Birstall Parish Council

The current orders cover:

• Not allowing a dog to foul and not clearing up (across the whole Borough except private and agricultural land)
• Dogs being excluded from fenced children's play areas
• Dogs being kept on a lead in certain area

The proposals in the consultation include maintaining the existing controls and also asking residents and other stakeholders if further controls may be considered.

It is important to note that any additional controls will only be considered where there is clear evidence of significant ASB activities, for example dog attacks. There will also be an additional resource needed to enforce so historical data and evidence will be reviewed when making any decisions. It will also need to meet the legal test below:

Power to make orders

(1) A local authority may make a public spaces protection order if satisfied on reasonable grounds that two conditions are met.

(2) The first condition is that—

(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.

(3)The second condition 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.

(4) A public spaces protection order is an order that identifies the public place referred to in subsection (2) ("the restricted area") and—

(a) prohibits specified things being done in the restricted area,

(b) requires specified things to be done by persons carrying on specified activities in that area, or

(c) does both of those things.

(5)The only prohibitions or requirements that may be imposed are ones that are reasonable to impose in order—

(a)to prevent the detrimental effect referred to in subsection (2) from continuing, occurring or recurring, or

(b)to reduce that detrimental effect or to reduce the risk of its continuance, occurrence or recurrence

To see more detail about the consultation, go to: https://www.charnwood.gov.uk/pages/currentconsultations

Complete the online survey by copying the link below: https://www.surveymonkey.co.uk/r/55DVFBS

You can request a paper copy from the Parish Council offices or by calling Nicky Gibson on 01509 634576 or emailing Nicola.gibson@charnwood.gov.uk » Less