Decision details

The Cabinet member will be asked to decide whether to proceed with a public consultation on the proposal to introduce 5 Dog Control Orders under Section 55(1) of The Clean Neighbourhoods and Environment Act 2005

The Cabinet Member agrees:

Ø  To authorise the start of the consultation process required by the Dog Control Orders (Procedures) Regulations 2006, so that the proposed dog control orders specified in the report may be considered by the authority

Ø  To authorise the publication of notices for the proposed dog control orders identifying the land and summarising the proposed orders

Ø  That a charge of £75 is set for fixed penalty notices served under the new orders which are in line with existing fixed penalty notice charges for littering offences

Ø  To note that following the public consultation, any representations made will be considered by the Cabinet Member and any decisions will be ratified in a further single member decision

In the event that the proposed orders are not made the absence of legislation means that the current dog fouling fixed penalty charge will remain frozen at £50 and the authority is prevented from increasing this. However, should the proposed orders be made and come in to force they will increase the amount of fixed penalty to £75, are capable of amendment and will introduce a series of measures to promote responsible dog ownership underpinned by effective enforcement measures which may include prosecution in the event a fixed penalty notice goes unpaid.

By not seeking to make dog control orders the opportunity to take enforcement action for offences will remain limited to the failure to remove dog faeces and the public may perceive this as the Council not taking robust action against their wider concerns regarding the control of dogs in public places and not ensuring a safe, clean environment.