IF YOU ENJOY EXERCISING YOUR DOG OFF LEAD IN PUBLIC PLACES
YOU NEED TO READ THIS
As well as bylaws and Dog control orders, did you know that Local authorities in England, Wales and Northern Ireland can introduce Public Spaces Protection Orders to impose blanket restrictions on where dog walkers can go with their dog and whether they can let their dogs off lead.
For example, these restrictions may specify a particular park (or area within the park) where dogs must be kept on a lead at all times, or ban dogs from a beach for specific times of the year or even all year round.
It does seem that dogs and their owners are being continually hounded. There are always people in the media, on the local council or residents association, who would seem to favour a ban on dogs full stop. It is the time that responsible owners made themselves heard before opponents get their wish.
Since the introduction of the Animal Welfare Act 2006 there is a legal requirement for those responsible for dogs to provide them with ‘suitable exercise’, which means regular opportunities to walk and run off the lead.
Whilst the public have sympathy and quite rightly, for wild animals who are prevented from exhibiting their natural behaviour, the same sympathy from some is not extended to dogs.
The majority of dog walkers are responsible, but there is an irresponsible minority who don’t pick up after their dog or allow their dogs to run out of control. This has resulted in an increasing number of local authorities introducing ever more stringent restrictions on where all dog walkers can exercise their dogs.
Whilst some restrictions may be sensible many others do not meet these criteria and are unreasonably causing hardship for responsible dog owners – in many cases making it harder for dog owners to provide appropriate exercise for their dogs.
Concerns have been growing through the dog owning public following recent changes to the law, which it is believed have increased the chances of unreasonable restrictions being implemented.
Currently, in England and Wales, there are three main pieces of legislation which may restrict dog access in public spaces. In particular the Public Spaces Protection Orders (PSPOs) (introduced under the Anti‑social Behaviour, Crime and Policing Act 2014 to repeal and replace Dog Control Orders by October 2017). This legislation is now out for consultation and it is time for responsible dog owners to stand up for their rights and more importantly the rights of their dog.
PSPOs were designed to be used to tackle individuals or groups committing any form of anti-social behaviour in public spaces – including dog owners. To implement a PSPO, the local authority must be satisfied on reasonable grounds that the activity has been or is likely to be detrimental to the quality of life of those in the locality, and that the activity is likely to be persistent and unreasonable in nature. The PSPO can either prohibit the activity or make specific requirements`on those who are carrying out the detrimental activity. As such they can be used for a very broad range of activities; e.g tackle the use and sale of ‘legal highs’, street racing, busking, use of remote controlled model vehicles and of course, dog walking. The Act repealed the ability for local authorities to implement new DCOs which means that primary authorities (district/county councils) seeking to introduce new dog control measures must now use PSPOs, with existing DCOs being converted into PSPOs in October 2017. Whereas DCOs were very prescriptive, PSPOs provide local authorities with considerable flexibility on the restrictions they seek to introduce and the process that they are required to follow to do so. Whilst the Government provided clear instructions to local authorities that they must provide
The Act repealed the ability for local authorities to implement new DCOs which means that primary authorities (district/county councils) seeking to introduce new dog control measures must now use PSPOs, with existing DCOs being converted into PSPOs in October 2017. Whereas DCOs were very prescriptive, PSPOs provide local authorities with considerable flexibility on the restrictions they seek to introduce and the process that they are required to follow to do so. Whilst the Government provided clear instructions to local authorities that they must provide
The PSPO can either prohibit the activity or make specific requirements`on those who are carrying out the detrimental activity. As such they can be used for a very broad range of activities; e.g tackle the use and sale of ‘legal highs’, street racing, busking, use of remote controlled model vehicles and of course, dog walking. The Act repealed the ability for local authorities to implement new DCOs which means that primary authorities (district/county councils) seeking to introduce new dog control measures must now use PSPOs, with existing DCOs being converted into PSPOs in October 2017. Whereas DCOs were very prescriptive, PSPOs provide local authorities with considerable flexibility on the restrictions they seek to introduce and the process that they are required to follow to do so. Whilst the Government provided clear instructions to local authorities that they must provide
Whereas DCOs were very prescriptive, PSPOs provide local authorities with considerable flexibility on the restrictions they seek to introduce and the process that they are required to follow to do so. Whilst the Government provided clear instructions to local authorities that they must provide
Whereas DCOs were very prescriptive, PSPOs provide local authorities with considerable flexibility on the restrictions they seek to introduce and the process that they are required to follow to do so. Whilst the Government provided clear instructions to local authorities that they must provide restriction-free sites for dog walkers to exercise their dogs. It is still open to interpretation. We know local authorities and dog walkers do not always have the same idea as to what is suitable.
