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Wednesday, 19 November 2014 17:50

Responsible Dog Owners Need not Read This!

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Responsible Dog Owners Need not Read This!Legislation on dogs has proved hazardous ground for politicians from the Dog Licence to the Dangerous Dogs Act. When the British love of dogs comes up against our law makers, problems usually ensue.

There is, however, clearly a problem with some dogs, and more specifically some dog owners, and their impact on neighbours and wider communities. A few cases are immeasurably worse and, as we have seen on several occasions recently, dogs can kill.

Additional powers were granted to the police and local authorities last month under the Anti-social Behaviour, Crime and Policing Act 2014, designed to give them greater flexibility when dealing with irresponsible dog owners and incidents involving dogs. These powers include acceptable behaviour contracts (ABCs), community protection notices (CPNs) and public spaces protection orders (PSPOs). 

All are designed to give greater flexibility in tackling irresponsible dog owners and incidents involving dogs. The Act also amended Part 7 of the Dangerous Dogs Act 1991 to extend the offence of a dog being “dangerously out of control” to all places, including private property where the dog has the right to be and to make explicit that an attack on an assistance dog is an aggravated (more serious) offence. 

These powers (see below) should not pose a problem for responsible dog owners and it's important to note that ABCs are not legally binding and non-statutory; that CPNs can only be imposed where behaviour is unreasonable and persistent; and that PSPOs are not considered as being capable of applying to the normal activities of working dogs.

Acceptable Behaviour Contracts (ABCs)

These are not legally binding and non-statutory agreements which are designed to enable local authorities to address problems associated with dogs and to try and persuade an irresponsible owner to reform. The guidance suggests that ABCs can be used where behaviour could escalate into more serious incident but does not does not currently meet any statutory thresholds for formal powers.

Community Protection Notices (CPNs) 

These are designed for “low-level” incidents including failing to control a dog and includes causing nuisance to other people or animals. However, such behaviour has to “be having a detrimental effect on the quality of life of those in the locality; be both “persistent and continuing” and “be unreasonable”. A written warning must be issued before a CPN is issued. This is to allow the owner of the dog the opportunity to address any concerns before a CPN is issued. Breach of a CPN is a criminal offence.

Public Spaces Protection Orders (PSPOs)

PSPOS will replace and allow for similar restrictions as Dog Control Orders. They can be used to exclude dogs from certain areas or require dogs to be on leads etc. The guidance on these new powers states that “having a reasonable excuse is a defence for failing to comply with a PSPO”; that “ PSPOs are not intended to restrict the normal activities of working dogs” and that “these activities are not envisaged to meet the threshold for the making of a PSPO.

2 comments

  • Comment Link Johnny Smith Friday, 28 November 2014 11:06 posted by Johnny Smith

    Can we also try to instruct dog owners that its not socially acceptable to let their pets smell & then scent any public structure. If you keep a tight lead & train your dog you can avert this behaviour & prevent the corrosive ammonia/acid effect their scenting has on buildings, gates, etc.
    I once politely pulled up a mature lady in Twickenham who let her large dog relieve itself on the wall & box plants outside an estate agents & was called amongst other things a middle-class idiot.
    Kind of think some dog owners think all morale reasoning goes out of the window when it applies to them & their 'pets'.

  • Comment Link ScoobyDo Monday, 24 November 2014 22:29 posted by ScoobyDo

    I think it would be helpful to publish the law on control of dogs in the newsletter, it might help some people understand that they are actually breaking the law if their dog is not under control in a public place. Most dog owners are extremely responsible but there are a few around who are letting the side down.

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