COUNCIL: 26 February 2020

Report of: Corporate Director of Place & Community Contact for further information: Michelle Williams (ext. 3244) (email: michelle.williams@westlancs.gov.uk)

SUBJECT: PUBLIC SPACE PROTECTION ORDER RENEWAL

Wards affected: Boroughwide 1.0 PURPOSE OF THE REPORT 1.1 To seek approval to renew the Councils' existing Public Space Protection Order

which details numerous Dog Control provisions for locations across the Borough and include five additional locations.

2.0 RECOMMENDATIONS TO COUNCIL 2.1 That due consideration is given to the results from the public consultation

conducted between 4 November 2019 and 13 December 2019, and additional communication received regarding the PSPO renewal and expansion proposal.

2.2 That the Public Space Protection Order detailed at Appendix 1 to this report be

approved for renewal for a 3 year period commencing 1st April 2020 with the inclusion of the five additional locations as outlined in the public consultation.

3.0 BACKGROUND 3.1 On the 1st April 2017, the Council created a Public Space Protection Order

(PSPO) under the Anti-social Behaviour, Crime and Policing Act 2014 (Appendix 1).

Further details can be found via: https://www.westlancs.gov.uk/environment/dogs/dog-control.aspx The order details restrictions that are in place relating to:

dog fouling;

dogs exclusion areas;

areas where dogs should be on a lead and;

the number of dogs that can be walked by one person. 3.2 There are currently 69 enclosed play areas where dogs are excluded and 5 areas

where dogs are required to be kept on leads. The order consolidated numerous pieces of old legislation and has been successful in minimising dog related issues in the areas concerned.

3.3 All PSPO's are valid for a period of 3 years unless they are extended before the

expiry date. A local authority can extend the lifetime of the Order for a maximum further period of 3 years if satisfied on reasonable grounds that doing so is necessary to prevent an occurrence or reoccurrence of the activities or an increase in frequency or seriousness of those activities.

An Order can be extended for up to a further 3 years and there are publication requirements as set down by the Secretary of State.

3.4 In addition, a local authority has the power to amend an Order if it satisfies two

conditions.

Condition 1: It believes:

a) activities carried on in a public place within the authority’s area have had a detrimental effect on the quality of life of those in the locality, or;

b) it is likely that activities will be carried on in a public place within that area

and that they will have such an effect

Condition 2 is that the effect, or likely effect, of the activities —

(a) is, or is likely to be, of a persistent or continuing nature,

(b) is, or is likely to be, such as to make the activities unreasonable, and

(c) justifies the restrictions imposed by the notice.

3.5 As the lifetime of the current Order requires extending and there has been further

evidence to justify extending the jurisdiction of the Order, Council is asked to approve the renewal of the existing PSPO for a further 3 years in addition to the inclusion of the five additional locations that were subject to consultation.

4.0 CONSULTATION 4.1 Since the introduction of the current Order a further suggestion was received from

a Parish Council in relation to a new area where restrictions could prove useful. In addition, Environmental Enforcement Officers have noted further areas where there is an increased risk of a dog attack or an issue relating to fouling. For example, locations where organised sports take place, especially involving children.

4.2 The additional sites considered for inclusion in the Order with restrictions are:

Ormskirk Rugby Club - dogs to be kept on a lead

Tarleton Rugby Club - dogs to be kept on a lead

Tarleton Cricket Club - dogs to be kept on a lead

Enclosed children's play area, Station Rd, Hesketh Bank – dogs to be excluded

Enclosed sports area, Evermore Hub, Digmoor – dogs to be excluded 4.3 As is required, the Council consulted on the additional new proposed restrictions

(i.e. Appendices 2 and 3 to this report) for a period of 6 weeks. In addition to consulting the community, the Council is also required to consult the Police and Crime Commissioner. This is because the Police potentially have a role in enforcing the Order. The Council's website contained a questionnaire in relation to the proposals, which allowed respondents to support or object to the proposals and add comments.

The consultation took place from 4 November 2019 – 13 December 2019.

