Jul 31, 201713 min read

NEW dog laws are now in force that will effect all dog owners in Sefton

Thousands of people signed the petition to the proposals by Sefton Council about the Public Space Protection Order (PSPO). New laws have now been put in place as from July 14th 2017.

New ‘dog control’ laws mean that dogs will now have to be kept on leads in picnic and family areas, but they will be able to enter open playgrounds.

The new laws were was decided during a Sefton Council meeting at Southport Town Hall and have been granted under a Public Space Protection Order (PSPO) issued by the council.

Thousands of people responded to the original proposals in June and following a detailed analysis of feedback, an amended PSPO was proposed and accepted by the council.

Cllr Paulette Lappin, Cabinet Member Regulatory, Compliance and Corporate Services, said: “Through the detailed consultation we really reached out to many different groups and individuals regarding an important subject that numerous people had a vested interest in.

“In their thousands people responded which shows how much they care about their pets and our communities.

“As a result, we are proposing some changes to the PSPO to reflect peoples’ comments and this is an example of how we listen to the concerns of local residents. We will continue to work with communities and dog groups to make Sefton even more dog friendly.”

Here are the laws that all dog owners in Sefton should now be aware of:

The council will be continuing with punishment for the offence of not removing dog’s fouling
The the number of dogs that can be walked by one person is now restricted to a maximum of six
Dogs will now be prohibited from entering enclosed playgrounds
Dogs will now be prohibited from entering marked or fenced sports pitches during specified periods
Dogs are required to be kept on the lead within defined picnic sites and family areas
Dogs are required to be kept on the lead within all public roads and footways
Dogs are required to be kept on the lead within all public cemeteries and crematoria
Dogs will have to be placed on a lead when required by an authorised officer, to prevent nuisance or behaviour likely to cause annoyance or disturbance to the public

Sefton Council, in their report, said the laws “are intended to address irresponsible dog control and protect the public from anti-social behaviour that is having, or likely to have, a detrimental effect on the quality of life of those in the locality.”

It was decided, however, that dogs ARE allowed to do the following:

Dogs are allowed to enter open playgrounds
Dogs do not need to be kept on leads in designated wildlife areas
Dogs do not need to be kept on leads in designated nature reserves
Dogs will be allowed to enter designated beach areas - “Dog Free Zones” (except for existing Dog Free Zones that exist under current bylaws)
Dogs do not need to be kept on the lead within fences conservation areas when livestock are present
Dog owners do not need to keep a receptacle with them to remove dog fouling

In terms of revenue costs, enforcing these laws is expected to cost little, as only a small amount needs to be spent on signage in relevant areas. The funding for this will be met from Services existing budgets.

Formby Parks

MARKED SPORTS PITCHES DEFINITION: 'Perimeter of marked pitch is identified, clearly marked and defined by a sprayed or painted white line].

Deansgate Lane, L37 7EP - Marked Pitches in Park - Exclusion When Marked

Duke Street Park, L37 4AN - Marked Pitches in Park - Exclusion When Marked

FORMBY BOWLING GREENS

Duke Street Park, Formby, L37 4AN - Bowling Green - Exclusion All Year Round

Fenced Off Childrens Playgrounds/Ball Courts/Multi Use Games Areas (MUGAs). PSPO Control=exclusion of dogs all year round.

Alt Road, L37 6DQ - Childrens Playground - Exclusion All Year Round

Barkfield Lane, L37 3JW - Childrens Playground - Exclusion All Year Round

Deansgate Lane, L37 7EP - MUGA - Exclusion All Year Round

Duke Street Park, Formby, L37 4AN - MUGA - Exclusion All Year Round

Duke Street Park, Formby, L37 4AN - Playbuilder Facility (Fenced) - Exclusion All Year Round Within the park's fenced-off childrens' playground

Duke Street Park, Formby, L37 4AN = Ball Court (Tennis) - Exclusion All Year Round

Duke Street Park, Formby, L37 4AN - Childrens Playground - Exclusion All Year Round

Smithy Green, L37 3JZ - Childrens Playground - Exclusion All Year Round

Picnic/Family Areas Picnic/Family Areas as defined on the maps for the sites.

