’
Cabinet Member Report
Date:
Subject:
31 March 2010
Dog Control Order for Westminster Cathedral Area
Summary
This report seeks authority to introduce a Dog Control Order in Westminster to:
i) make a dog control order on land within the Westminster Cathedral Area in the
Vincent Square ward in relation to: not keeping a dog on a lead;
by utilising legislative powers under the Clean Neighbourhoods and Environment Act
2005.
This report outlines the results of public consultation regarding the proposal and
recommends the implementation of the proposed dogs on lead control order.
Recommendations
That the Cabinet Member for Community Safety and the Cabinet Member for
City Management consider the responses to the public consultation and agree the
introduction of dog control orders in accordance with the provisions of the Clean
Neighbourhoods and Environment Act 2005, and give
(a) approval to make a dog control order within the Westminster Cathedral Area
within the area shown edged in red on the map attached as Appendix 1 in the
Vincent Square ward in relation to;
i.
not keeping a dog on a lead
(b) power to the Strategic Director for City Management to decide when the dog
control orders should be made and come into force.
(c) power to the Strategic Director for City Management to do all other things
necessary to implement the above mentioned dog control order
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City of Westminster
Cabinet Member:
Classification:
Title of Report:
Report of:
Wards involved:
Policy context:
Financial summary:
Cabinet Member Report
Cabinet Member for City Management
Cabinet Member for Community Safety
For General Release
Dog Control Orders for Westminster Cathedral
Area
Operational Director – Street Management
Vincent Square
Living City: Neat Streets
There is no direct cost to the council
Report Author:
Mark Chalmers
Contact details
Mark Chalmers
Telephone 020 7641 6032
Fax 020 7641 2486
mchalmers@westminster.gov.uk
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1. Background
1.1.
Dog nuisance in the Westminster Cathedral Area has been raised on a
number of occasions through the Vincent Square & St James’s South Safer
Neighbourhood Panel, stakeholder meetings and directly to the Council via
letter and e-mail. Concerns reported by residents relate primarily to the
nuisance and intimidation caused by dogs being exercised off leads in the
area in front of Westminster Cathedral.
2. Dog Control Orders
2.1.
In March 2008 a formal Cabinet Member report outlined in detail the
proposal to pilot the dog control orders in Westminster. Following public
consultation, the Cabinet Members agreed to proceed to make a City wide
dog control order in relation to the removal of dog faeces and to make other
dog control orders in two pilot areas, Queens Park ward and the Churchill
Gardens Estate in Churchill ward. These orders came in to force on 1
December 2009 and their success is due to be reviewed following the end of
the six month pilot period.
2.2.
Following complaints of dog-related nuisance and anti-social behaviour in
the Westminster Cathedral area, it was agreed that the Council would
proceed to consultation on proposals to make dog control orders in the
Westminster Cathedral Area.
2.3.
The public consultation contained two proposals. The first was for an order
that will require dogs to be kept on leads at all times in the Westminster
Cathedral area. The second was for an order that will only require a person
in charge of a dog to put a dog on a lead when requested to do so by an
authorised officer.
2.4.
The essential difference between the two proposals is that the first would
apply to all dog owners, including local residents, whereas the second
proposal would allow all dogs to be off a lead unless an authorised officer is
of the opinion that a particular dog needs to be on a lead.
2.5.
Advice from Legal Services is that either one or other order should be made
and that both orders are not appropriate or required for an area of this size.
2.6.
This report reviews the results of the public consultation and seeks Cabinet
Member approval to implement a dog control order in accordance with the
provisions of the Clean Neighbourhoods and Environment Act 2005.
2.7.
The proposal is to introduce a dog control order covering the area
immediately in front of Westminster Cathedral. The map of the proposed
area is attached as appendix 1. It is recommended that the order to require a
dog to be kept on a lead at all times within this area be approved.
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2.8.
Based on the evidence of the dog nuisance in the area, it is recommended
that the dogs on leads order be implemented, as this would be most effective
in tackling the identified problems. The benefits of this will be to encourage
responsible dog ownership and reduce the number of incidents of dogs out
of control, thereby reducing the fear of crime. In addition laws relating to
fouling will be easier to enforce as all dogs will be on a lead within the area.
2.9.
Any person found committing an offence contained in a Dog Control Order
will be issued with a fixed penalty notice (FPN) of £80. If the FPN remains
unpaid the Council may consider prosecuting the offender in court, which
could lead to a maximum fine of level 3 on the standard scale (currently
£1,000).
2.10.
A Statement of Decision dated 26 June 2009 in respect of the Cabinet
Member report to introduce dog control orders in the pilot areas of Churchill
Gardens and Queen’s Park gave the Strategic Director for City Management
the authority to appoint authorised officers for the purposes of Section 59 of
the Clean Neighbourhoods and Environment Act 2005 to issue fixed penalty
notices. This authority therefore covers to the enforcement of the dog
control orders in this proposal which will be undertaken by the same officers
as the pilot orders; these being City Inspectors, Police Community Support
Officers and the Council’s animal warden. The Metropolitan Police Service
(MPS) have formally agreed to enforce this legislation.
2.11.
The proposed measures to enforce this legislation will be twofold; firstly a
process of education followed by a period of targeted enforcement. The
education stage will be delivered by the City Guardians as part of their
regular deployments to the Westminster Cathedral area in the week prior to
implementation of the order. This will involve informing the public of the new
legislation and gathering intelligence for the forthcoming enforcement
operation. The initial targeted enforcement phase will consist of a number of
short enforcement operations over the first two weeks of the implementation
of the order by a City Inspector, supported by the local Safer Neighbourhood
team. Further operations will be on a reactive basis, where operations will
be planned in a similar manner, in response to intelligence collated from the
community and key partners.
2.12.
Prior to this Cabinet Member Report being issued, a copy was circulated to
the three ward members for Vincent Square ward for consultation.
3. Statutory consultation requirements
3.1.
In order to implement a Dog Control Order, the Clean Neighbourhoods and
Environment Act 2005, places an obligation on the council to carry out the
following statutory consultation:

