Agenda item

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 in Tilgate Park) be set at £100.

Councillor C Mullins seconded the amendment.  The Cabinet voted on the amendment and it was carried.

The Cabinet then voted on the substantive recommendations (as amended) which were carried unanimously.

RESOLVED

1.          That the Cabinet approved 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 in Tilgate Park) 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.