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Public Space Protection Orders (PSPOs) for Dogs - Proposed Amendments and Extension

Introduction

Notice is hereby given that both Adur District Council and Worthing Borough Council, in exercising their powers under the Anti-social Behaviour Crime and Policing Act 2014 Sections 59-79, propose to amend and extend the existing Public Space Protection Orders for Dogs (PSPOs). As part of the proposed changes we are seeking your views.

Under the terms of the Anti Social Behaviour, Crime and Policing Act 2014, the maximum term of PSPOs is 3 years. The current orders will expire on 18th December 2019.

We are proposing that both:

(a) Adur District Council PSPO No.1 Dogs; and

(b) Worthing Borough Council PSPO No.4 Dogs

are amended and extended in revised forms for a further three years, until 18th December 2022.

In summary both Councils' PSPOs currently cover:

Fouling of Land by Dogs

  • Requires dog owners to remove dog faeces and this applies to any land which is open to the air and to which the public have access

Dogs on Leads by Direction

  • Requires dog owners to put their dogs on a lead when directed to do so by an authorised officer. This applies to any public land where a dog is considered to be out of control or causing alarm and distress

Dogs on Lead

  • Requires dogs to be kept on leads:
    • within cemeteries and allotments
    • specific seafront promenades and seafront gardens
    • specific memorial sites and nature reserves

Dogs Exclusion

  • Excludes dogs from:
    • enclosed children's play areas
    • specific beaches at certain times of year
    • specific sporting or recreational facilities

Dogs (Specified Maximum)

  • Specifies a maximum number of dogs (6) that can be taken onto land by one person
  • This applies to any land which is open to the air to which the public have access

If any of the conditions are breached a Fixed Penalty Notice of £50 can currently be issued. Failure to pay can lead to prosecution and on summary conviction to a fine not exceeding Level 3 (currently £1,000) on the standard scale can be imposed.

For more information on existing PSPOs please visit our Public Space Protection Orders (PSPOs) - dog control and legislation page.

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What are the proposed changes?

  • Worthing Beach - an extension to the seasonal exclusion zone, currently Warwick Road to Heene Road. The proposed extended zone would be Warwick Road to Marine Gardens, Worthing (edged in green on the map below);
  • Increase the fixed penalty notice fine from £50 to £100;
  • Reduce the maximum number of dogs, under the control of a person that can be taken onto land covered by the PSPOs, from 6 dogs to 4 dogs.

Map showing the extension to the Worthing Beach area from Heene Road to Marine Gardens:

Click on the map below for a larger version - use your web browser's 'back button' to return to this page.

Dog Control PSPO map

Key:

  • Existing PSPO boundary edged in blue
    (Heene Road to Warwick Road)
  • Revised PSPO boundary edged in green
    (Marine Gardens to Warwick Road)

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Why have Adur & Worthing Councils proposed these Changes?

Worthing Borough Council is currently working in partnership with Southern Water on their Bathing Water Enhancement Program. Southern Water have requested that the current exclusion zone on Worthing Beach (Warwick Road to Heene Road) be extended westerly to Marine Gardens. This is to assist with improving the bathing water quality by excluding dogs and any potential fouling on the beach area during the bathing water season of 1st May until 30th September each year.

The fine for a fixed penalty notice is currently £50, however the legislation allows for fines up to £100. In comparison, neighbouring authorities such as Arun District Council, Horsham District Council and Brighton & Hove City Council's fines range between £75 and £100. Additionally it is felt increasing the fine will act as more of a deterrent to others and therefore encourage behavioural change.

The current PSPOs specify a maximum number of 6 dogs that can be taken onto land by one person. This applies to any land which is open to the air to which the public have access. It is proposed that this is reduced to a maximum number of 4 dogs as is recommended in the Professional Dog Walkers' Guidelines. This reduction is aimed at balancing our communities right to enjoy our public spaces, protect our wildlife and environment, whilst also supporting those engaged in dog walking within our business community.

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How can I comment?

We are keen to hear from the local community on whether you are in support of or are opposed to the changes. This will help the Councils decide whether or not to implement these changes.

If you wish to make comments on the proposals you can:

or you can email your comments in:

or write to:

  • Public Health & Regulation, Adur & Worthing Councils, Portland House, 44 Richmond Road, Worthing, BN11 1HS

Closing date for comments:

  • Representations should be made by 5pm on Friday 6th September 2019
  • Representations received after date this will not be considered

Where can I see hard copies of these proposals?

Hard copies of the relevant documents may be inspected throughout the consultation period at:

Worthing Borough Council,
Portland House,
44 Richmond Road,
Worthing,
West Sussex,
BN11 1HS

Adur District Council,
The Shoreham Centre,
2 Pond Road,
Shoreham-by-Sea,
West Sussex,
BN43 5WU

Lancing Parish Hall,
96 South Street,
Lancing,
West Sussex,
BN15 8AJ

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Frequently Asked Questions - FAQs


FAQ 1. What is a Public Space Protection Order?

A Public Space Protection Order, also known as a PSPO, is a new power available under the Anti-Social Behaviour, Crime and Policing Act 2014.

An order can be used to control certain activities in a specified area if two conditions are met:

  • That the activities have had or are likely to have, a detrimental effect on those in the locality
  • That the effect is, or is likely to be, persistent and continuing nature and is or is likely to be such as to make those activities unreasonable and that restrictions are justified

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FAQ 2. What happens if an order is breached?

If any of the conditions are breached a Fixed Penalty Notice (FPN) of £50.00 can be issued and failure to pay may lead to prosecution and being liable to a fine not exceeding Level 3 (currently £1,000).

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FAQ 3. What does the requirement to “remove dog faeces from any land to which is open to the air and to which the public have access” mean?

The requirement to clean up after your dog “from any land to which is open to the air and to which the public have access to” is a legal definition.

It means outdoors on Parks Open Spaces, the footpath, highway, bridleways or any other area which someone else could reasonably be expected to access.

This excludes your front or back garden but includes outdoor communal areas in a flat complex.

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FAQ 4. Why Exclude Dogs from certain areas or sites?

The exclusion of dogs from certain sites, such as children's play areas, is important in ensuring the health and safety of children in what we consider to be a safe and welcoming environment in which children play.

The main beach areas in Worthing during the summer months promote a welcoming and safe environment for all users of the beach, specific sports as do recreational areas such as bowling greens, putting greens, tennis courts and Leisure Centre outdoor areas where sports are played.

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FAQ 5. Why might I have to put my dog on a lead if a Council official tells me to?

Requiring dogs to be kept on leads in designated areas to be determined, likely reduces the risk of dog fouling occurring, and ensures dog walkers keep their animals under control.

The vast majority of parks and open spaces are free of restrictions and only if an Authorised Officer considers a dog or dogs to be out of control or causing alarm or stress will the owner of a dog be instructed to put and keep a dog on a lead.

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FAQ 6. What happens after the consultation period?

Adur & Worthing Councils will analyse the responses to the consultation exercise.

If there is support for the proposed orders, the Councils will probably choose to proceed with making the orders and they will come into effect.

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FAQ 7. How do I comment on the proposals?

There are three basic options available for you to participate:

  • Complete the online consultation
  • Email your comments to the Councils
  • Write to the Council

Full details on how to have your say are available above.

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