4.4 Statistical analysis and comments received during the public consultation period

can be found at Appendices 5 and 10. 4.5 Additional communications received regarding the proposal to renew the

Council's PSPO can be viewed at Appendices 5 – 8. 4.6 It should also be noted that an online petition, included at Appendix 8, was

received on 13 January 2020 which was one month beyond the closing date of the public consultation period.

It should also be noted that Tarleton Parish Council who are the landowners of the recreation ground at Carr Lane, Tarleton are fully supportive of the proposed implementation of the restrictions for that site. See Appendix 6.

4.8 Having taken the comments into consideration, it is recommended that the five

additional sites, with restrictions be included and the Order agreed from 1st April 2020 for a period of 3 years.

4.9 It is worth noting that where restrictions are proposed relating to keeping dogs on

a lead, alternative areas have to be available nearby to allow dogs to be exercised off a lead. Officers are satisfied that in all cases there are alternative more suitable sites within a reasonable distance.

5.0 SUSTAINABILITY IMPLICATIONS

5.1 There are no significant sustainability impacts associated with this report and, in

particular, no significant impact on crime and disorder. 6.0 FINANCIAL AND RESOURCE IMPLICATIONS 6.1 The resource implications from this report can be met within existing resources.

7.0 RISK ASSESSMENT 7.1 Including the play areas and new restrictions will demonstrate consistency with

previous work and assist in the reduction of anti-social behaviour. Putting restrictions in place on the new sites also reduces the risk of sport

participants that use the sites coming into contact with dog faeces that can cause toxocariasis.

8.0 HEALTH AND WELLBEING IMPLICATIONS

8.1 The proposal will reduce exposure to dog faeces by members of the public whilst they are undertaking recreational activities.

Background Documents There are no background documents (as defined in Section 100D(5) of the Local Government Act 1972) to this Report. Equality Impact Assessment

There is a direct impact on members of the public, employees, elected members and / or stakeholders, therefore an Equality Impact Assessment is required. A formal equality impact assessment is attached as an Appendix to this report, the results of which have been taken into account in the Recommendations contained within this report.

Appendices Appendix 1 - EIA Document Appendix 2 - Existing Public Space Protection Order (01.04.17 – 31.03.20) Appendix 3 - Proposed areas where dogs are to be excluded Appendix 4 - Proposed areas where dogs will be required to be kept on a lead Appendix 5 - Results of Public Consultation (04.11.19 – 13.12.19) Appendix 6 - Email received from Tarleton Parish Clerk Appendix 7 - Communication received from The Kennel Club Appendix 8 - Letter received from Tarleton resident Appendix 9 - Petition received outside the public consultation period Appendix 10 - Comments from public consultation re: objections to 5 new

locations with restrictions

Appendix 1

Equality Impact Assessment Form

Directorate: Place & Community Service: Environmental Services

Completed by: Heidi McDougall Date: 14th February 2020

Subject Title: PSPO Renewal

1. DESCRIPTION

Is a policy or strategy being produced or revised:

*delete as appropriate Yes

Is a service being designed, redesigned or cutback:

No

Is a commissioning plan or contract specification being developed:

No

Is a budget being set or funding allocated: No

Is a programme or project being planned: No

Are recommendations being presented to senior managers and/or Councillors:

Yes

Does the activity contribute to meeting our duties under the Equality Act 2010 and Public Sector Equality Duty (Eliminating unlawful

discrimination/harassment, advancing equality of opportunity, fostering good relations):

Yes

Details of the matter under consideration: Public Space Protection Order Renewal including 5

additional sites If you answered Yes to any of the above go straight to Section 3 If you answered No to all the above please complete Section 2

2. RELEVANCE

Does the work being carried out impact on service users, staff or Councillors (stakeholders):

*delete as appropriate Yes

If Yes, provide details of how this impacts on service users, staff or Councillors (stakeholders): If you answered Yes go to Section 3

The service delivered will have a direct impact of the quality of the environment.

