Proposed Public Space Protection Order (PSPO) for Dog Control
St Helens Council has two existing Dog Control Orders (DCO’s) which make it an offence to fail to remove dog faeces from land forthwith, or fail to place a dog on a lead when instructed to do so by an authorised officer of the Council (Dog Warden), with offences punishable by the issue of Fixed Penalty Notices of £80 or prosecution in Magistrates Court. These provisions provide authorised officers with the main means to deal with issues of fouling and out of control dogs in the Borough. The Council consider these provisions to be essential for public protection.
However, the introduction of the Anti-Social Behaviour, Crime and Policing Act 2014 means that existing Dog Control Orders must be re-issued as Public Space Protection Orders in order for these provisions to remain. Without the issue of this proposed Public Space Protection Order the current Dog Control Orders will cease to exist, which means that less serious offences of dog fouling and dog control will no longer be able to be dealt with by the issue of Fixed Penalty Notices, currently set at £80.
St Helens Council therefore proposes to issue one Public Space Protection Order which will combine the existing provisions contained in the Dog Control Orders into one Public Space Protection Order.
It is also proposed to increase the amount of the available Fixed Penalty Notice from the current £80 to £100, recognising the significant community impact associated with both of these issues. The Public Space Protection Order would, once issued, be subject to review every 3 years.
Aside from this moderate increase in fixed penalty amount, the provisions will remain otherwise unchanged in scope and application. Copies of the existing View the existing Dog Control Orders.
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- A Public Space Protection Order, or PSPO, can be made by a Council or the Police and is meant to help stop certain anti-social or criminal behaviour in an area.
- On this occasion it is the Council that proposes to introduce a PSPO to deal with problems of Dog Control
- Before making a Public Space Protection Order the Council must be certain that it is needed to tackle a legitimate problem which is affecting people in the community
- Also by law, The Council must consult with the community to seek their views and comments so that these can be considered- this is called a consultation
- Once made a PSPO must be reviewed by the Council every years
- This PSPO is all about dog control- to help keep the public safe from uncontrolled dogs and keep our public spaces free of dog fouling
- Yes it does- the Council currently has two Dog Control Orders. These Orders make it an offence to not pick up your dogs poo straight away or fail to put it on a lead when instructed to do so (but only if your dog is causing a nuisance or putting people or other animals in fear)
- Powers are restricted to authorised officers- i.e. Dog Wardens and Environmental Wardens
- Fixed penalties are routinely issued to people who commit these offences- but repeat offenders or people who don’t pay are prosecuted
- BUT changes in the law mean that these controls will cease to exist in October 2017 unless they are converted into PSPO’s- if we don’t introduce the PSPO it will be very difficult to deal with these problems
- Nothing except the level of the Fixed Penalty fine that would be issued- this is proposed to increase from £80 to £100 under the new PSPO to provide more of a deterrent
- We want to know your views by 3rd October 2017. Simply fill in the questionnaire or if you prefer to write please send your letters to:
Mike Petersen - Principal Environmental Health Officer
St Helens Council