I
t
e
m
City of Westminster
Decision-maker
Date
CABINET MEMBER
FOR STREET
ENVIRONMENT
CLASSIFICATION:
FOR GENERAL RELEASE
Title of Report
Adoption of the Dogs (Fouling of
Land) Act 1996
Report of :
Director of Environment and
Leisure and Director of Legal and
Administrative Services
Wards Involved
All Wards
Policy Context
The report is intended to further the key Civic
Renewal objectives of Clean Street and Civic
Guardianship.
Financial Summary
There are no financial implication arising from
the Recommendations contained in this Report.
1
Summary
1.1
The purpose of this Report is to inform and seek an approval from the
Cabinet Member for Street Environment for proposals to designate land
pursuant to the Dogs (Fouling of Land) Act 1996.
1.2
The Report describes how the Act will operate in practice and the
measures required to make the Designation Order.
2
Recommendations
2.1
That the Cabinet Member agrees in principle to the making of a
Designation Order.
2.2
That the Cabinet Member authorises that the procedures for making
the Designation Order are undertaken in accordance with the
provisions contained in the Dogs (Fouling of Land) Regulations 1996.
N
o
.
3
Background Information
3.1
Fouling by Dogs is a constant problem within Westminster. The City
Council receives hundreds of complaints regarding dog fouling each
year. Issues around dog fouling have also been raised at the
Bayswater Area Forum and the South Area Forum.
3.2
There are currently three sets of Byelaws relating to dog fouling. The
first two sets of Byelaws came into force on 13th July 1987. One set
relates to public walks, pleasure grounds and open spaces. The
second set relates to the use of recreation grounds and other land
provided in connection with housing. The third set of Byelaws came
into force on 1 October 1993 and relates to footways, footpaths, grass
verges, pedestrianised areas, gutters and carriageways.
3.3
The maximum penalty for a breach of the Byelaws is set at level 2
(currently £500), and there is no provision for issuing fixed penalty
notices to offenders. These Byelaws are rarely enforced as they have
been used more for educational purposes. In other words, people in
charge of dogs have become aware of the need to remove dog faeces
from public places. When advised of the requirements contained in the
Byelaws, they have complied with them. Only occasionally has there
been a need to issue cautions and warnings. However, all Byelaws
relating to dog fouling will cease to have effect on 17 August 2006.
3.4
The Dogs (Fouling of Land) Act was passed in 1996, giving adoptive
powers to Local Authorities to impose enforcement measures on
members of the public who do not clean up after their dogs on
designated land. The Act allows for higher penalties than the Byelaws.
The maximum fine under the Act is set at level 3 (currently £1000).
Furthermore, the Act empowers the City Council to operate a fixed
penalty scheme, which enables City Council officers and contractors
and their staff to issue fixed penalty notices. The fixed penalty is set at
£50.
4.
Proposal for a Designated Control Area throughout Westminster
4.1
It is proposed that the new controls will apply to any land in
Westminster which is open to the air and to which the public are
entitled or permitted to have access with or without payment other than:
 Land which is specifically exempted under the Act, and
 The Royal Parks (St James's Park, Green Park, Hyde Park,
Kensington Gardens and part of Regent's Park).
4.2
The land which is specifically exempted includes agricultural land,
marshland and other land which is not relevant to Westminster.
However, it also includes:
 Carriageways with a speed limit of more than 40 mph, (specifically
Westway and Park Lane).
5
Consultation
5.1
The procedure for making a designating order under The Dogs (Fouling
of Land) Regulations 1996 involves the following:
 The Council must publish the proposal in a local newspaper. It is
recommended that the proposal also be made available to the
public in libraries and One-Stop Services.
 The Council must consider any representations made within 28
days of publication of the proposals.
5.2
The Council must also give publicity to the new designation order by
publishing a notice in a local newspaper at least 7 days before the
designation order comes into force. Copies of the order will be
available for inspection at Council libraries and One-Stop Services.
5.3
As part of the contract, the Dog Warden carries out a schools
awareness campaign. It is proposed that the provisions of the Act are
incorporated into this programme.
6
Bins and Signs
6.1
The Act does not stipulate that dog bins be provided by the Council.
