Agenda item

The purpose of the report is to review feedback from the public consultation and consider the draft Public Spaces Protection Orders; and to seek Executive support for the draft Public Spaces Protection Orders relating to dog fouling and dog controls and a recommendation to the Council to make the Orders as set out.

Recommendation

The Executive is asked to recommend that the Council approves:

1.         making the updated Public Spaces Protection Order No.1 relating to dog fouling.

2.         making the updated Public Spaces Protection Order No.2 relating to dog controls.

3.         the FPN level to be set at £100 for breach of the order, where offered as a disposal.

The Executive RESOLVED to recommend to Council that:

1.        the updated Public Space Protection Order No.1 relating to dog fouling be approved.

2.         the updated Public Space Protection Order No. 2 relating to dog control, as amended to remove Hollowdene Recreation Ground, Frensham, be approved.

3.         the FPN level be set at £100 for breach of the order, where offered as a disposal.

Reason for the decision: To ensure that there are adequate controls in place to address issues caused by irresponsible dog owners, reduce harm to the environment and enable the whole community to enjoy the use of local public space.

This matter is referred to Full Council for decision and is not available for call-in.

Cllr Tony Fairclough, Portfolio Holder for Enforcement and Regulatory Services, introduced the report on the public consultation held on the renewal of the Public Space Protection Orders (PSPOs) in respect of dog fouling and dog controls. Cllr Fairclough recognised the work done by the previous Portfolio Holder, Cllr Andy MacLeod, and officers in bringing the PSPOs forward. The original PSPOs had been made in 2019 and 2022 in response to public concerns about responsible dog ownership, and they were subject to a statutory three-year review. The recommendations for replacement PSPOs were the result of public consultations in January and February 2023 in which 95% of respondents were either dog owners or dog walkers, along with town and parish councils and other organisations associated with dog welfare.

With respect to dog fouling there was almost unanimous support for renewing the PSPO which makes it an offence to clear up dog fouling and there was a Fixed Penalty Notice of £100 that could be imposed any an authorised officer. There would continue to be exceptions for those unable to clear up dog fouling for specified reason. The only significant change to the Order was to remove the requirement to produce evidence of possession of suitable means of clearing up dog fouling, which would bring Waverley in line with other Surrey councils. Some concerns had been raised about the number of bins available: Waverley currently had 825 litter bins; new bins cost £3-400 and emptying bins cost around £160 per annum per bin. The schedule of bin emptying would be reviewed to ensure it met the needs of particular areas, and the possibility of sponsorship of bins would also be explored. However, it was the responsibility of the person in charge of the dog to clean up and dispose of dog fouling responsibly.

With regard to the dog control order, this sought to ensure that anyone in charge of a dog acted responsibly at all times within public spaces. It aimed to balance the rights of people in charge of dogs and those of others using parks and countryside. The order identified areas where dogs were excluded, areas where dogs must be kept on a lead, and areas where those in charge of a dog could be asked to put it on a lead. Again, there were specific exceptions recognising individual circumstances, and there had been some changes to the schedules and plans amending or introducing certain restrictions.

Enforcement of the Orders would be targeted at problematic areas identified by the public and partners, and officers were working with partners in the police and town and parish councils to explore ways to expand enforcement capacity.

The Portfolio Holder commended the PSPOs to the Executive for endorsement and recommendation to Council for approval.

The Leader advised that officers had asked to amend the schedule to the Dog Control PSPO in response to a request by Frensham Parish Council to remove Hollowdene Recreation Ground, details of which had been circulated to the Executive and which he was content to accept.

The Executive RESOLVED to recommend to Council that:

1.        the updated Public Space Protection Order No.1 relating to dog fouling be approved.

2.         the updated Public Space Protection Order No. 2 relating to dog control, as amended to remove Hollowdene Recreation Ground, Frensham, be approved.

3.         the FPN level be set at £100 for breach of the order, where offered as a disposal.

Reason for the decision: To ensure that there are adequate controls in place to address issues caused by irresponsible dog owners, reduce harm to the environment and enable the whole community to enjoy the use of local public space.