Issue - meetings

Wellbeing Portfolio

To consider report HCS/41 of the Head of Community Services, which was referred to the meeting of the Overview and Scrutiny Commission held on 4 July 2022.

RESOLVED

1.            That the Cabinet approves the level for Fixed Penalty Notices which may be issued for a breach of the PSPO (in the event that Full Council makes the PSPO with regarding Dogs on Leads in Tilgate Park) to be set at £100.

2.            That Full Council be requested to consider all the options set out in the reportHCS/41, together with Option X as set out in reportHCS/41a and whether a further public consultation is required, before make a decision over making a PSPO regarding Dogs on Leads in Tilgate Park.

Reasons for the Recommendations

A PSPO would provide a practical enforcement solution for the rules as stated on the Council’s website regarding dogs at Tilgate Park and seek to deter anti-social behaviour relating to dogs off lead in other areas of the park.

The Cabinet Member for Wellbeing presented reports HCS/41 and HCS41a of the Head of Community Services which reviewed the findings of the consultation and considered the options for implementing a Public Space Protection Order named ‘keep your dog on a lead in Tilgate Park’.

Councillor T Belben presented the Overview and Scrutiny Commission’s comments on the reports to the Cabinet following consideration of the matter at its meeting on 4 July 2022, which included that the Commission held a wide-ranging debate on all the positive and negative issues of the PSPO proposal including which areas should and could be covered by the order. It was also noted that the Commission put forward a recommendation to Cabinet that it considers a further consultation exercise on the proposed ‘Option X’.

Councillor Crow was invited to speak on the item.  Matters raised included that he was in general support of a PSPO for the lake and the grass banks as those were the busiest areas of the park, but queried why the silk lakes had not been included in the proposal. He also commented however that he did not support the PSPO proposal covering the golf course as it would be difficult to enforce, did not seem proportionate, and would affect his ward residents.

Councillors Jhans and S Mullins also spoke as part of the discussion on the report including both in support of having a PSPO, and against the idea of holding of a further consultation due to the cost.  It was highlighted that a PSPO only lasts for 3 years and could be altered during that period.  

Following the conclusion of the debate the Leader of the Council stated that having heard and considered the views expressed by the Cabinet, the details and evidence contained within both reports including the consultation responses, the views of the Overview and Scrutiny Commission including their recommendation of a further public consultation on the options, and the views of the public presented both at Cabinet and at the Commission, he proposed the following amendment to the recommendation:

2.2 a) Requests that Full Council consider all the options set out in the original report, together with Option X (supplementary agenda) and whether a further public consultation is required. 

Councillor Jones confirmed the rationale for the amendment was that the matter was brought to Councillors’ attention through a public petition and has led to a large public consultation response on the initial PSPO proposal, so enabling all Councillors to have all the options is the most democratic approach. Councillor C Mullins seconded the amendment.

The Cabinet voted and carried the amendment. Councillor Jones then moved a further amendment this time in relation to recommendation 2.2 b, as a direct consequence of the previous proposal being carried. The second amendment was:

2.2 b) That Cabinet resolves that the level for Fixed Penalty Notices which may be issued for a breach of the PSPO (in the event that Full Council makes the PSPO regarding dogs on leads  ...  view the full minutes text for item 6

To consider report HCS/41 the Head of Community Services.

The Commission considered report HCS/41 and HCS/41a of the Head of Community Services which was presented by Cabinet Member for Wellbeing, the Community Services Manager and Community Safety Officer.  The report reviewed the findings of the consultation and considered the options for implementing a Public Spaces Protection Order; Keep your dog on a lead in Tilgate Park.

Councillor Jaggard spoke on the item and matters raised included that consultation had not taken place on the proposed 'Option X’, concern regarding the golf course perimeter and access, particularly from Maidenbower and how residents would be affected. It was also queried why the silt lakes had not been included in the proposal. Councillor Jones also spoke recognising it was an emotive subject, and the consultation responses had been acknowledged and it was important to consider all park users.

During the discussion with the Cabinet Member for Wellbeing, the Community Services Manager and Community Safety Officer, Commission members made the following comments:

·         It was noted that the proposal and potential change was for a Public Space Protection Order (PSPO) to be considered to prohibit dog related anti-social behaviour within specific areas of Tilgate Park: the main lake, Peace Garden, lawn area and golf course. It was acknowledged that the topic was sensitive and divisive.  Yet it was important to find a balanced, fair, and reasonable approach to this emotive subject.

·         There was recognition that the many dog owners who visit Tilgate Park were responsible; keeping 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.

·         Support was offered for the Hound Ground, together with the training facility/circuit area to be provided which would offer areas for dogs ‘off lead’.  However queries were raised regarding costs and operation.  It was also noted that dogs needed to remain healthy and be exercised.

·         Queries were raised with regards to the perimeter footpaths and clarification was provided with reference to the PSPO areas.  In addition, any preservation of woodland and paths would be undertaken as necessary.  Comments were raised concerning the woodland area from both Furnace Green and Maidenbower immediately into the PSPO area.

·         Acknowledgement that at the expiration of the 3 years, the process would be reviewed to determine whether the threshold to sustain if a PSPO was still being met and repeated if deemed necessary.  It was confirmed that reviews could take place within the 3-year period if amendments to the PSPO were required. 

·         Views were expressed that the item should be unwhipped at Full Council, however this was not felt to be a discussion point to comment upon further at the Commission’s meeting.

·         Confirmation was provided on the consultees and responses received.  There was an 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  ...  view the full minutes text for item 4