DOG FOULING PENALTY NOTICES

Question

PCs have powers to authorise officials  to issue Penalty Notices for Dog Fouling  and I believe keep the money .     Do this extend to any where or is it only in PSPO areas?

Answer 1

The Clean Neighborhood and Environment Act 2005 says in designated areas which I interpret as PSPO areas.

Answer 2

Government guidance for councils on PSPOs:

https://www.local.gov.uk/sites/default/files/documents/10.21%20PSPO%20guidance_06_1.pdf

Answer 3

I would suggest that the term 'Local Authority' in the sense of the Anti-Social Behaviour, Crime and Policing Act 2014 refers not to Parish and Town Council but Borough and District level councils.

Correct me if I am wrong but our Borough Council has the powers of enforcement, not parish councils.  We can create a byelaw for land that we control but it is a civil matter, not a criminal one.

Edit - I believe I am right in my assumption as the link provided by Samuel states "This covers district councils, London Boroughs, county councils in an area where there is no district council in England (along with City of London and the Council of the Isles of Scilly) and county councils or a county borough councils in Wales"

Comments

I think previously that PCs had powers to issue "Dog Control Orders" but these were then superseded by PSPOs which seems to be administered by the District Council.  It does seems that some Authorised officials can be appointed to carry out enforcement. Time for some expert advice I think

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Our PC have debated employing 'Wardens' to patrol the village, particularly since the Police reorganised the local policing arrangements.
We have kicked this around several times over the years, but it has been turned down by cllrs on cost benefit grounds.  Wardens can be granted certain limited powers by the police iirc. I know some councils have gone down this route and seemed to be happy to pay for the service.

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Our PC got the Borough to issue the Order but a trained PC staff member enforces it however the Borough administer and keep the fines

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http://www.holbrookderbyshire.co.uk/gallery/parishcouncilguide.pdf?fbclid=IwAR3WMRXRI8y4ifIpbbMEuc48yOdMAhDQeP7Am1XurgyhzSpSBBEFDC1G31Q

While the above referred to a time when Dog Control orders existed it includes
“Regardless of who made the order, if the parish council authorised officer issues a fixed penalty notice for an offence against a dog control order – be it a parish council or a district one – the parish council keeps the receipts from the fixed penalty notice or any costs awarded, should the case end with a successful prosecution in the magistrates’ court”
I don’t know if its changed for PSPOs.  My original enquiry came about because recently we went through a “dog gate” debate when our DC wanted to extend a PSPO to a new park and the locals objected as it referred to keeping dogs on leads.  While that issue has been sorted part of my enquiries revealed that as regards “Dog Fouling” many District Councils have area wide PSPOs which apply to all open air places. Perhaps readers might wish to check their areas as our PC was certainly unaware

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PSPO's only last 3 years and must be renewed (ASB Crime & Policing Act 2014 S60). Public consultation is a part of the renewal process, so no PC should be unanware. If a district council has renewed without consulting its constituent parishes, it deserves a stern ticking-off!

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I am not sure what value there is on consulting on area wide PSPO . I will try and find out what a review consists of. Hands up Councillors on here how many of you know if your :LA has an area wide dog fouling PSPO ?