Duke Street Park, L37 4AN - Dogs on Leads -

Control zone contains and is adjacent to childrens Family/Picnic Area playground and tennis courts.

All areas in Sefton are listed here:

Sefton Metropolitan Borough Council

Public Spaces Protection Order

Dog Control Anti-social Behaviour, Crime and Policing Act 2014, Part 4

Sefton Metropolitan Borough Council in exercise of the powers conferred on it by Section 59 of the Anti-Social Behaviour, Crime and Policing Act 2014 makes the following Order —

1. Citation

This Order may be cited as the Sefton MBC Public Spaces Protection Order [Dog Control] and for the purposes of any enforcement proceedings, Notices, documents or correspondence the short title Dog Control Order may be given.

2. Interpretation

(1) In this Order the expressions "the Authority" or "the Council" shall mean Sefton MBC whose principal offices are Magdalen House, 30 Trinity Road, Bootle, L20 3NJ.

(2) In this Order any reference to a numbered section is a reference to the section so numbered in the Anti-Social Behaviour, Crime and Policing Act 2014 ("the Act").

(3) For the purposes of this Order a person who habitually has a dog in his/her possession shall be taken to be in charge of the dog at any time unless at that time some other person is in charge of the dog.

(4) Any reference in the Schedules to this Order to "prescribed charity" shall mean any of the following charities —

(a) Dogs for the Disabled (registered charity number 1092960);

(b) Support Dogs (registered charity number 1088281);

(d) Dog A.I.D. (registered charity number 1098619);

(e) Dogs for Good (registered charity number 1092960);

(f) Guide Dogs (registered charity number 209617); and

(g) Hearing Dogs for Deaf People (registered charity number 293358).

3. Effect

(1) This Order shall come into force on 14 th July 2017

(2) This Order is made as the Council is satisfied on reasonable grounds that the two conditions prescribed by section 59(2) and (3) of the Act have been met, namely:

(a) The first condition:

(i) Activities carried on in a public place within the Authority's area have had a detrimental effect on the quality of life of those in the locality ("the Activities"); or

(ii) It is likely that activities will be carried on in a public place within the Authority's area ('the Activities") and that they will have a detrimental effect on the quality of life of those in the locality;

and such Activities are set out in the respective Schedules to this Order

(b) The second condition:

The effect, or likely effect, of the Activities —

(i) is, or is likely to be, of a persistent or continuing nature,

(ii) is, or is likely to be, such as to make the activities unreasonable, and

(iii) justifies the restrictions imposed by this Order.

(3) This Order relates to each public place referred to in Schedules 1, 2, 3 4 and 5 to this Order ("the Restricted Areas") together with such other Schedules as may he included under any variation of the Order from time to time and —

(a) prohibits specified things from being done in the Restricted Area ("the Restrictions") as may be set out in the Schedules,

(b) requires specified things to be done by persons carrying on the Activities in the Restricted Area ("the Requirements"), or

(c) does both of those things.

4. Requirement to provide name and address

(1) For the purposes of enforcing the provisions of this Order any person who appears to a duly authorised officer of the Authority or to a Police Officer to be in charge of any dog to which the provisions of this Order apply shall confirm their full name, address and date of birth upon any request having been made in that respect whether verbally or in writing by any such officer and within such time as may be stipulated by that officer.

5. Offence of failing to comply with this Order

(1) It is an offence for a person without reasonable excuse—

(a) to do anything that a person is prohibited from doing by a public spaces protection order, or (b) to fail to comply with a requirement to which a person is subject under a public spaces protection order.

(2) A person guilty of an offence under this section is liable on summary conviction to a fine not exceeding level 3 on the standard scale.