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NWESSR was contacted by a dog owner who is concerned about proposed restrictions in the Fylde area. Apart from fighting this locally, he set up an online petition calling for the government to ban all existing & proposed PSPOs affecting the quality of life for dogs and their owners.
While the KC recognise at times there is a need for restrictions, they know that many which come into force are not justified, proportionate or appropriate to deal with the underlying problems they seek to address. In some cases, they suspect it may even exacerbate them.
To keep things in perspective. There are approximately 8.5–9.3 million dogs in the UK, with the majority being walked off-lead at least once a day, this equates to over 3 billion dog walks per year. While it is difficult to put figures on levels of anti-social behaviour related to dogs, the KC confidently say the overwhelming majority of dog walks take place without incident. Similarly, data collected by Keep Britain Tidy report that levels of dog fouling have consistently declined over the past 10 years.
While it is difficult to put figures on levels of anti-social behaviour related to dogs, the KC confidently say the overwhelming majority of dog walks take place without incident. Similarly, data collected by Keep Britain Tidy report that levels of dog fouling have consistently declined over the past 10 years.
The Anti-social Behaviour, Crime and Policing Act 2014 allows local authorities greater freedom to introduce dog-related offences, some of which are more ‘creative’ in their nature than others. There are a number of proposals to introduce novel
There are a number of proposals to introduce novel dog-related offences which could not have been introduced under older legislation.
DNA REGISTERS
There has been some high profile media coverage over the potential use of DNA technology to trace those responsible for leaving dog waste behind. Whilst the theory of being able to track those responsible for not picking up may sound appealing to local authorities, the KC is extremely concerned about how necessary and practical this actually is, particularly considering the high costs involved.
MEANS TO PICK UP
A number of local authorities implement a so-called means to pick up’ requirement. Put simply, it provides the ability for local authority enforcement officers to require a dog walker to prove they have a receptacle to pick up after their dog.
While many local authorities are implementing restrictions in a fair and sensible manner, a significant number are not. In most cases, the Kennel Club and local dog walkers have been successful in getting local authorities to amend the most restrictive proposals. However, in all likelihood, it will only be a matter of time before a combination of excessively restrictive proposals and poor consultation practices will result in a PSPO being introduced which will have significant negative impacts on both dog owners and their dogs.
Even in the less extreme cases, PSPOs are causing considerable hardship and distress for local dog owners. The Kennel Club have produced a comprehensive report and believe the recommendations that they have identified would reduce the risk of this, without hindering local authorities from dealing with problems related to irresponsible dog walkers.
To read the full report go to www.kcdog.co.uk
It is important that dog owners stay vigilant in their area for any proposed restrictions. By law, a consultation must take place prior to implementation. Check out local newspapers, council websites and watch for signs going up informing the public of proposals. Spread the word amongst the dog owning community. You
Check out local newspapers, council websites and watch for signs going up informing the public of proposals.
Spread the word amongst the dog owning community. You will, of course, need to contact your council. Don’t worry help is at hand. The Kennel Club is the only organisation which monitors and responds to individual PSPO proposals to restrict dog access across England and Wales. Contact them and they will provide assistance and advice in your dealings with the
Don’t worry help is at hand. The Kennel Club is the only organisation which monitors and responds to individual PSPO proposals to restrict dog access across England and Wales. Contact them and they will provide assistance and advice in your dealings with the Council