Purpose

The Public Spaces Protection Order (PSPO) is proposing to introduce formal rules in Council owned cemeteries, enforceable by fines, which will require owners to:
•Keep their dogs on a short lead (2 metres or less)
•Immediately clean up and remove any dog mess
The PSPO is proposed to apply in the following locations:
•Locksbrook Cemetery, Upper Bristol Road, Bath, BA1 3DQ
•Harptree Cemetery, West Harptree Road, East Harptree, Somerset, BS40 6BQ
•St. Michael’s Cemetery, St. Michael’s Road, Lower Weston, Bath, BA1 3BJ
•Smallcombe Cemetery, 6 Widcombe Hill, Bath, BA2 6DD
•St. James Cemetery, Lower Bristol Road, Bath, BA2 3BQ
•Twerton Cemetery, Bellotts Rd, Bath, BA2 3RT

Decision

The decision-maker has:

Considered the outcome of the public consultation undertaken between 5 January and 2 February 2026 on the proposed introduction of a Public Spaces Protection Order (PSPO) in Council-owned cemeteries, including the range of views expressed both in support of and opposition to the proposals.

Determined that the statutory test set out in section 59 of the Anti-social Behaviour, Crime and Policing Act 2014 is met for the introduction of a PSPO within Council-owned cemeteries.

Agreed to make the Public Spaces Protection Order (as set out in Appendices 1a and 1b), requiring within named Council-owned cemeteries:

·  dogs to be kept on a lead of no more than 2 metres at all times; and

·  dog owners to immediately remove and properly dispose of dog fouling.

Agreed that the Fixed Penalty Notice for breaches of the PSPO be set at £100, reduced to £60 if paid within 10 days of issue.

Requested the Monitoring Officer, or an authorised signatory on their behalf, to seal the Order.

Requested the Director of Place Management, or a delegated officer, to:

·  make arrangements for publication of the Order in accordance with the Act; and

·  keep the operation and impact of the PSPO under review, including equality impacts, enforcement activity and site-specific issues.

Noted the contributions of those who took part in the consultation process and agreed that the outcomes of the consultation will be publicised.

Reasons for the decision

Cemeteries are sensitive environments intended for remembrance and reflection, where dignity, safety and respect must be maintained. The Council has experienced persistent issues across several sites, including dogs not being kept under control, dog fouling and associated disturbances, which have caused distress to visitors and created health and safety concerns for staff and contractors.

Despite measures such as signage, engagement and education, these issues have continued, including instances of non-compliance and unacceptable behaviour towards staff. This demonstrates that existing controls have been insufficient to address the impact on those using and working within these spaces.

Having considered the outcome of the public consultation, including both supporting and opposing views, the decision-maker is satisfied that the legal tests under section 59 of the Anti-social Behaviour, Crime and Policing Act 2014 are met. The behaviours identified are having a detrimental effect on the quality of life of those in the locality, are persistent in nature, and justify the introduction of proportionate and reasonable restrictions.

The introduction of a Public Spaces Protection Order is therefore considered necessary and proportionate to protect the character of cemeteries, improve safety, and ensure that all users can access and experience these spaces appropriately. The restrictions are balanced, enforceable and targeted to address the specific issues identified, while allowing continued responsible access for dog owners.

Alternative options considered

The Council has sought to address these issues through

signage, engagement and education. Despite this, incidents of non-compliance and, in some cases, abuse towards staff have continued. These issues present ongoing health and safety risks and negatively affect the quality of life of those using and working within the cemeteries.