The Public Spaces Protection Order (‘PSPO’) – (Bradgate Park and Swithland Wood) Control of Dogs

Notice is hereby given that Charnwood Borough Council proposes for the purposes of reducing anti-social behaviour in relation to dog control to extend the existing PSPO under Section 60(2) of the Anti-Social Behaviour, Crime and Policing Act 2014 and of all other enabling powers.

The Council would like to seek your views to extend the existing 2018 order for up to three years. 

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* 1. Please indicate if you are in agreement with extending the current PSPO for up to 3 years.

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* 2. If you have any further comments, please detail them below:

The Draft PSPO can be seen below:

The Anti-Social Behaviour, Crime and Policing Act 2014: The Public Spaces Protection Order (‘PSPO’) – (Bradgate Park and Swithland Wood) Control of Dogs – Variation 2018

Charnwood Borough Council in exercise of its power under section 61 of the Anti-Social Behaviour, Crime and Policing Act 2014 (“the Act”) and of all other enabling powers being satisfied that that the conditions set out in section 61 of the Act have been met hereby extends the Order dated 1st November 2018 and the following shall be the extended Order in place from (Date TBC).

Part i: Dog Fouling

If a dog defecates at any time on land to which this Order applies across the entire Estate a person who is in charge of the dog at the time must remove the faeces from the land forthwith, that person shall be guilty of an offence unless:
(a) he has reasonable excuse for failing to do so: or
(b) the owner, occupier or other person or authority having control of the land has consented (generally or specifically) to his failing to do so.

Part ii: Leads by Order

A person in charge of a dog on land to which this Order applies must comply with a direction given to him by an authorised  member of  Trust staff to put and keep a dog on a lead across the entire Estate shall be guilty of an offence unless:
(a) he has reasonable excuse for failing to do so: or
(b) the owner, occupier or other person or authority having control of the land has consented (generally or specifically) to his failing to do so.
 
NB:  An authorised Trust staff member shall only give a direction under this order if such restraint is reasonably necessary to prevent a nuisance or disturbance to any other person, or to a bird or another animal.

Part iii: Leads required

A person in charge of a dog on land shown in yellow with a grey hatched path on the Plan shall be guilty of an offence if, at any time he does not keep the dog on a lead between the hours of 9am and 10pm unless:
(a) he has reasonable excuse for failing to do so: or
(b) the owner, occupier or other person or authority having control of the land has consented (generally or specifically) to his failing to do so.

Part iv: Exclusion

A person in charge of a dog shall be guilty of an offence if, at any time, he takes the dog onto, or permits the dog to enter or remain on the Protected Deer Sanctuary areas and Wildlife Protection Zones shown as deer sanctuary on the Plan unless:
(a) he has reasonable excuse for failing to do so:  or
(b) the owner, occupier or other person or authority having control of the land has consented (generally or specifically) to his failing to do so.
 
1. Exemptions

Parts i, ii and iii in this Order shall not apply to a person (s) who –
(a) Is registered as a blind person in a register compiled under section 29 of the National Assistance Act 1948; or
(b) Is deaf, in respect of a dog trained by Hearing Dogs for Deaf People (registered charity number 293358) and upon which he relies for assistance; or
(c) Is a member of assistance dogs UK: www.assistancedogs.org.uk/uk/members
(d) Has a disability which affects his mobility, manual dexterity, physical coordination or ability to lift, carry or otherwise move everyday objects, in respect of a dog trained by a prescribed charity and upon which he relies for assistance.
For the purpose of this Order –

  • A person who habitually has a dog in his possession shall be taken to be in charge of the dog at any time unless at that time some other person is in charge of the dog;
  • Placing the faeces in a receptacle on the land which is provided for the purpose, or the disposal of waste, shall be sufficient removal from the land;
  • Being unaware of the defecation (whether by reason of not being in the vicinity or otherwise), or not having a device or other suitable means of removing the faeces shall not be a reasonable excuse for failing to remove the faeces.
  • “an authorised officer of the Authority” means an employee, partnership agency or contractor of Charnwood Borough Council who is authorised in writing by Charnwood Borough Council for the purposes of giving directions under the Order.
  • Each of the following is a “prescribed charity” – Dogs for the Disabled (registered charity number 700454), Support Dogs Limited (registered charity 1088281), Canine Partners for Independence (registered charity number 803680)
2. Penalty

A person who is guilty of an offence under this Order shall be liable on summary conviction to a fine not exceeding level 3 on the standard scale.

A person may be offered a fixed penalty notice of £100 by way of discharging liability for the offence.  If the fixed penalty notice is paid within 10 days the discounted rate of £50 applies, if paid within 14 days the full amount of £100 is required.

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At the closure of the formal consultation period, the Council will review all comments/objections and will make a decision on whether to extend the order or an alternative in part or in full.

The PSPO will continue to address anti-social behaviour issues relating to dog control across the estate of Bradgate Park and Swithland Wood. The majority of dog owners are responsible and display effective dog control but there are some occasions where additional controls are necessary for clarity to ensure all people in controls of dogs are acting responsibly.

This Order applies to the public places outlined on the plan (shown below) (“the restricted area”).

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