
Public Spaces Protection Order (Dog Control), which would place
controls on dog fouling, dog exclusion, dogs on leads, dogs on
leads where requested and on the maximum number of dogs that can be
walked by one person. A copy of the proposed Public Spaces
Protection Order (Dog Control) is attached to this report as
Appendix 1.
 
REASONS FOR DECISION
 
A PSPO is a tool to ensure the law-abiding
majority can use and enjoy public spaces safe from activities which
have a detrimental effect on the quality of their life in that
area. The proposed PSPO (Dog Control) should ensure that Hackney
has an effective response to ASB in the areas covered by the
PSPO.
 
PSPOs are intended to be used to deal with a
particular nuisance or problem in an area that is detrimental to
the local community’s quality of life by putting in place
conditions on the use of that area that apply to everyone. They are
designed to ensure people can use and enjoy public spaces safe from
activities which have the requisite detrimental impact.
 
Councils can make a PSPO after consultation
with the Police and other relevant bodies and communities. The
legislation sets out a two-pronged test of which a Local Authority
has to be satisfied on reasonable grounds before a PSPO can be
made. These conditions are as follows:
 
2. 
That the activities carried out in a public place have
had a detrimental effect on the quality of life of those in the
locality; or that it is likely that they will have such an
effect.
 
3. 
That the effect or the likely effect of the
activities:

 
· 
Is (or is likely to be) persistent or
continuous.
· 
Is (or is likely to be) unreasonable.
· 
Justifies the restriction imposed by the
notice.
 
A PSPO must identify the public place in
question and can:
 
a) 
prohibit specified things being done in that public place;
b) 
require specified things to be done by persons carrying on
specified activities in that place; or
c) 
do both of those things.
 
The only prohibitions or requirements that may
be imposed are ones that are reasonable to impose in order to
prevent or reduce the risk of the detrimental effect continuing,
occurring or recurring.
 
Prohibitions may apply to all persons, or only
to persons in specified categories, or to all persons except those
in specified categories.
 
The PSPO may specify the times at which it
applies and the circumstances in which it applies or does not
apply.
 
Unless extended, the PSPO may not have effect
for more than 3 years.
 
The breach of a PSPO without reasonable excuse
is a criminal offence. The Police or a person authorised by the
Council can issue fixed penalty notices, the amount of which may
not be more than £100. A person can also be prosecuted for
breach of a PSPO and, on conviction, the Magistrates’ Court
can impose a fine not exceeding level 3 on the standard scale
(currently £1,000).
 
In deciding to make a PSPO the Council must
have particular regard to Article 10 (Right of Freedom of
Expression) and Article 11 (Right of Freedom of Assembly) of the
European Convention on Human Rights (‘ECHR’).
 
The Council must also carry out the necessary
prior consultation, notification and publicity as prescribed by
s.72 of the Anti-Social Behaviour Crime and Policing Act 2014 (the
2014 Act).
 
In preparing this report Officers have had
regard to the statutory guidance issued by the Home Office and the
Guidance on PSPOs issued by the Local Government Association.
 
DETAILS OF ALTERNATIVE OPTIONS CONSIDERED AND
REJECTED
 
Not having a PSPO in place regarding dog
control will have a detrimental impact on the experience of
residents and other users of parks, open spaces, play and other
areas across the borough. Furthermore, the ability of Community
Safety and Enforcement Officers to enforce dog-related nuisance
across the borough would be significantly restricted; leading to
increased dog fouling, dogs being a nuisance and not being
adequately controlled, dogs entering children’s play areas,
sports areas and other areas.
 
Officers can enforce by-laws relating to
Parks, Gardens and Open Spaces, which were first made in 1932 and
transferred to the Council from The Greater London Council in 1971.
The by-laws are outdated and hold a maximum penalty of £20,
which is not a sufficient deterrent to those who would breach
them.
 
This option would be contrary to the need for
the PSPO and public support for the PSPO.
 
Renewing the current PSPO without any changes
was also considered. However, this option would not have allowed
the adding of prohibitions / requirements stipulated in the PSPO,
the updating of locations from which dogs are excluded and in which
dogs must be kept on a lead. It was therefore rejected.