Wellbeing Portfolio

To consider report HCS/34 of the Head of Community Services, which was referred to the meeting of the Overview and Scrutiny Commission on 10 January 2022.

RESOLVED

That the Cabinet

a)      agrees in principle to the implementation of a Public Space Protection Order (PSPO) to prohibit dog related anti-social behaviour in Tilgate Park for a period of 3 years. This will require dogs to be kept on leads in all areas of the park unless explicitly specified otherwise. Dogs will not be permitted at all in the children’s play area or Walled Garden.

b)      reinstate a proactive and high profile education and information programme, as set out in section 3.5, encouraging owners to keep their dogs on leads in Tilgate Park.

c)      approves delivery of associated enforcement action from within existing revenue resource (Community Wardens service).

d)      authorises the Head of Community Services, in consultation with the Head of Legal, Governance & HR, to commence a formal PSPO process, including the statutory public consultation, and to present the findings to Cabinet for a decision.

e)      supports the proposals from the Commission that:

              i.       a master plan of the restricted areas (map) outlining the exact geographical area affected by the PSPO be included in the PSPO report scheduled for Cabinet June 2022.

           ii.        officers be instructed to investigate the opportunity to create a register of professional dog walkers in order to monitor the use. 

          iii.        a specific webpage (portal) or link (similar to the council’s ‘report a problem’ page) be created to improve information sharing and the reporting of dog off leads instances, which would assist with the gathering of data and evidence.

The Leader of the Council supported by the Cabinet Member for Wellbeing presented report HCS/34 of the Head of Community Services.  At its meeting of 8 September 2021, Cabinet had requested that Officers bring a further report back for its consideration, which provided more detail with regards to the potential implementation of Option 3 referred to within the report HCS/30 Petition “Keep your dog on a lead in Tilgate Park”. In order for Cabinet to make an informed decision, it had been requested that the further report provide information on Option 3, the possible changes to service delivery and personnel, expected financial implications and any legal aspects. This should include details on the use of bye-laws and the installation of a Public Space Protection Order (PSPO) together with the associated statutory consultation requirements. 

Members were reminded that the Council did have policies in place, especially round the main Tilgate Lake to try and discourage dog owners from having their dogs off the leads. However, there had been reports of wildfowl being killed and people either being chased or attacked by dogs which were not on a lead, which had lead to the submission of the original petition.

In evaluating the report and the concept of installing at PSPO at Tilgate Park, it was emphasised that one of the key elements in adopting any PSPO was the requirement for a public consultation, the feedback of which would help to inform any decision. It was reiterated that the final decision on any potential adoption of a PSPO would be a decision by the Full Council, and as such, all Councillors would be involved in the decision which was due to be taken at the July 2022 meeting of the Full Council.

Councillor T Belben presented the Overview and Scrutiny Commission’s comments on the report to the Cabinet following consideration of the matter at its meeting on 10 January 2022.  The comments included three recommendations that the Commission felt would enhance and support the concerns raised in the petition and the proposed PSPO. The Commission’s recommendations to Cabinet were:

1.    That a master plan of the restricted areas (map) outlining the exact geographical area affected by the PSPO be included in the PSPO report scheduled for Cabinet June 2022.

2.    Requests that Cabinet investigate the opportunity to create a register of professional dog walkers in order to monitor the use. 

3.    Requests that Cabinet consider the implementation of a specific webpage (portal) or link (similar to the Council’s ‘report a problem’ page) to improve information sharing and the reporting of dog off leads instances, which would assist with the gathering of data and evidence.

It was also noted that the majority of Commission members supported the implementation of a PSPO.

Councillor Irvine also spoke as part of the discussion on the report. 

RESOLVED

That the Cabinet

a)      agrees in principle to the implementation of a Public Space Protection Order (PSPO) to prohibit dog related anti-social behaviour in Tilgate Park for a period  ...  view the full minutes text for item 5

To consider report HCS/34 of the Head of Community Services.

The Commission considered report HCS/34 of the Head of Community Services. In its meeting of 8 September 2021, Cabinet requested that Officers bring a further report back for its consideration, which would provide more detail with regards to the potential implementation of Option 3 referred to within the report HCS/30. In order for Cabinet to make an informed decision, the requested report should provide information on Option 3, the possible changes to service delivery and personnel, expected financial implications and any legal aspects. Report HCS/34 included details on the use of bye-laws and the installation of a PSPO together with the associated statutory consultation requirements.

During the discussion with the Cabinet Member for Wellbeing and the Head of Community Services, Councillors made the following comments:

·       It was noted that the proposal and potential change for a Public Space Protection Order (PSPO) to be considered to prohibit dog related anti-social behaviour in Tilgate Park for a period of 3 years to require dogs to be kept on leads in all areas of the park unless explicitly specified otherwise, was emotive and divisive. 

·       It would be important to have a strong, positive, education and information approach in place prior to the decision and beyond, together with offering alternative options where dogs are permitted to be “off lead”, such as the Hound Ground.  It would be important that any alternative considerations were viable in terms of cost.

·       Acknowledgement there was a need to balance the education and information sharing with a robust and measured approach. However concerns were also recognised that there would be challenges if the PSPO was implemented and it was also mentioned that the introduction may change public behaviour and dog walkers to other parks in the town.

·       Recognition that the many dog owners who visit Tilgate Park were responsible; they keep their dog under control and exercise it in a manner that does not cause distress to other park users.  It was important not to alienate responsible dog owners but to manage anti-social behaviour.

·       Acknowledgement that there was likely to be under-reporting of incidents and the true scale of the issue was not necessarily reflected in formal complaints and reports and that whilst the majority of formally reported and anecdotal incidents were largely focused around the lake and lawn areas, there was evidence of the issue affecting other areas of the park, particularly where wildlife was concerned.

·       Acknowledgement that PSPOs must be evidenced based, and decision makers should be satisfied that the required conditions were met including the information received from the statutory consultation. Confirmation was provided that the consultation would be online, with alternative options available upon request.

·       Confirmation provided regarding the evidence gathering and issuing of the fixed penalty notices. It was noted that only authorised officers can issue a Fixed Penalty Notice (FPN) immediately upon witnessing a breach of the PSPO.

·       Concern was expressed regarding the finances available for the implementation of the PSPO together with the use of existing resources in light of the  ...  view the full minutes text for item 5