consult with other primary or secondary authorities within the area of
the dog control order
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



3.2.
publish a notice of the proposal in local newspapers identifying the land
to which the order will apply and summarising the order
where the order refers to a map, state where a map may be inspected
state the period within which representations may be made in writing or
by e-mail being not less than 28 days from date of publication of the
notice
state the address and e-mail address to which representations may be
sent
In summary the consultation process for dog control order for the
Westminster Cathedral Area was as follows:





consultation was undertaken over a 30 day period
notices outlining the dog control orders were published in local
newspapers
details were also published on the WCC website
copies of the maps outlining the orders were available for inspection at
both one stop shops and libraries
an address and email address were included on material where
residents could make representations
3.3.
In order to meet the requirements of the Clean Neighbourhoods and
Environment Act 2005 the proposals were put to public consultation for a 30
day period between 15 January and 14 February 2010.
3.4.
The proposed draft orders were advertised in the Westminster Chronicle,
Fulham & Hammersmith Chronicle and Kensington & Chelsea Chronicle. In
addition details were published on the Westminster City Council (WCC)
website. A postal, e-mail address and a phone number were provided on
the website and in all publicity material.
3.5.
Copies of the draft orders and the consultation notice were also sent directly
to the key stakeholders: Land Securities, Motcomb Estates, Cathedral Area
Residents’ Group, Westminster Cathedral and The Kennel Club.
4. Results from the consultation
4.1.
There were no objections raised to the introduction of the proposed orders.
4.2.
There were two formal responses received in writing during the consultation
period, both via e-mail. A full set of written consultation responses form part
of the background papers and are available for inspection if required.
4.3.
One of the formal responses was from a representative of Westminster
Cathedral. They stated that whilst they are not anti dog and have no
objection to people exercising animals by walking across the area, they do
support the introduction of the proposed legislation requiring dogs to be on
leads.
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4.4.
The other formal response received was from the Chair of the Cathedral
Area Residents’ Group. This response did not express any overt support or
objection to the proposed orders. It did express concern that the area
covered by the proposed orders was too small and would cause
displacement. It did also state that Howick Place was another “dog running
free hot spot”.
4.5.
It is not possible to extend the boundary of the order as part of the current
proposal because the wider area has not been put out for public
consultation. At the time of going to consultation, there was no evidence of
dog-related nuisance or anti-social behaviour in the immediate vicinity of the
proposed area. Since that time, insufficient evidence has been received that
would indicate that the creation of a dog control order for a wider area would
be necessary, justified or proportionate.
4.6.
Early anecdotal indications from the pilot areas of Churchill Gardens and
Queen’s Park show no evidence of displacement so there is little reason to
anticipate displacement occurring beyond the area designated in this
proposal. Officers will however the monitor the Cathedral Area on an
ongoing basis through the CivicWatch process and if necessary, further dog
control orders for the wider area can be made.
4.7.
The response from the Chair of the Cathedral Area Residents’ Group also
expressed concern that the wording of the order would mean that
individuals, ie “minders”, left in control of a dog would not be liable for a
breach of the dog control order. Confirmation has been received from Legal
Services that the liability for any breach rests with the person in charge of the
dog. That is the person who habitually has the dog in their possession
(usually the owner) unless at the time some other person is in charge of the
dog. That means that any “minder” will be in charge when the dog is left with
them.
4.8.
At the end of the consultation period, the Council is required to consider any
representations before taking a final decision as to the making of the order.
All representations have been considered and the Cabinet Members are
asked to agree the proposed order as recommended.
5. Implementation of dog control orders
5.1.
If the Council decides to make the order, it must decide when the order will
come into force, which must be at least 14 days from the date on which it
was made.
5.2.
Subject to the recommendations of this report being approved the dog
control order will be made as soon as practicable. Prior to coming in to force
there is a need to:


