Agenda item

Recommendation Tracking - Phase 2 Dog Control Orders

To receive an update report on progress made in responding to the recommendations arising from the previous scrutiny review of the Phase 2 Dog Control Orders project.

Minutes:

The report of the Head of Scrutiny and Member Development updated the Board on progress made in implementing the recommendations arising from the Scrutiny review of the phase 2 Dog Control Orders project.

 

A draft status had been assigned to each of the recommendations and in assessing the progress made, the Board was asked to either agree or change the status for each recommendation.

 

The following were in attendance for this item:

 

  • Councillor Mark Dobson – Executive Member for Environment
  • Tom Smith, Locality Manager (South and Outer East Leeds)
  • Gill Marshall, Section Head, Legal, Licensing and Registration Services
  • Sean Flesher, Head of Parks and Countryside
  • Councillor Joseph Marjoram, former Board Member

 

The following issues were discussed:

 

  • Recommendation 5 – Non-payment of Fixed Penalty Notices (FPNs)

 

It was reported that there were higher levels of non-payment in respect of FPNs issued for those with who had breached the ‘dogs on leads’ orders than for dog fouling.  It was thought that this was possibly as a result of less awareness of the more recent orders.  All unpaid FPNs would be pursued through the courts.  Further issues discussed in relation to this recommendation included:

  • Safety for staff issuing and pursuing FPNs – it was reported that full risk assessments were carried out and staff did not have to carry out their duties alone where it was felt there could be problems.
  • Dog owners were still liable for FPNs when carelessly discarding dog bags instead of placing them in bins as this becomes a littering offence.
  • Members requested information on the numbers of FPNs issued in the last 2 year and how these had been dealt with.
  • The need to ensure mechanisms are place for identifying repeat offenders prior to allowing the discharge of a further offence through an FPN.

 

It was agreed to keep Recommendation 5 at Category 4 i.e. that the progress made is acceptable and to continue monitoring.

 

  • Recommendation 6 – Expanding staffing resources to enforce FPNs

 

  • Enforcement staff within locality teams were contracted to work between the hours of 7.00 a.m. and 7.00 p.m. Monday to Friday.  Additional weekend work could be arranged but was subject to additional cost.
  • PCSOs had been trained to take professional witness statements but not to issue FPNs.  This was also the case for Parks and Countryside patrol staff.
  • Concern was expressed by some Members regarding working hours arrangements as it was felt that they did not sufficiently cover the main hours for when offences occurred.

 

  It was agreed to keep Recommendation 6 at Category 4.

 

  • Recommendation 7 – Dog Control Orders – Communication

 

  • It was requested that Elected Members were kept informed of any microchipping events and campaign work.
  • Requests for any hotspot areas to be targeted would be considered.
  • Leaflets and flyers had been distributed to raise awareness.

 

It was agreed to keep Recommendation 7 at Category 4.

 

  • Recommendation 9 – Playing pitches used by schools

 

  • The Board received clarification of the legal advice that was provided to the Dog Control Order Project Board in relation to this recommendation.
  • In consideration of this legal advice, the Board agreed that further work should be undertaken with Ward Members to identify enforcement solutions within those areas where particular concerns had been raised rather than trying to adopt a city-wide approach that could be deemed disproportionate.
  • Members also acknowledged the Government’s proposal to replace Dog Control Orders with Community Protection Orders, as set out within the White Paper ‘More effective responses to anti-social behaviour’.  In view of this, the Board agreed to schedule a further update later this year.

 

It was agreed to keep Recommendation 9 at Category 4

 

RESOLVED – That the report and discussion be noted.

 

Supporting documents: