Decision Maker: Environment Policy Development Group, Cabinet
Is Key decision?: Yes
Is subject to call in?: Yes
To consider the outcome of the public consultation and any recommendations.
Arising from a report of the Environment and Enforcement Manager, the Environment Policy Development Group had made the following recommendations:
1) Authority be given to consult with members of the public and other relevant stakeholders to introduce a Public Spaces Protection Order under section 59 of the Anti-Social Behaviour, Crime and Policing Act 2014
2) The fixed penalty for breach of the PSPO be set at the maximum permitted of £100
The Cabinet Member for the Environment and Climate Change outlined the contents of the report informing the meeting that this had been discussed towards the end of the previous year where some perceived inaccuracies had been identified, further work had taken place and the order had now been redrafted and the maps updated. He highlighted the appropriate areas where dogs could be let off leads, those areas excluded and the number of dogs that could be walked by one person; he also confirmed the fixed penalty charge.
In response to the question raised in Public Question Time, he stated that with regard to:
a) Demanding names and addresses - although we have never had this issue as far as I am aware, if this was to occur the officers would contact the police who would attend and request that the individual provides such details. The District Officers caution individuals before requesting this information.
b) Making contemporaneous video recordings - video cameras or recordings would only support the above offence if the individual refusing to give the information could be formally identified by Police or another officer.
Consideration was given to:
· Whether land at Cotteybrook, Tiverton was appropriate for dogs to be left off leads
· The above could be identified as part of the consultation process
· Whether a fixed penalty would be reduced if paid within a set period
· The thorough consideration of the document by the Policy Development Group
RESOLVED that the recommendation of the Policy Development Group be approved.
(Proposed by Cllr C R Slade and seconded by Cllr D J Knowles)
Reason for the Decision: to enable further consultation with a view to widening enforcement powers in order to deliver a cleaner and more sustainable environment across the Mid Devon District.
Report author: Darren Beer
Publication date: 19/05/2021
Date of decision: 13/05/2021
Decided at meeting: 13/05/2021 - Cabinet
Effective from: 22/05/2021