If you answered No to both Sections 1and 2 provide details of why there is no impact on these three groups: You do not need to complete the rest of this form.

3. EVIDENCE COLLECTION

Who does the work being carried out impact on, i.e. who is/are the stakeholder(s)?

Members of the public.

If the work being carried out relates to a universal service, who needs or uses it most? (Is there any particular group affected more than others)?

Universal service, no particular group affected more.

Which of the protected characteristics are most relevant to the work being carried out?

*delete as appropriate

Age No Gender No Disability No Race and Culture No Sexual Orientation No Religion or Belief No Gender Reassignment No

Marriage and Civil Partnership No Pregnancy and Maternity No

4. DATA ANALYSIS

In relation to the work being carried out, and the service/function in question, who is actually or currently using the service and why?

Members of the public

What will the impact of the work being carried out be on usage/the stakeholders?

Reduced exposure to dog faeces whist undertaking leisure and /or sporting activities.

What are people’s views about the services? Are some customers more satisfied than others, and if so what are the reasons? Can these be affected by the proposals?

A public consultation was conducted in Nov/Dec 2019. The support for the renewal of the PSPO is 78%. The support for the includion of the 5 additional sites is 58%. There has been some objection to the restrictions proposed regarding keeping dogs on leads at the 3 sports ground locations, however, there has been support for the Tarleton location by the Parish Council who are in fact the land owners.

What sources of data including consultation results have you used to analyse the impact of the work being carried out on users/stakeholders with protected characteristics?

It is a universal service that will not unduly disadvantage stakeholders with protected characteristics.

If any further data/consultation is needed and is to be gathered, please specify:

Consultation has taken place.

5. IMPACT OF DECISIONS

In what way will the changes impact on people with particular protected characteristics (either positively or negatively or in terms of disproportionate impact)?

There is no anticipated disproportionate impact on people with protected characteristics.

6. CONSIDERING THE IMPACT

If there is a negative impact what action can be taken to mitigate it? (If it is not possible or desirable to take actions to reduce the impact, explain why this is the case (e.g. legislative or

There is no perceived negative impact on those with protected characteristics.

financial drivers etc.).

What actions do you plan to take to address any other issues above?

No actions If no actions are planned state no actions

7. MONITORING AND REVIEWING

When will this assessment be reviewed and who will review it?

Prior to the 3 year expiry date of the PSPO Order. Environmental Enforcement Officers

Appendix 2 WEST LANCASHIRE BOROUGH COUNCIL ANTISOCIAL BEHAVIOUR CRIME AND POLICING ACT 2014 PUBLIC SPACE PROTECTION ORDER – (WEST LANCASHIRE BOROUGH COUNCIL) 2016 West Lancashire Borough Council in exercise of its powers under S59 of the Anti-Social Behaviour, Crime and Policing Act 2014 (the Act), being satisfied that the conditions set out in S59 of the Act have been met hereby makes the following Order: This Order comes into force on 1st April 2017 for a period of 3 years. The Order supersedes the following: The Fouling of Land by Dogs (West Lancashire) Order 2008 The Dogs Exclusion Order 2009 The Dogs of Leads Order 2009 The Dogs (Specified Maximum) Order 2009 The Dog on Leads by Direction Order 2009 The Order applies to the land specified in the attached Schedules and maps (where relevant) and should be read in conjunction with the same. Section 1 – General Provisions 1.1 Where specified, in this Order, “the Council” means West Lancashire Borough

Council. 1.2 A person who habitually has a dog in his possession shall be taken to be in charge

of the dog at any time unless at that time some other person is in charge of the dog 1.3 In relation to Section 2 & 6 of this Order the offence does not apply to a person

who: 1.3.1 - is registered as a blind person in a register compiled under Section 29 of the National Assistance Act 1948; or 1.3.2 – has a disability which affects his hearing, 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. 1.3.3 – each of the following is a “prescribed charity” for the purposes of this Order- (i) Dogs for the Disabled (registered charity number 700454); (ii) Support Dogs (registered charity number 1088281); (iii) Canine Partners for Independence (registered charity number 803680) (iv) Hearing Dogs for Deaf People (registered charity number 293358)

1.4 An “authorised officer of the Council” means an employee of the Authority who is

authorised in writing by the Council for the purposes of giving directions under this Order.

