Public Spaces Protection Order Consultation
There is currently a Dog Control Order in place in the Borough of Melton (with some restrictions), which requires people to pick up the faeces of dogs in their control. However this Order will expire permanently in 2020 and it only allows the council to control dog fouling.
The Government have provided a new tool to deal with issues affecting public spaces (including dog fouling) but must be based on local evidence. The Anti-social Behaviour, Crime and Policing Act 2014 introduced Public Spaces Protection Orders (PSPO), to deal with anti-social behaviour in particular areas.
Melton Borough Council is looking to introduce PSPOs to continue to deal with fouling issues whilst bringing in new conditions to help protect the public and reduce incidents of anti-social behaviour.
Part of the process of approving PSPOs is to gather evidence to demonstrate the need for the Order and go out to public consultation on the proposals.
The consultation has now closed.
You can discuss any issues raised by the consultation or take part in it in a face to face manner with Melton Borough Council's Environmental Enforcement Officer at the following dates and times:
Lidl Melton store:
10 July 2019 2pm-4pm
26 July 2019 10am-12pm
14 August 2019 2pm-4pm
23 August 2019 10am - 12pm
Morrisons Melton store:
10 July 2019 10am - 12pm
26 July 2019 2pm - 4pm
14 August 2019 10am - 12pm
23 August 2019 2pm - 4pm
Sainsburys Melton store:
9 July 2019 10am-12pm
25 July 2019 2pm - 4pm
6 August 2019 10am - 12pm
15 August 2019 5pm - 7pm
28 August 2019 2pm - 4pm
Some common questions answered:
Are the Orders a law?
Answer: Yes. The council is given the power under the Anti-Social Behaviour, Crime and Policing Act 2014.
Proposal 1: Offence by failing to pick up after your dog has fouled forthwith:
Do I have to pick up my dog poo?
Answer: Yes, if you are in charge of a dog at the time it fouls then you will need to remove the faeces straight away.
What happens if I don’t pick up my dog poo?
Answer: if a person in change of the dog does not pick up after their dog has fouled forthwith they could be issued with a Fixed Penalty Notice of £100 by an authorised officer.
I have a disability; do I still need to pick up after my dog?
Answer: This depends; if you have a registered assistance dog then you do not need to pick up after your dog. If you do not have a registered assistance dog then you are still required to pick up after your dog.
What does ‘forthwith’ mean?
Answer: The legal definition of forthwith is immediately.
Proposal 2: Requirements to carry a means of removing dog faeces:
Should I have dog bags with me when I’m walking a dog?
Answer: Yes, you should always have a means to pick up your dog foul.
How many dog bags should I have with me?
Answer: There is no set limit of dog bags you should carry at anyone time, however it is advisable that you carry more than enough to make sure you’re covered for any unforeseen circumstances.
What happens if I am stopped by an authorised officer and I don’t have any dog bags with me?
Answer: You will be issued with a Fixed Penalty Notice of £100.
Proposal 3:Dogs on lead by direction:
Can I walk my dog off the lead?
Answer: Yes you can walk your dog off the lead within Melton Borough. However if your dog is causing an annoyance and/or nuisance to members of the public, then you can be asked by an authorised officer to put your dog on a lead.
What happens if I refuse?
Answer: Should you refuse to put your dog on a lead without a reasonable excuse, the authorised officer will issue you with a Fixed Penalty Notice of £100.
Proposal 4: Dog Exclusion
Why can’t I let my dog on an enclosed play area?
Answer:Melton Borough Council is committed to making sure our children’s play areas are a safe and clean environment for our young people to enjoy. Due to the health risk associated with dog faeces and young children being more at risk at coming into contact with it, we feel this is a reasonable measure to introduce.
What parks are covered in the PSPO?
Answer:Currently all the enclosed parks in Melton Mowbray will be covered, however the Council are looking to make this borough wide. Please see schedule 2 of the order which shows all park locations.
Proposal 5:Direction to Move On and Disperse (where necessary):
Where does this apply?
Answer: This part of the order only applies within Melton Mowbray town wards.
Why does the local authority need this power:
Answer: This power will help the local Police and Council tackle anti social behaviour by dispersing groups of people potentially acting in a rowdy manner and reduce the risk of escalation into a public order offences.
Proposal 6: Prohibition of Alcohol Consumption:
Can I still have a drink in Melton Mowbray town centre?
Answer: Yes you can still consume alcohol in Melton Mowbray town centre but only in licenced premises.
What if I refuse to surrender my alcohol?
Answer: An authorised officer is empowered to issue you with a Fixed Penalty Notice of £100 if you fail to surrender your alcohol.
Fixed Penalty Notice:
What is a Fixed Penalty Notice?
Answer: Fixed Penalty Notice or a conditional offer of fixed penalty is an administrative alternative to prosecution before the magistrates’ court which includes a fine and in most cases penalty points too. You will be issued a notice on the spot or through the post from the police. If you accept you are guilty, pay the fine or collect the points, you will avoid a court summons, but if you challenge it you will have to appear in court.
Where can I view the details of the proposed Order?
Answer: Copies of the proposed order and plan are available for inspection free of charge throughout the consultation period during normal opening hours at the following locations:
- Melton Borough Council office, Parkside, Station Approach, Burton Street, Melton Mowbray, Leicestershire, LE13 1GH.
- Melton Police Station, King Street, Melton Mowbray, Leicestershire, LE13 1EE
- Melton Library, Wilton Rd, Melton Mowbray LE13 0UJ