fulfil the statutory requirements of the Clean Neighbourhoods and
Environment Act 2005 in relation to publicising the orders
manufacture and erect the signage advertising the orders
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
5.3.
train the officers responsible for enforcement of the orders.
A bespoke training programme will be delivered to all PCSOs and council
officers involved in enforcing the dog control order who did not receive
training prior to the introduction of the orders in the pilot areas. It will include
training on:



the different types of dog control orders - as to which orders are being
made in which locations
how to complete and correctly issue the fixed penalty notices (FPNs)
how to deal with situations that may occur when an individual is
presented with a FPN
5.4.
After making a dog control order, signs summarising the order are required
to be placed on the land to which the order applies and a notice must be
published in a local newspaper at least 7 days before the date the order is to
come into force.
5.5.
It is recognised that the Council will not contribute to the cluttering of streets
with unnecessary signage. Therefore the minimum amount of signs required
will be displayed utilising existing street furniture. It is proposed that three
A4 sized signs will be erected, one at each main entrance to the area. The
signage will follow the same corporate template currently in use in the pilot
areas as agreed by Legal Services and Communications and Strategy.
5.6.
Planned enforcement has been suggested for the two weeks following the
introduction of the dog control orders. Relevant departments and partners
have already confirmed commitment to carry out this enforcement. The
enforcement phase will follow a period of education whereby officers will
locally publicise the existence of the order and explain the penalties for
breaching them.
5.7.
In the wider context of enforcement, a person issued with a FPN for breach
of a dog control order will be referred through existing information sharing
forums. This is to ascertain if there is a pattern of anti-social behaviour that
requires further action by partner agencies.
6. Financial implications
6.1
There are no direct financial implications for the council. There will be a cost
for the signage that is required to fulfil the statutory legal requirements which
is anticipated to be in the region of £1000. This will be paid for out of the
Problem Solving Fund element of the Safer Stronger Communities funding
stream which is jointly allocated to appropriate bids via a panel made up of
senior Crime and Disorder Reduction Service and police officers.
7. Legal implications
7.1.
The legal implications are set out in the body of the report.
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7.2
It is the view of the Operational Director – Street Management and the Head
of Legal Services that the proposed dog control orders under the Clean
Neighbourhoods and Environment Act 2005 are a necessary and
proportionate response to problems caused by the activities of dogs and
those in charge of them in the Westminster Cathedral area.
8. Staffing implications
8.1.
There are no direct staffing implications relating to the implementation of the
proposed dog control orders.
9. Crime and Disorder Act 1998
9.1.
The proposed control orders fully support our statutory duty under the Crime
and Disorder Act 1998, to do all that is reasonable to reduce levels of crime
and disorder.
10. Conclusions and Reasons for the Proposed Decision
10.1.
This report outlines the results of the consultation process, which has shown
no public objection to the introduction of dog control orders within
Westminster the Westminster Cathedral Area. The implementation of the
proposed orders is expected to address anti-social behaviour problems
caused by the activities of dogs and those in charge of them.
10.2.
It is recommended that the Cabinet Member for City Management and the
Cabinet Member for Community Safety agree to proceed on the proposals
to: make a dog control order for the Westminster Cathedral Area, in relation
to;
 not keeping a dog on a lead;
10.3.
Cabinet member approval is therefore sought to introduce the dog control
order as set out in this report and in accordance with the Clean
Neighbourhoods and Environment Act 2005.
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IF YOU HAVE ANY QUERIES ABOUT THIS REPORT OR WISH TO INSPECT
ANY OF THE BACKGROUND PAPERS PLEASE CONTACT MARK CHALMERS
020 7641 6032 or mchalmers@westminster.gov.uk
LIST OF BACKGROUND PAPERS
1. Full set of written consultation responses
LIST OF APPENDICES
1. Map of proposed control area
2. Draft Order
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Declaration of Interest