Section 2 – Dog Fouling 2.1 This Section applies to the land specified in Schedule 1 2.2 If a dog defecates at any time on land to which this Order applies and a person who is in charge of the dog at the time fails to remove the faeces from the land forthwith, that person shall be guilty of an offence unless –

(a) he has reasonable excuse for failing to do so; or

(b) the owner, occupier or other person or authority having control of the land has consented (generally or specifically) to his failing to do so.

2.3 For the purposes of this section –

(a) placing of faeces in a receptacle on the land which is provided for the purpose, or for the disposal of waste, shall be a sufficient removal from the land;

(b) being unaware of the defecation (whether by reason of not being in the vicinity or otherwise), or not having a device for or other suitable means of removing the faeces shall not be a reasonable excuse for failing to remove the faeces.

Section 3 – Specified Maximum Number of Dogs 3.1 This Section applies to the land specified in Schedule 1 3.2 A person will be guilty of an offence if, at any time, he takes onto any land in respect of which this Order applies more than six dogs per person, unless

(a) he has reasonable excuse for doing so; or (b) the owner, occupier or other person or authority having control of the land has

consented (generally or specifically) to his doing so. Section 4 – Dogs To Be Kept On Leads In Identified Areas 4.1 This Section applies to the land specified in Schedule 2 4.2 A person in charge of a dog shall be guilty of an offence if, at any time, on any land to which this Order applies he does not keep the dog on a lead, unless –

(a) he has reasonable excuse for doing so; or (b) the owner, occupier or other person or authority having control of the land has

consented (generally or specifically) to his failing to do so.

Section 5 – Dogs To Be Kept On Leads When Directed To Do So By An Authorised Officer 5.1 This Section applies to the land specified in Schedule 1 5.2 A person in charge of a dog shall be guilty of an offence if, at any time on any land to which this Order applies, he does not comply with a direction given to him by an Authorised Officer of the Council to put and keep the dog on a lead unless –

(a) he has reasonable excuse for doing so; or (b) the owner, occupier or other person or authority having control of the land has

consented (generally or specifically) to his failing to do so. 5.3 an Authorised Officer of the Council may only give a direction under this Order to put and keep a dog on a lead if such restraint is reasonably necessary to prevent a nuisance or behaviour by the dog causes or is likely to cause annoyance or disturbance to any other person on any land to which this Order applies or the worrying or disturbance of any animal or bird. Section 6 – Dogs To Be Excluded From Designated Areas 6.1 This Section applies to the land specified in 3 6.2 A person in charge of a dog shall be guilty of an offence if at any time he takes a dog onto, or permits a dog to enter or to remain on, any land to which this Order applies unless –

(a) he has reasonable excuse for doing so; or (b) the owner, occupier or other person or authority having control of the land

has consented (generally or specifically) to his failing to do so. Section 7 – Penalty A person who fails to comply with any obligation imposed by this Order is guilty of a criminal offence by virtue of section 67(1) of the Act and liable to a fine on summary conviction not exceeding level 3 on the standard scale. Fixed Penalty Notices In accordance with S68 of the Act an Authorised Officer may issue a fixed penalty notice (the Notice) of £75.00 to anyone he has reason to believe has committed an offence under this Order The fixed penalty notice is a notice offering the person to whom it is issued the opportunity of discharging any liability to conviction for the offence by payment of a fixed penalty to the Council. When a Notice is issued, no proceedings will be taken in respect of the offence before the end of the period of 14 days following the date of the Notice. If the person issued

with the Notice pays the amount due within the 14 day period he may not be convicted of the offence. Section 8 – Appeal If any interested person desires to question the validity of this Order on the grounds that the Council has no power to make it or that any requirement of the Act has not been complied with in relation to this Order, he may apply to the High Court within six weeks from the date on which this Order is made. Dated this day of 2017 The COMMON SEAL of WEST ) LANCASHIRE BOROUGH ) COUNCIL was hereunto affixed ) in the presence of: ) Authorised Officer

