Agenda item

Public Spaces Protection Orders consultation

Minutes:

Five members of the public had registered to speak on this item.  The following points were made by the members of the public:

 

Martin Huscroft represented Kilmington Cricket Club and advised that the Club had seen a large reduction in recorded dog fouling incidents following the introduction of the PSPO. The continuation of the dogs on leads PSPO was supported as it would positively address the issues of dog fouling and dogs running free and causing a nuisance.

 

Ash Cook represented the Kilmington Playing Field Committee and noted that the Playing Field was distinct from the Kilmington Recreation Ground which was referred to in the consultation. It was requested that any further final PSPO document referred to the Playing Field. The Playing Field Committee opposed the introduction of dogs off leads for a large part of the day, as this would inevitably result in increased dog fouling with the associated risks to public health, including the potential for dog attacks which was a growing national problem. The Playing Field Committee supported retaining the current dogs on leads PSPO.

 

Yvette Turner represented the Kilmington Dog Walking Group and advised that the school and Cricket Club only use a part of the Playing Field during the summer months.  There are no suitable alternative areas in Kilmington which elderly or less mobile residents can access to exercise their dogs off lead safely. Off lead exercise is also highly beneficial for dogs’ well-being. Ms Turner outlined a compromise position which would restrict dogs on leads to the summer months only: Kilmington Dog Walkers Association proposed that the dog on lead requirement should be removed and a new dog exclusion requirement between 10am and 6pm from 1 May to 30 September is applied. This compromise had worked well in other parts of Devon and the Dog Walking Group requested the Committee to support the compromise.

 

Sandra Ward highlighted the need for a place where disabled people and those with mobility issues can exercise their dog safely off the lead. Currently disabled people and those with impaired mobility have to use country lanes which can result in dangerous incidents such as Ms Ward had experienced when walking her dog. The compromise position worked in other parts of the country and took account of the Council’s legal obligations and the needs of the whole community.

 

Robert Kathro addressed the Committee with regard to Exmouth Donkey Field and Exmouth beach. Mr Kathro advised that he had regularly observed dogs off lead on the beach during restricted times and had submitted complaints in previous years. Mr Kathro had been advised by the Council that his complaints would be treated as vexatious. A volunteer survey this summer had witnessed 53 dogs off lead on Exmouth beach and members of Mr Kathro’s family had personally experienced a distressing incident involving a dog off lead.  A compromise position for Exmouth beach could include a stretch which prohibited dogs at all times to enable everyone to enjoy use of the beach.

 

Angela Ashwin also addressed the Committee and expressed concern that local people are unable to use the beach anymore due to the large number of dogs.  The time restriction prohibiting dogs between 10am and 6pm during the summer season is not relevant for local people who use the beach outside those times.  Beach activities such as lying on the sand, picnics and children playing are being made impossible due to the intrusion of dogs and dog faeces left behind.  Requests to owners to remove their dog have been met with an abusive response.  Ms Ashwin asked the Committee to ensure that the beach is kept for the citizens of Exmouth to enjoy without the problems which dogs are causing.

 

The Chair thanked the public speakers for their contributions.

 

The Portfolio for Environment – Operational, Cllr Geoff Jung, commended the report to the Committee.

 

The Assistant Director – Environmental Health introduced the report and provided a short presentation which highlighted key points.

 

The Council currently has three PSPOs in place covering dog control, seashores and promenades and anti-social behaviour dating back to 2023. The Council has carried out a review of these PSPOs to ensure that the three-year review period is met and to assess if the controls are still required and if so whether they need to be amended. This included public consultation. It is recommended that the evidence supports the ongoing use of PSPOs but changes to existing controls require three new orders.

 

Responses to questions and discussion included the following points:

·        The public might be interested to understand the differences in the figures for 2024 and 2025 as shown in the presentation;

·        Concern was expressed about dog owners not abiding by the rules on Exmouth beach;

·        Insufficient enforcement capacity is a major issue;

·        Dog owners who have a disability should be supported;

·        Fines should be issued in order to communicate the messaging clearly;

·        People should be the priority rather than dogs;

·        The impact of aggressive dog behaviour or dog faeces can be long-lasting;

·        Messaging in tourist areas should be clear to ensure that visitors are aware of controls;

·        It was noted that no fixed penalty notices had been issued in the previous two years as personal details of those involved could not be collected;

·        Officers’ concern to ensure the safety of EDDC staff was noted following aggressive abuse towards an EDDC officer from a member of the public on Exmouth beach;

·        Mixed messaging and variations in the timings of controls across the district may lead to confusion;

·        It is important that dogs are socialised properly and have sufficient exercise to prevent problems occurring;

·        Only a small minority of dog owners do not act responsibly;

·        It should be borne in mind that dog owners visiting Exmouth to exercise their dogs also contribute to the local economy;

·        Residents of Kilmington have to access the Playing Field via narrow lanes and footpaths could be improved to enable greater access for disabled people;

·        A very clearly defined demarcation between dog-friendly and prohibited areas on Exmouth beach, using obvious landmarks such as the lifeboat station, could be beneficial;

·        Any changes to controlled areas on Exmouth beach should take account of life-guarded areas for swimmers.

 

The following recommendations were agreed:

 

 

RECOMMENDED TO CABINET:

 

 

1.     That the evidence supports the ongoing need for public space protection orders in relation to the control of dogs, seashores and promenades and anti-social behaviour and consumption of intoxicating substances;

 

2.     That Cabinet discharge the three Public Spaces Protection Orders from 2023 in March 2026;

 

3.     That Cabinet approves three new East Devon Public Spaces Protection Orders for 2026 as attached to the report, with the exception of the PSPO for Exmouth seafront which the Overview Committee recommends should remain as it currently stands and that further consultation should be undertaken, if necessary, with a view to extending and clearly defining the areas where dogs are either permitted or prohibited.

 

 

Supporting documents: