Agenda item

Public Space Protection Orders (PSPOs) Review & Consultation: Dog Restrictions on Beaches, Promenades and Wider District

Summary:

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Options considered:

On the 8February 2016,Cabinet resolved that reviewsofexistingandrequestsfornewPublicSpace Protection Orders (PSPOs) will be considered by Cabinetafter appropriateconsultation has been completed.

In April 2017 following a wide consultation, Cabinet approved officer recommendations to authorise a number of PSPOs, including 8 orders regarding beaches and proms and a single order to prohibit dog fouling on public land across the North Norfolk District Council area.

These specific orders officially became live on May 1st 2018 and are due to expire on the 1st May 2021. In view of the importance of these orders the Council is recommending a continuation of the orders for a further 3 years.

 

 

  • Cabinetto approve officer recommendationswith no changes or amendments.

 

  • Cabinetto amendofficer recommendationsbased on consultation comments.

 

Conclusions:

 

All the PSPOs identified in this report are due to expire on the 1st of May 2021. These orders are of fundamental importance to allow the continuation of dog enforcement activities along our beaches and proms, together with preventing and enforcing dog fouling on all public land in the District. Without these orders in place the Council has no authority to legally enforce.  

 

Recommendations:

 

 

 

Reasons for

Recommendations:

 

That Cabinet approve the renewal of all those PSPO’s within this report.

 

 

  • Without these orders in place the Council has no authority to legally enforce in these areas. All the areas specified in this report are fundamental to the protection and enjoyment of the districts public spaces, specifically the beach and promenade areas. 
  • The PSPOs are instrumental in maintaining the recognised quality of the district’s bathing areas, this includes supporting the Blue Flag designations. The criteria for awarding a Blue Flag states that “Dogs must be excluded from the award area of the beach during bathing season”.
  • Although we have a legal duty under the regulations to consult, our decision to continue with the order does not represent a change, and thus the consultation responses identified in the 2017 Cabinet report still have relevance. On these grounds and in view of their importance, it would be prudent to approve the continuation of the orders.

 

LIST OF BACKGROUND PAPERS AS REQUIRED BY LAW

(Papers relied on to write the report, which do not contain exempt information and which are not published elsewhere)

 

Anti-social Behaviour, Crime and Policing Act 2014 – Part 4, Chapter 2, sections 59- 75

 

Anti-social Behaviour, Crime and Policing Act 2014: Reform of anti-social behaviour powers: Statutory guidance for frontline professionals – Home Office July 2014

 

Dealing with irresponsible dog ownership: Practitioner’s manual – DEFRA October 2014

 

Antisocial Behaviour Crime and Policing Act - Powers and Duties – NNDC Cabinet report January 2015

 

Public Space Protection Orders – NNDC Cabinet report February 2016

 

Public Space Protection Orders - NNDC Cabinet Report April 2017

 

 

 

Cabinet Member(s)

Nigel Lloyd

 

Ward(s) affected

All Wards

Contact Officer, telephone number and email:

 

Emily Capps, Assistant Director of Environmental and Leisure Services

emily.capps@north-norfolk.gov.uk

01263 516274

 

James Ashby, Scientific Team Leader

James.ashby@north-norfolk.gov.uk

01263516372

 

 

Decision:

DECISION

RESOLVED:

 

That Cabinet approve the renewal of all those PSPO’s within the report.

 

Reasons for the decision:

 

  • Without these orders in place the Council has no authority to legally enforce in these areas. All the areas specified in this report are fundamental to the protection and enjoyment of the districts public spaces, specifically the beach and promenade areas. 
  • The PSPOs are instrumental in maintaining the recognised quality of the district’s bathing areas, this includes supporting the Blue Flag designations. The criteria for awarding a Blue Flag states that “Dogs must be excluded from the award area of the beach during bathing season”.
  • Although we have a legal duty under the regulations to consult, our decision to continue with the order does not represent a change, and thus the consultation responses identified in the 2017 Cabinet report still have relevance. On these grounds and in view of their importance, it would be prudent to approve the continuation of the orders.

 

 

Minutes:

Cllr N Lloyd, Portfolio Holder for Environmental Services, introduced this item. He explained that in April 2017 cabinet approval was granted regarding the creation of a number of PSPOs across the district, following a wide consultation process. Included in these proposals were 8 orders regarding the prohibition of dogs off leads and bans on beaches in all of the District’s main beach and promenade areas. In addition, a single order was granted to prohibit dog fouling on all public land in North Norfolk.

 

The 9 orders (identified in section 1.3 of the report) became live on May 1st 2018 and were due to expire on the 1st May 2021. In accordance with section 60 of the Anti-social Behaviour, Crime and Policing Act 2014 the Council could continue and renew orders for a further 3 years if sufficient justification exists to do so. Included in this was a requirement to consult on the Councils intentions. Cllr Lloyd explained that the consultation would occur between 29th March 2021 and 18th of April 2021. The consultation was open to all the public, local Town and Parish Councils, NNDC members, Local MPs, and relevant County Councillors. He concluded by saying that there were no proposals to change the existing orders as it was felt that they worked well in enforcing and controlling dog activity.

 

Cllr Hayman, in seconding the recommendations, said that they were very timely as the District opened up again following lockdown. He said that it was important that dog owners respected and recognised these orders as the Council wanted to show that the District was clean and safe.

 

The Chairman said that the banning of dogs on beaches was crucial to the maintaining of the Blue Flag status on several beaches.

  

It was proposed by Cllr N Lloyd, seconded by Cllr G Hayman and

 

RESOLVED:

 

That Cabinet approve the renewal of all those PSPO’s within the report.

 

Reasons for the decision:

 

  • Without these orders in place the Council has no authority to legally enforce in these areas. All the areas specified in this report are fundamental to the protection and enjoyment of the districts public spaces, specifically the beach and promenade areas. 
  • The PSPOs are instrumental in maintaining the recognised quality of the district’s bathing areas, this includes supporting the Blue Flag designations. The criteria for awarding a Blue Flag states that “Dogs must be excluded from the award area of the beach during bathing season”.
  • Although we have a legal duty under the regulations to consult, our decision to continue with the order does not represent a change, and thus the consultation responses identified in the 2017 Cabinet report still have relevance. On these grounds and in view of their importance, it would be prudent to approve the continuation of the orders.

 

 

Supporting documents: