The Head of Operations – Community Services presented a joint report with the Chief Executive, asking Cabinet to note the results of the consultations on the creation of Public Space Protection Orders, noting that the grounds had been met and creating 4 new PSPO’s.

He explained that a Local Authority could make a PSPO if it was satisfied on reasonable grounds that it was likely that activities would be carried on in a public place within that area and that they would have a detrimental effect on the quality of life of those in the locality which was likely to be of a persistent or continuing nature such as to make the activities unreasonable and justified the restrictions imposed by the notice. He added that PSPOs were designed to ensure the law-abiding majority could use and enjoy public spaces, safe from anti-social behaviour. Breach of a PSPO was a criminal offence and enforcement officers could issue a fixed penalty notice of up to £100 or following a conviction, a fine of up to £1000.

The Head of Operations – Community Services outlined the 5 Designated Public Places Orders and the 2 Gating Orders already in place. In October 2017 the DPPOs and Gating Orders migrated under the 2014 Act to become PSPOs. A report was submitted to Cabinet on 24^th June 2017 seeking approval to consult on the new PSPOs and to consider whether any other PSPOs could be made. The first twelve week consultation ended in November 2017. He outlined the consultation process and a summary of the responses received. It was then agreed to delay a report to Cabinet for a further consultation on dog fouling to be undertaken. This concluded in February 2019 and details of the consultation process were included in the report, including the response from the Kennel Club.

The Head of Operations – Community Services outlined the financial implications for implementing the four orders and added that a request would be sent to partners asking for a financial contribution to the costs.

The Cabinet member for Communities explained that as reported to Cabinet in April, this was the second part of the process which addressed dog fouling issues. He added that the orders applied to all areas where the public had access. He referred to point 4.35a and was pleased to note that one of the conditions related to moving and depositing the dog faeces in a bag or other suitable means for collection which should then be left in a litter bin or an allocated bin or taken home. This should address the issue of bags left in bushes or hanging from trees.          

The Cabinet Member for Social Services and Early Help asked if the authority had sufficient bins within the designated areas. The Head of Operations – Community Services replied that there was a good selection of bins within the borough and many of them were dual use. If a resident found themselves in an area where there were no immediate bins then they would be expected to take the bag home. This was an issue with public behaviour rather than accessibility. 

The Cabinet Member for Wellbeing and Future Generations referred to point 3.3 of the report relating to activities being carried out in a public place that were likely to be detrimental to the local community’s quality of life, and asked if data from the Police was used to support the introductions of a PSPO.  She was pleased to see that there had been consultation with the RSPCA and the wider audience rather than just residents. The Head of Operations – Community Services explained that the police were part of the consultation and they provided historical evidence for these areas which added to the justification. He added that the RSPCA and the Kennel Club were watching consultations outcomes around the country particularly in relation to a complete ban on sports pitches. The kennel Club were arguing against a complete ban on sports pitches and apart from that were broadly aligned to what the authority wanted.  

The Cabinet Member for Communities asked the Head of Operations – Community Services to clarify the areas covered by the PSPO relating to Dog Fouling. He explained that it did not apply to areas such as back gardens or privately owned land but officers could take action on public open space.   

The Leader welcomed the report and the proposals. He said that it was important to make the public aware that they could be fined if they failed to clean up after their dogs and they were trying to help dog owners by installing more than 17 stations where they could access bags and over 100 bins across the borough, particularly in Porthcawl. It was also important to warn residents that some people were impersonating enforcement officers and that they should check identity badges and that enforcement officers would never ask for money up front.  

RESOLVED:           Cabinet:

i.               noted the results of the consultations on the creation of four Public Space Protection Orders (PSPOs);

ii.             noted that the grounds, as set out in paragraph 3.3 of the report, were met; and,

in light of the outcome of the consultation and the grounds being met, agreed to create 4 new PSPOs as set out in paragraph 4.10 and 4.35 of the report and at Appendix 1 (Prohibit Alcohol & Installation of gates) and Appendix 7 (Dog Controls) of the report.