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FAQ- Public Space Protection Orders (PSPO) and dogs public consultation Autumn 2018

FAQ 1. What is a Public Space Protection Order?

A Public Space Protection Order, also known as a PSPO, is a new power available under the Anti-Social Behaviour, Crime and Policing Act 2014.

An order can be used to control certain activities in a specified area if two conditions are met:

* That the activities have had or are likely to have, a detrimental effect on those in the locality.

* That the effect is, or is likely to be, persistent and continuing nature and is or is likely to be such as to make those activities unreasonable and that restrictions are justified.

FAQ 2. Why change from Dog Control Orders to Public Space Protection Orders?

The Councils are required to change their Dog Control Orders (DCO) currently in place across Burnley to Public Space Protection Orders (PSPO).

This is a requirement under the Anti-Social Behaviour, Crime and Policing Act 2014.

FAQ 3. What happens if an order is breached?

If any of the conditions are breached a Fixed Penalty Notice (FPN) of £75 can be issued and failure to pay may lead to prosecution and being liable to a fine not exceeding Level 3 (currently £1,000).

FAQ 4. What does the requirement to “remove dog faeces from any land to which is open to the air and to which the public have access” mean?

The requirement to clean up after your dog “from any land to which is open to the air and to which the public have access to” is a legal definition.

It means outdoors in parks, the footpath, highway, bridleways or any other area which someone else could reasonably be expected to access.

This excludes your front or back garden but includes outdoor communal areas in a flat complex.

FAQ 5. Why exclude dogs from certain areas or sites?

The exclusion of dogs from certain sites, such as children's play areas, is important in ensuring the health and safety of children in what we consider to be a safe and welcoming environment in which children play. There are also biodiversity benefits in excluding dogs from certain wildlife rich areas. The exclusion of dogs from Thompson Park, and currently Queens Park, was established many years ago.

FAQ 6. Why might I have to put my dog on a lead if a Council official tells me to?

Requiring dogs to be kept on leads in designated areas to be determined, likely reduces the risk of dog fouling occurring, and ensures dog walkers keep their animals under control.

The vast majority of parks and open spaces are free of restrictions and only if an Authorised Officer considers a dog or dogs to be out of control or causing alarm or stress will the owner of a dog be instructed to put and keep a dog on a lead.

FAQ 7. Who will enforce the orders?

The Dog Wardens and Park Rangers. The Council will also be designating a power to private enforcement contractors to issue the Fixed Penalty Notices on the Council's behalf.

FAQ 8. What happens after the consultation period?

The Council will analyse the responses to the consultation exercise. Depending on the results of the consultation, the Council could choose to amend or remove the conditions of the orders. The Council may also choose to examine the matter in more detail during a further period of consultation.

FAQ 9. Are you trying to add more sites and change the conditions of the Dog Control Orders in the change?

Any changes are pending the outcome of the consultation.

One aspect we are consulting on that might be of particular interest to residents is the suggestion that we allow dogs into Queens Park whilst on a lead. This change was suggested to the Council by the Friends of the Park group.

The map of where the orders could apply is available to view here (pdf download 10mb), or at the contact centre on Parker Lane, Burnley Town Hall or Padiham Library.

FAQ 10. How do I comment on the proposals?

There are three basic options available for you to participate:

* Complete the online consultation here: https://www.surveymonkey.co.uk/r/burnleydogpspo

* Collect a paper copy of the consultation survey from:

  • Burnley Town Hall
  • Contact Burnley on Parker Lane/Red Lion Street
  • Padiham Library

and return it to one of those locations.

* Write to the Council: Head of Policy and Engagement, Town Hall, Manchester Road, Burnley BB11 9SA

FAQ 11. When does the Consultation period start and end?

The consultation period starts on Monday 24th September and runs until November 5th 2018.

Comments received after this date will not be considered.

FAQ 12. Who are we consulting with?

This consultation involves all stakeholders who may be affected, including:

  • dog owners
  • the general public
  • Professional Dog Walkers
  • Veterinary Practices
  • the Police
  • local parish councils
  • schools
  • kennels
  • Ramblers' Association
  • neighbourhood watch
  • housing associations

In short everybody can have their say on the proposals.

FAQ 13. How do we ask for a site that currently has no dog restriction to be considered for one?

Submit your feedback using the form (see link above) and in the space for comments let us have your thoughts on the site(s) that you think should have a restriction and we will consider your comments at the end of the consultation.

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