Dog Control Orders

Consultation for the Dog Control Public Space Protection Order

In 2017, we used our powers under the Anti-Social Behaviour, Crime and Policing Act 2014 to introduce a Public Space Protection Order relating to:

• Dogs on Lead
• Dogs on Lead by Direction 
• Fouling of land by dogs & requirement to produce device or other suitable means for removing dog faeces
• Dogs Exclusion

The PSPO lasted for 3 years and was extended in 2020. The PSPO's have now expired, and we are considering reinstating the PSPO's with the same terms. We are still receiving complaints about dog fouling, dogs being off leads and dogs being allowed into play areas. Chorley Council are frequently contacted by members of the public regarding dog fouling. We believe that it is still under-reports the true extent of the problem and it remains a common topic for complaints to elected members.

Specifically, the PSPO prohibitions are:

• A person in charge of a dog which defecates in an area which the public has access to (on payment or otherwise), and does not remove the faeces straight away, commits an offence. This applies across the Borough.
• A person in charge of dog which is not on a lead at any time on the Restricted Area commits an offence.
• A person in charge of a dog who takes it into or allows it to enter one of the specified children's play areas commits an offence.

All offences are subject to the following defences.

• A person has a reasonable excuse for committing the offence.
• The owner, occupier or other person or authority having control of the land has consented (generally or specifically) to the activity in question.

Penalty

• By virtue of Section 67 of the Act it is an offence for a person without reasonable excuse to do anything that is prohibited by this Order.
• A person who is guilty of an offence under this Order shall be liable on summary conviction to a fine not exceeding level 3 (currently £1,000) on the standard scale.
• By virtue of Section 68 of the Act a constable or an authorised person may issue a fixed penalty notice not exceeding £100 to anyone he or she has reason to believe has committed an offence under section 67 of the Act in relation to this Order.

Nothing in the order applies to a person who:

• Is registered as a blind person in a register compiled under section 29 of the National Assistance Act 1948.
• Is deaf, in respect of a dog trained by Hearing Dogs for Deaf People (registered charity number 293358) and upon which he relies for assistance.
• Has a disability which affects his mobility, manual dexterity, physical co-ordination, or ability to lift, carry or otherwise move everyday objects, in respect of a dog trained by a prescribed charity and upon which he relies for assistance.

This PSPO does not address dangerous dogs, they are dealt with by separate legislation.

How to comment

We want your comments on reinstating the PSPO.

Email your comments to community.safety@chorley.gov.uk

Write to:

Public Protection Team Leader

Union Street Offices

Union Street

Chorley

PR7 1AL

This consultation closes on Friday 7th June 2024.