(3) A constable or an authorised person may issue a fixed penalty notice to anyone he or she has reason to believe has committed an offence under section 67 of the Act in relation to the Order, (4) A fixed penalty notice is a notice offering the person to whom it is issued the opportunity of discharging any liability to conviction for the offence by payment of a fixed penalty to the Council.

6. Duration of Order

(1) This Order will remain in force for the period of 3 years from the date that it comes into force specified in paragraph 3(1).

(2) Before the time when this Order is due to expire, the Council may extend the period for which it has effect if satisfied on reasonable grounds that doing so is necessary to prevent —

(a) an occurrence or recurrence after that time of the Activities, or

(b) an increase in the frequency or seriousness of the Activities after that time.

(3) The Order may be so extended more than once.

6. Variation and discharge of the Order

(1) The Council may vary this Order —

(a) by increasing or reducing the Restricted Areas;

(b) by altering or removing a prohibition or requirement included in the Order, or adding a new one.

(2) Where the Council considers it appropriate to do so the Order may be discharged by the Council before the end of the period that the Order may remain in force specified in paragraph 5(1).

7. Challenging the validity of the Order

( 1 ) Under the provisions of section 66 of the Act an interested person may within 6 weeks of the making of this Order apply to the High Court to question its validity or the validity of any variation of this Order on the grounds specified in section 66 (2) of the Act, namely —

(a) that the Council did not have power to make the Order or variation, or to include particular prohibitions or requirements imposed by the Order (or by the Order as varied);

(b) that a requirement under Chapter 2 of Part 4 of the Act was not compiled with in relation to the Order of variation.

Dated this 14th Day of July 2017

The Common Seal of the Sefton Metropolitan Borough Council was hereunto affixed in the presence of - Duly Authorised Officer

SCHEDULE 1

The fouling of land by dogs

1. The Restricted Areas

(1) Any land within the Metropolitan Borough of Sefton which is open to the air and to which the public are entitled or permitted to have access to (with or without payment) including any land which is covered but which is open to the air on at least one side.

2. The Requirements

(1) If a dog defecates at any time on land to which this Schedule applies a person who is in charge of that dog shall remove the faeces from the land forthwith unless —

(a) that person has a reasonable excuse for failing to do so; or

(b) the owner, occupier or other person or authority having control of the land has consented (generally or specifically) to his/her failing to do so.

3 Exemptions

(a) is registered as a blind person in a register compiled under section 29 of the National Assistance Act 1949; or

(b) has a disability which affects his/her mobility, manual dexterity, physical coordination, or ability to lift, carry or otherwise move everyday objects, in respect of a dog trained by a prescribed charity and upon which that person relies for assistance.

For the purposes of this Schedule —

(a) placing faeces in a receptacle on the land which is provided for that purpose, or for the disposal of waste, shall be sufficient removal from the land;

(b) being unaware of the defecation (whether by reason of not being in the vicinity or otherwise), or not having a device for or other suitable means of removing the faeces shall not be a reasonable excuse for failing to remove the faeces;

SCHEDULE 2

The exclusion of dogs from land

1. The Restricted Areas

(1) All enclosed children's playgrounds and all fenced sports pitches including multi use game sports facilities including bowling greens within the Metropolitan Borough of Sefton which is open to the air and to which the public are entitled or permitted to have access to (with or without payment) including any land which is covered but which is open to the air on at least one side.

(2) All marked sports pitches within the Metropolitan Borough of Sefton within defined dates which is open to the air and to which the public are entitled or permitted to have access to (with or without payment) including any land which is covered but which is open to the air on at least one side.

2. The Restrictions

(1) A person in charge of a dog shall not take the dog, nor shall allow the dog to enter and to remain, on any land described in paragraph 1(1) of this Schedule at any time;

(2) A person in charge of a dog shall not take the dog, nor shall allow the dog to enter and to remain, on any land described in paragraphs 1(2) of this Schedule at any time from

Football or Rugby pitches from 01 September to 31st May inclusive

Cricket pitches from 01 April to 30th September inclusive unless in the case of either of the restrictions described under paragraphs 2(1) and (2)[2]respectively of this Schedule —

(a) that person has a reasonable excuse for doing so; or

(b) the owner, occupier or other person or authority having control of the land has consented (generally or specifically) to his/her doing so.