WEST LANCASHIRE BOROUGH COUNCIL ANTISOCIAL BEHAVIOUR CRIME AND POLICING ACT 2014 PUBLIC SPACE PROTECTION ORDER – (WEST LANCASHIRE BOROUGH COUNCIL) 2017 SCHEDULE 1 This Order applies to all land which is within the administrative area of the Borough of West Lancashire and which the public are entitled or permitted to have access with or without payment. The order will also apply to all Access Land within the Borough of West Lancashire within the meaning of S1(1) Countryside and Rights of Way Act 2000. …………………………………………………………………………………………………….

WEST LANCASHIRE BOROUGH COUNCIL ANTISOCIAL BEHAVIOUR CRIME AND POLICING ACT 2014 PUBLIC SPACE PROTECTION ORDER – (WEST LANCASHIRE BOROUGH COUNCIL) 2017 SCHEDULE 2 This Order applies to –

(a) all carriageways in the West Lancashire Borough Council Area (either public or to which the public have access with or without payment) with a speed limit of 40 miles per hour or greater and the adjoining footways, cycle tracks and verges (either public or to which the public have access with or without payment); and

(b) the areas outlined below and identified in the attached plans:

Part of Beacon Country Park Part of Coronation Park, Ormskirk Coronation Park, Skelmersdale St Helens Road Park, Ormskirk Alder Lane playing fields, Parbold

………………………………………………………………………………………………………

WEST LANCASHIRE BOROUGH COUNCIL ANTISOCIAL BEHAVIOUR CRIME AND POLICING ACT 2014 PUBLIC SPACE PROTECTION ORDER – (WEST LANCASHIRE BOROUGH COUNCIL) 2015 SCHEDULE 3 The areas outlined below and identified in the attached plans: Schedule of Borough Council "enclosed play areas" at:

Coronation Park, Park Road, Ormskirk, West Lancs Ennerdale/Tanhouse Park, Skelmersdale, West Lancs Cascades, Ormskirk Road, Skelmersdale, West Lancs Bracknel Way, Aughton, Ormskirk, West Lancs Abrams Fold/Lancaster Gate, Banks, West Lancs Appley Playing Fields, Appley Lane South, Appley Bridge, West Lancs Banksbarn, Digmoor, Skelmersdale, West Lancs Abbeystead, Gillibrands Road, Little Digmoor, Skelmersdale, West Lancs Fairhaven, Skelmersdale, West Lancs Banks Leisure Centre, Greaves Hall Avenue, Banks, West Lancs Hawksclough, Skelmersdale, West Lancs Holland Moor, Digmoor, Skelmersdale, West Lancs Mawdsley Terrance, Ormskirk, West Lancs Priory Close/Vicarage Gardens, Burscough, West Lancs Rees Park, Burscough, West Lancs Richmond Park, Burscough, West Lancs School Lane, Westhead, Ormskirk, West Lancs Stanley, Coronation Park, Skelmersdale, West Lancs Firbeck, Skelmersdale Town Centre, Skelmersdale, West Lancs Trinity Walks, Tarleton, West Lancs Broadacre, Upholland, Skelmersdale, West Lancs Dewberry Fields, Upholland, Skelmersdale, West Lancs Moy Park, Scarisbrick, West Lancs Willows, Victoria Park, Skelmersdale, West Lancs Southport Road, Scarisbrick, West Lancs Poppyfields, Hesketh Bank, West Lancs Eavesdale/Edenhurst, Skelmersdale, West Lancs White Moss Road, Skelmersdale, West Lancs Westhead (School Lane) Coronation Park, Ormskirk Halsall Lane, Ormskirk Westend, Ormskirk