I have no interest to declare in respect of this report
Signed ……………………………. Date ………………………………
NAME: Cllr Daniel Astaire

I have to declare an interest
State nature of interest ……..……………………………………………
………………………………………………………………………………..
Signed ……………………………. Date …………………………………
NAME: Cllr Daniel Astaire
(N.B: If you have an interest you should seek advice as to whether it is appropriate
to make a decision in relation to this matter.)
For the reasons set out above, I agree the recommendation(s) in the report entitled
Dog Control Order for Westminster Cathedral Area and reject any alternative
options which are referred to but not recommended.
Signed ………………………………………………
Cabinet Member for Community Safety
Date …………………………………………………
If you have any additional comment which you would want actioned in connection
with your decision you should discuss this with the report author and then set out
your comment below before the report and this pro-forma is returned to the
Secretariat for processing.
Additional comment: …………………………………………………………………
………………………………………………………………………………………….
………………………………………………………………………………………….
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Declaration of Interest

I have no interest to declare in respect of this report
Signed ……………………………. Date ………………………………
NAME: Cllr Danny Chalkley

I have to declare an interest
State nature of interest ……..……………………………………………
………………………………………………………………………………..
Signed ……………………………. Date …………………………………
NAME: Cllr Danny Chalkley
(N.B: If you have an interest you should seek advice as to whether it is appropriate
to make a decision in relation to this matter.)
For the reasons set out above, I agree the recommendation(s) in the report entitled
the reasons set out above, I agree the recommendation(s) in the report entitled Dog
Control Order for Westminster Cathedral Area and reject any alternative options
which are referred to but not recommended.
Signed ………………………………………………
Cabinet Member for City Management
Date …………………………………………………
If you have any additional comment which you would want actioned in connection
with your decision you should discuss this with the report author and then set out
your comment below before the report and this pro-forma is returned to the
Secretariat for processing.
Additional comment: …………………………………………………………………
………………………………………………………………………………………….
………………………………………………………………………………………….
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NOTE: If you do not wish to approve the recommendations, or wish to make an
alternative decision, it is important that you consult the report author, the Director of
Legal and Administrative Services, the Director of Finance and, if there are staffing
implications, the Head of Human Resources (or their representatives) so that (1) you
can be made aware of any further relevant considerations that you should take into
account before making the decision and (2) your reasons for the decision can be
properly identified and recorded, as required by law.
Note to Cabinet Member: Your decision will now be published and copied to
the Members of the relevant Overview & Scrutiny Committee. If the decision
falls within the criteria for call-in, it will not be implemented until five working
days have elapsed from publication to allow the Overview and Scrutiny
Committee to decide whether it wishes to call the matter in.
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Appendix 1
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Appendix 2
The Clean Neighbourhoods and Environment Act 2005
The Dog Control Orders (Prescribed Offences and Penalties, etc.) Regulations
2006 (S.I.2006/1059)
The Dogs on Leads (City of Westminster – Westminster Cathedral Area )
Order 2010
The Council of the City of Westminster hereby makes the following Order:
1. This Order comes into force on…………..
2. This Order applies to the land specified in the Schedule.
Offence
3. —(1) 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 a 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) For the purposes of this article 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.
Penalty
4. A person who is guilty of an offence under article 3 shall be liable on
summary conviction to a fine not exceeding level 3 on the standard scale.
The Common Seal of the Lord Mayor and Citizens of the City of Westminster
was hereunto affixed by order
This……………day of………………….2010
Head of Legal Services
jmv 533568343
SCHEDULE
This Order applies to the following:
All the area of land abutting; the southern footway of Victoria Street, the building
known as Ashdown House, Ambrosden Avenue, Westminster Cathedral, Morpeth
Terrace/Ashley Place, No. 25 Ashley Place and No. 155 Victoria Street, as more
particularly shown edged in red on the Map attached to this Order.
jmv 533568343