3. Exemptions

The offence does not apply to a person who

(a) is registered as a blind person in a register compiled under section of the National Assistance Act 1949; or

(b) is deaf, in respect of a dog trained by Hearing Dogs for Deaf People (registered charity number 293358) and upon which that person relies for assistance; or

(c) has a disability which affects his/her mobility, manual dexterity, physical coordination, or ability to lift, carry or otherwise move everyday objects, in respect of a dog trained by a prescribed charity and upon which that person relies for assistance.

SCHEDULE 3

Dogs on leads

1. The Restricted Areas

(1) Any land within the Metropolitan Borough of Sefton which is used as a memorial, burial ground, cemetery or garden of remembrance together with any forecourt, terrace, yard or walkway providing access, and together with adjoining verges, landscaped areas and gardens.

(2) Any land within the Metropolitan Borough of Sefton which is a designated carriageway (A or B classified roads) together with the adjoining footpaths and verges of such carriageways.

(3) Any Land with the Metropolitan Borough of Sefton which is a designated Picnic Area or family area

2. The Requirements

( 1 ) A person in charge of a dog shall at all times keep the dog on a lead of not more than 2.0 metres in length unless:

(a) that person has a reasonable excuse for failing to do so; or

(b) the owner, occupier or other person or authority having control of the land has consented (generally or specifically) to his/her failing to do so.

3. Exemptions

The offence does not apply to a person who —

(a) is registered as a blind person in a register compiled under section 29 of the National Assistance Act 1949; or

(b) is deaf, in respect of a dog trained by Hearing Dogs for Deaf People (registered charity number 293358) and upon which that person relies for assistance; or

4. Definition of a lead

For the purposes of this Schedule the definition of a lead is Any rope, cord, leash, or similar items used to tether control or restrain a dog but does not include any such item which is not actively used as a means of restraint so that the dog remains under a persons close control.

SCHEDULE 4

Dogs on leads by direction

1. The Restricted Areas

2. The Requirements

( I) A person in charge of a dog shall comply with a direction given to him by an authorised officer or agent of the Council or by a police officer to put and keep the dog on a lead of not more than 2.0 metres in length unless —

(a) that person has a reasonable excuse for failing to do so; or

(b) the owner, occupier or other person or authority having control of the land has consented (generally or specifically) to his/her failing to do so.

(2) For the purposes of this Schedule an authorised person may only give a direction under this Schedule to put and keep a dog on a lead if such restraint is necessary to prevent a nuisance or behaviour by the dog likely to cause annoyance or disturbance to the public on any land to which this Schedule applies and the behaviour would have a detrimental effect on the quality of life of the public.

3. Exemptions

The offence does not apply to a person who —

(a) is registered as a blind person in a register compiled under section 29 of the National Assistance Act 1949; or

(b) is deaf, in respect of a dog trained by Hearing Dogs for Deaf People (registered charity number 293358) and upon which that person relies for assistance; or

5. Definition of a lead

SCHEDULE 5

Number of dogs walked by an individual

1. The Restricted Areas

2. The Requirements

(1) A person in charge of a dog on land to which this order applies must restrict the number of dogs that can be walked by a single individual to six dogs unless

(a) they have reasonable excuse for failing to do so; or

(b) the owner, occupier or other person or authority having control of the land has consented (generally or specifically) to his failing to do so.

3. Exemptions

The offence does not apply to a person who —

(a) is registered as a blind person in a register compiled under section 29 of the National Assistance Act 1949; or

(b) is deaf, in respect of a dog trained by Hearing Dogs for Deaf People (registered charity number 293358) and upon which that person relies for assistance; or