This Report advises that none should be provided, as they are prone to
vandalism and misuse and can also create public health hazards.
6.2
The Act also does not require signs to be erected on or near to the
designated land. This could result in the removal of the existing signs
and an ongoing saving resulting from maintenance and replacement of
existing signs. However, a Circular issued in 1996 by what was then
the Department of the Environment indicates that it is envisaged that
some signs will be provided as a means by which the local community
can be kept informed. The likely approach is that some signs may be
provided in high profile areas or areas which are particularly prone to
dog fouling.
7
Financial Implications
7.1
The Cost of implementing the scheme can be met from within existing
budgets. The existing Dog Warden contract provided by contractor
SDK (Kilsyth) is worth £34,000 per annum but already covers the
additional duties arising from implementation of the Act. Therefore no
direct cost will be incurred.
7.2
Legal Costs: £2000 - £3000.
7.3
Administration Costs: printing and production of fixed penalty notices
and updating signage are estimated to be less than £10k.
8
Legal Implications
8.1
The legal implications have been fully addressed in this report. If
approval is given to pursue the designation of the City of Westminster
as a dog fouling control area, the procedure adopted will be in
accordance with The Dogs (Fouling of Land) Regulations 1996. These
Regulations were made pursuant to Section 2 (3) and (4) of the Dogs
(Fouling of Land) Act 1996.
9
Staffing Implications
9.1
The contract with SDK Kilsyth already includes the Dog Warden’s
responsibilities to enforce the Act. Therefore implementation would not
affect the current contract. No additional fees are anticipated. Council
officers and contractors already enforce the existing dog fouling
Byelaws, albeit that, as explained above, this tends to be mainly an
educational function rather than one leading to court procedings.
10
Crime and Disorder Act
10.1
The Council has a duty under Section 17 of the Crime and Disorder Act
to exercise it's functions with due regard to the likely effect of the
exercise of those functions on, and the need to do all it reasonably can
to prevent, crime and disorder in its area. This particular function is
specifically designed to combat the nuisance caused by dog fouling.
11
Human Rights Act 1998
11.1
The procedures for designating public places pursuant to the Dogs
(Fouling of Land) Act 1996 are compatible with the Conventions rights.
The powers that can be exercised by authorised officer once the
designation order is in force are designed to combat the problems
caused by dog fouling within Westminster. Consequently they also
protect the rights and freedoms of members of the public who might
otherwise be affected by such an activity.
12
Conclusion
12.1
The adoption of the Dogs (Fouling of Land) Act 1996 across the City
will greatly assist in the enforcement against irresponsible dog owners.
The existing Byelaws have been ineffective in combating dog fouling,
and it is expected that the new Act will ensure cleaner streets across
Westminster. This fits in with Civic Renewal Key objective 4, Clean
streets and Key objective 5, City Guardian.
Background Papers
1.
2.
3.
Removal of Canine Faeces Byelaws relating to public walks, pleasure
grounds and open spaces, which came into force on 13th July 1987.
Removal of Canine Faeces Byelaws relating to the use of recreation
grounds and other land provided in connection with housing, which
came into force on 13th July 1987.
Removal of Canine Faeces Byelaws relating to footways, footpaths,
grass verges, pedestrianised areas, gutters and carriageways, which
came into force on 1st October 1993.
IF YOU HAVE ANY QUERIES ABOUT THIS REPORT OR WISH TO
INSPECT ANY OF THE BACKGROUND PAPERS, PLEASE CONTACT
PAUL REID ON 020 7641 2831; EMAIL ADDRESS preid@westminter.gov.uk.
For completion by Cabinet Member

Declaration of Interest
I have no interest to declare in respect of this report
………………………………. Signed ……………………………. Date
I have to declare an interest
State nature of interest ……..…………………………………………
…………………………………………………………………………….
………………………………….. Signed ……………………………. Date
(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
and reject any alternative options which are referred to but not recommended.
Signed ………………………………………………
Cabinet Member for ……………………………….
Date …………………………………………………
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 Personnel (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: The decision will now be published and
copied to the Members of the relevant Overview & Scrutiny Committee
and may 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 it in.