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If the person in charge of a dog fails to comply with the requirements of the order, they will be committing a criminal offence unless:-

  • they have the consent from the owner, occupier or person in charge of the land, not to comply with the order;
  • they have a reasonable excuse for failing to comply; or
  • they fall within one of the other exemptions within the order, such as the exemptions in the order for disabled people, assistance dogs and working dogs.

The person who normally has a dog in their possession is deemed to be in charge of the dog at any time, unless at that time of the offence, some other person is in charge of the dog.

This means that if your dog defecates in a public place or enters a children’s play area you will be responsible for it, unless you can show that somebody else was in charge of the dog at that time. If you have allowed someone else take your dog out for a walk, they will be in charge of it for the duration of the walk.

A person who is found guilty of an offence in the magistrates court is liable on summary conviction to a fine not exceeding level three on the court’s standard scale of fines, currently £1,000.

Yes, a fixed penalty notice may be issued to a person who breaches this order, offering them an opportunity of avoid prosecution by paying a fixed penalty of £100 within 14 days. 

In most cases, the council will issue a fixed penalty notice to someone who breaches the order. However, we may decide to prosecute them instead, if we consider it more appropriate to do so. For example, we may consider prosecuting someone rather than issuing a fixed penalty notice if they behave inappropriately towards our enforcement officers, or if they have previously been issued with a fixed penalty notice for similar behaviour.

The fixed penalty is £100 and we allow 14 days to pay it. We also operate an early payment scheme, which allows a reduced amount of £50 to be paid within 10 days.

If you fail to pay the fixed penalty, it is likely that you will be prosecuted in the magistrate’s court.

Our staff will be authorised to enforce the orders.

PSPO's can be enforced by officers who are authorised to do so by the council. This can include a person who is not an employee of the council, such as employees of a contractor or a partner agency.

Police Officers and Police Community Support Officers (PCSO’s) can also issue fixed penalty notices.

Page updated on: 01/07/2016

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