Mawdesley Terrace, Ormskirk Pickles Drive, Burscough Rees Park, Burscough Richmond Park, Burscough Banksbarn, Digmoor Beacon Country Park,Up Holland Alderley, Little Digmoor Belvedere Way, Aughton Fairhaven, Birch Green Helmsdale, Birch Green Inglewhite, Birch Green Stanley Coronation Park, Old Skelmersdale Tanfields, New Church Farm Evington, Tanhouse Ennerdale, Tanhouse Abbeystead, Little Digmoor Daisy Way, Scarisbrick Greenhill, Old Skelmersdale Chequer Lane Beacon Park Hilldale Playing Field Bickerstaffe Playing Field

Schedule of Parish Council "enclosed play areas" at:

Winifred Lane, Aughton, West Lancs Redsands, Aughton, West Lancs Holt Green, Aughton, West Lancs Mere Avenue, Burscough, West Lancs Engine Lane, Great Altcar, West Lancs Memorial Hall, Halsall Road, Halsall, West Lancs Shore Road, Hesketh with Becconsall, West Lancs Glen Park Drive, Hesketh with Becconsall, West Lancs Schwartzmans Drive, North Meols, West Lancs Village Hall, The Green, Parbold, West Lancs Burnside, Parbold, West Lancs Village Hall, Smithy Lane, Scarisbrick, West Lancs Carr Lane, Tarleton, West Lancs Mill Lane, Up Holland, West Lancs Lawns Ave, Up Holland, West Lancs

Appendix 3 Proposed new areas where dogs are to be excluded.

LOCATION DESCRIPTION

Station Road, Hesketh Bank

Parish Council enclosed play area

Evermore Hub Enclosed sports area

Appendix 4

Proposed areas where Dogs will be required to be kept on a lead.

a. Ormskirk Cricket Club

b. Tarleton Cricket Club

c. Tarleton Rugby Club

Appendix 5

Public Space Protection Order Which area or areas do you disagree with? (Please select all that apply to you from the list below)

Answer Choice Response Percent

Response Total

1 Digmoor - Enclosed sports area, Evermore Hub 10.7% 13

2 Hesketh Bank - Enclosed children's play area, Station Road 13.1% 16

3 Tarleton - Cricket Club 86.1% 105

4 Ormskirk - Rugby Club 29.5% 36

5 Tarleton - Rugby Club 54.9% 67

answered 122

Appendix 6 (with redactions)

From: Tarleton Parish Clerk [mailto:tarletonpc@googlemail.com] Sent: 22 October 2019 14:12 To: Hill, Andrew <A.hill@westlancs.gov.uk> Subject: Re: Consultation re dogs

Andrew,

Tarleton Parish Council owns the recreation land at Carr Lane, Tarleton. At the October Council meeting it was resolved to support the Borough Council initiative to restrict dogs

on our grounds.

Our two main stakeholders Tarleton Corinthians Football Club and Tarleton Cricket Club both support the action as well.

Neil Leadbetter Tarleton Parish Clerk

Appendix 7

Appendix 8

(with redaction)

Signature

Name Address

Appendix 9

(with redaction)

Received 13 January 2020

An online petition Green Lane Fields / Ormskirk Rugby club Dog Control has now completed.

Statement: We the undersigned petition the council to NOT to make the Green Lane fields a controlled dog area

Justification: There are many, many more dog walkers that use the Green Lane fields than there are children playing. Also the children's area could very easily have a fence built around it to keep the dogs out as is the case in many other areas. Walking on there almost every day and there are whole weeks when no children are to be seen, even in school holidays the use is absolute minimal compared to the dog exercising. The simplest solution is to fence the children's area and request dogs on a lead when sport is being played, which dog owners most likely do already anyway. In this area the council are already going to take a HUGE chunk of green land on Churchfields for the new swimming pool, and so it is grossly unfair to put controls on Green Lane dog exercising area when Coronation Park is already being controlled and the ratio of use by children on the children's play area in Green lane being so small compared to that of the dog walkers. Submitted by: SUSAN LEA,

It has received 21 responses.