Agenda item

A report of the Head of Regulatory Services seeking approval of the Notice of Intention and, upon expiry of the 28-day notice period, approval of the Public Spaces Protection Order (Charnwood Borough Council) Control of Dogs 2020 under the provisions of the Anti-Social Behaviour Crime and Policing Act 2014.

Key Decision

Considered a report of the Head of Regulatory Services seeking approval of the Notice of Intention and, upon expiry of the 28-day notice period, approval of the Public Spaces Protection Order (Charnwood Borough Council) Control of Dogs 2020 under the provisions of the Anti-Social Behaviour Crime and Policing Act 2014 (item 6 on the agenda filed with these minutes).

Councillor Hunt, Chair of the Scrutiny Commission, presented a report detailing the Commission’s pre-decision scrutiny of the matter and recommendation (copy filed with these minutes).

The Head of Regulatory Services assisted with consideration of the report.  He wished to make minor amendments to Appendix A of his report as follows:

First paragraph to be amended to read:

Notice is hereby given that Charnwood Borough Council (‘the Council’) proposes for the purposes of reducing antisocial behaviour in relation to dog control to extend and vary a Public Spaces Protection Order under Section 60 and 61 of the Anti-Social Behaviour, Crime and Policing Act 2014 and of all other enabling powers.

Second paragraph to be amended to read:

The Council would like to seek your views on the proposed Notice of Intention to extend and vary an order. This Notice outlines the details of the proposed variations to the Order in red ink on page 2.  Any comments and/or objections should be sent in writing or by email to the correspondence address below.  

The Head of Regulatory Services also reported verbally the comments in respect of this matter made by the Loughborough Area Committee at its meeting on 19th June 2019.  Overall, the Committee had supported the proposals.

RESOLVED

1.      that the Notice of Intention, attached at Appendix A to the report of the Head of Regulatory Services and as amended above, be approved and issued;

2.      that, if there are no objections, the draft Public Spaces Protection Order (PSPO), attached at Appendix B to the report of the Head of Regulatory Services, be approved as drafted after the expiry of the 28 days’ notice period;

3.      that the Head of Regulatory Services, in consultation with the Cabinet Lead Member for Regulatory Services, Enforcement and Licensing, be given delegated authority to amend and make the Order if there are only minor alterations required;

4.      that the Head of Regulatory Services, in consultation with the Cabinet Lead Member for Regulatory Services, Enforcement and Licensing, be given delegated authority to make revisions and amendments to the Order in response to future requests for additional dog controls (for requests which cover no more than one ward);

5.      that the Head of Regulatory Services, in consultation with the Cabinet Lead Member for Regulatory Services, Enforcement and Licensing, be given delegated authority to extend the Order if there are no major changes required to the Order at the renewal time (January 2023);

6.      that the Head of Regulatory Services, in consultation with the Cabinet Lead Member for Regulatory Services, Enforcement and Licensing, be given delegated authority to authorise staff at Parish/Town Councils or other organisations, as deemed appropriate, to issue fixed penalty notices for dog control offences;

7.      that the report of the Scrutiny Commission be noted.

Reasons 

1.         To inform the public about the content of the proposed PSPO and give a formal opportunity for them to raise objections and comments.

2.&3.   To vary the PSPO under the provisions of the Anti-Social Behaviour Crime and Policing Act 2014, to address anti-social behaviour issues relating to dog control and to ensure the law-abiding majority can use and enjoy public spaces.

4.         To enable relevant revisions to the PSPO subject to evidence of dog control issues in an area (revisions impacting on more than one Ward will require Cabinet approval).

5.         To enable renewal of the PSPO if there are no major changes required.

6.         To assist Town/Parish Councils and other suitable organisations in the ability to offer an enhanced enforcement service in addition to the provision from the Council.

7.         To acknowledge the work undertaken by and the views of the Scrutiny Commission.