Decision Maker: Cabinet

Outcome: Recommendations Approved

Is Key Decision?: Yes

Is Callable In?: Yes

Date of Decision: December 16, 2025

Purpose: To seek permission to consult on adopting a Public Space Protection Order (PSPO) in relation to dog fouling

Content: The Cabinet considered a report of the Director of Economy and Place, which sought approval of a Public Space Protection Order aimed at addressing the issues arising from dog fouling.     The Cabinet Member Climate Change and Environment delivered a brief summary of the report’s key points.   The Service Manager Environmental Action and Enforcement was in attendance to present the information and to respond to questions and comments from Cabinet Members.   The Officer informed that the Anti-Social Behaviour, Crime and Policing Act 2014 introduced a number of tools and powers for use by Councils, and partners, to address anti-social behaviour (ASB) in their respective areas.   Public Spaces Protection Orders (PSPOs) were one of these tools. The Act gives Councils the authority to implement Public Spaces Protection Orders (PSPOs) in response to the particular issues affecting their communities, provided certain criteria and legal tests are met.   Councils could use Public Spaces Protection Orders (PSPOs) to prohibit specified activities, and/or require certain things to be done by people engaged in particular activities, within a defined public area. PSPOs differed from other tools introduced under the Act as they were council-led, and rather than targeting specific individuals or properties, they focused on the identified problem behaviour in a specific location.   The Officer further informed that PSPOs were only permitted to run for a period of 3 years, at which point, it either expired or an application was made for its renewal. The suggested restrictions of this Public Spaces Protection Order (PSPO) were to prohibit the following: Allowing dogs to foul land and not removing and disposing of the faece. It was proposed that the PSPO would be borough wide as shown in appendix 1 to the report.   Resolved: 1.     That  the proposed Public Spaces Protection Order, as per the draft in appendix 2 to the report be agreed; 2.     That the commencement of a public consultation for a period of no less than 6 weeks, to begin as soon as possible be agreed; 3.     That it be noted that a further report would be produced following the outcome of the public consultation and full Equality Impact Assessment (EIA) to help inform the final decision.   Reason for decision: Following a review of data in relation to dog fouling and the Council’s current engagement and enforcement approach, there was a widespread issue across the borough. The table of statistics in appendix 3 to the report, breaks down the reported incidents for a 5 year period from 2020 – 2024.   The nuisance that was caused by dog fouling was clear and these issues demonstrated the detrimental effect that this behaviour had on people’s quality of life.   Many local authorities across the country had successfully implemented Public Space Protection Orders that seek to address the issue arising due to dog fouling like those being proposed here.   The council intended to adopt an engagement approach to dealing with the second proposed condition of the PSPO. Where a person cannot demonstrate they have the means to pick up after a dog has fouled but an incident is not witnessed on the first occasion they would be advised this is an offence under the Public Space Protection Order. Further offences would be considered for enforcement action.   Alternatives considered and rejected: The following alternative options were available for members to consider 1)     Members could decide not to proceed with the PSPO in its entirety. 2)     Members could agree to proceed with only one of the two proposed prohibitions. 3)     Members could request a wider PSPO to address other dog control measures (although this is something that officers intend to review and come back to members with at a later date following successful implementation of the dog-fouling enforcement arrangements). A wider PSPO addressing other dog control measures could be reviewed at this time or a later date. These measures could include measures such as • Dog exclusion areas • Areas dogs are only permitted on a lead • Maximum number of dogs able to be walked at one time • Powers to direct owners to put dogs on a lead on request.   Other powers that were available to the council and police to enforce on anti-social behaviour relating to the proposed prohibitions had been considered however these were not seen as being as effective as what the proposed PSPO would be.   These powers were to issue Community Protection Notices (CPNs), also under the Anti-social Behaviour, Crime and Policing Act 2014 or to issue notice under the Environmental Protection Act 1990, which addresses persistent fouling on private land as a statutory nuisance.