Public Spaces Protection Order No 3: dog control (2017)

The Order

1. This Order is made by Great Yarmouth Borough Council ('the Council') under section 59 of the Anti-Social Behaviour, Crime and Policing Act 2014 ('the Act') and this order may be cited as the Great Yarmouth Borough Council Public Spaces Protection Order No.3.
2. The Council is satisfied that:
   1. Activities being the fouling of land by dogs, failure to control dogs and/or the presence of dogs carried on in the restricted areas as described below in article 5 and Schedules 1 and 2 have had or are likely to have a detrimental effect on the quality of life of those in the locality, or it is likely that these activities will be carried on in the restricted areas and they will have such an effect.
   2. The effect, or likely effect, of the activities is, or is likely to be, of a persistent or continuing nature and is, or likely to be, such as to make the activities unreasonable and justifies the restrictions imposed by this Order.
   3. The restricted areas in respect of articles 5(1) and 5(2) of this Order for the avoidance of doubt include but are not limited to all public highway including footway, verge and footpath, all public parks, pleasure grounds, sports grounds, recreation grounds, playing fields, cemeteries, beaches, foreshores, promenades and play areas where these are open to the public as of right or by virtue of express or implied permission.
3. Under section 67 of the Act it is an offence for a person without reasonable excuse to do anything that the person is prohibited from doing by a public spaces protection order, or to fail to comply with a requirement to which the person is subject under a public spaces protection order. A person does not commit an offence under S67 of the Act by failing to comply with a prohibition or requirement that the local authority did not have the power to include in the public spaces protection order.
4. This Order comes into force at midnight on 1 April 2017 for a period of three years unless extended under section 60 of the Act.
5. Requirements and prohibitions
   1. Fouling - failure to remove dog faeces 
      Subject to article 7 below if within the administrative area of the Council a dog defecates at any time on land to which the public or any section of the public has access, on payment or otherwise, as of right or by virtue of express or implied permission the person who is in charge of the dog at the time shall remove the faeces from the land forthwith.
   2. Dogs on leads by order
      A person in charge of a dog present on land within the administrative area of the Council to which the public or any section of the public has access, on payment or otherwise, as of right or by virtue of express or implied permission shall comply forthwith with a direction given to him by a Police Officer, Community Support Officer or an authorised Officer of the Council to put and keep the dog on a lead.
   3. Lead requirements 
      A person in charge of a dog shall keep the dog leashed at all times, (or during the period specified in respect of that land in Schedule 1 if a period is stated), when present on any land detailed in Schedule 1 of this Order being land to which the public or any section of the public has access, on payment or otherwise, as of right or by virtue of express or implied permission which land is more specifically marked in blue on the plans attached to this Order.
   4. Exclusion - dog ban 
      Subject to article 7 below a person in charge of a dog shall not at any time (or during the period specified in respect of that land in Schedule 2 if a period is stated) take the dog onto, or permit the dog to enter or remain on, any land detailed in Schedule 2 of this Order being land to which the public or any section of the public has access, on payment or otherwise, as of right or by virtue of express or implied permission which land is more specifically marked in green on the plans attached to this Order. (With the exception of the Council owned or managed fenced play areas, Multi Use Games Areas (MUGAs), skateparks and fitness areas. A list of these sites is available upon request from the Council and is also published on the Council's website).
6. Offence
   A person failing to comply with a requirement or prohibition set out in articles 5(1), 5(2), 5(3) or 5(4) of this Order shall be guilty of an offence unless:
   1. he or she has a reasonable excuse for failing to do so or
   2. the owner, occupier or other person or authority having control of the land has consented (generally or specifically) to his or her failing to do so
7. Exemptions 
   Nothing in part articles 5(1) and 5(4) of this Order shall apply to a person who:
   1. is registered as a blind person in a register compiled under section 29 of the National Assistance Act 1948 or
   2. is deaf, in respect of a dog trained by Hearing Dogs for Deaf People (registered charity number 293358) and upon which he relies for assistance or
   3. has a disability which affects his mobility, manual dexterity, physical coordination or ability to lift, carry or otherwise move everyday objects, in respect of a dog trained by a registered charity and upon which he relies for assistance
8. For the purpose of this order
   1. 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.
   2. Placing the faeces in a receptacle on the land that is provided for the purpose, or for the disposal of waste, shall be sufficient removal from the land to satisfy the requirement of article 5(1).
   3. The Council does not consider being unaware of the defecation (whether by reason of not being in the vicinity or otherwise), or not having a device for or other suitable means of removing the faeces is a reasonable excuse for failing to remove the faeces as required by article 5(1).
   4. For article 5(2) of this Order an 'authorised Officer of the Council' means an employee, partnership agency or contractor of the Council who is authorised in writing by the Council for the purposes of giving directions under this Order.
   5. In respect of article 5(2) of this Order a Police Officer, Community Support Officer or an authorised Officer of the council may only give a direction under this Order if in their opinion such restraint is reasonably necessary to prevent a nuisance or to prevent behaviour by the dog that is likely to cause annoyance or disturbance to any person, or to a bird or another animal.
9. Penalty
   A person who is guilty of an offence under this Order shall be liable on summary conviction to a fine not exceeding level 3 on the standard scale.

Schedule 1: land to which the dogs on lead requirement shall apply

• Promenade adjacent to the beach between Wellington Pier and Britannia Pier, Great Yarmouth, to operate from 1 May to 30 September each year
• Great Yarmouth (New) Cemetery North, Kitchener Road, Great Yarmouth
• Great Yarmouth (Old) Cemetery South, Kitchener Road, Great Yarmouth
• Great Yarmouth (Caister) Cemetery, Ormesby Road, Caister on Sea
• Promenade adjacent to the beach between the breakwater and Ravine, Gorleston, to operate from 1 May to 30 September each year
• Elder Green play area, Elder Green, Gorleston
• Hertford Way play area, Hertford Way, Gorleston
• Pine Green play area, Pine Green, Gorleston
• Clarendon Close (North) play area, Clarendon Close, Great Yarmouth
• Clarendon Close (South) play area, Clarendon Close, Great Yarmouth
• Dorset Close play area, Dorset Close, Great Yarmouth
• Howard Street South play area, Howard Street South, Great Yarmouth
• King Street Multi Use Games Area (MUGA), King Street, Great Yarmouth
• Sidney Close play area, Sidney Close, Great Yarmouth

As shown in these  Schedule 1 maps (PDF) [3MB] (opens new window) .

Schedule 2: land to which the dog exclusion/ban shall apply

• all Council owned or managed fenced play areas
• all Council owned or managed fenced fitness areas
• all Council owned or managed fenced skate parks
• all Council owned or managed Multi Use Games Areas (MUGAs) with the exception of King Street, Great Yarmouth
• Runham play area, Thrigby Road, Runham
• the beach between Wellington Pier and Britannia Pier, Great Yarmouth, to operate from 1 May to 30 September each year
• the beach between the breakwater and Ravine, Gorleston, to operate from 1 May to 30 September each year
• Magdalen Lawn Cemetery, Oriel Avenue, Gorleston
• Gorleston Old Cemetery, Magdalen Way, Gorleston

As shown in these  Schedule 2 maps (PDF) [1MB] (opens new window) .

Dated: 23 March 2017

The common seal of Great Yarmouth Borough Council was affixed in the presence of: 
Authorised Officer: Jane Beck, Director of Customer Services 
Great Yarmouth Borough Council

Challenging the validity of orders

An interested person may apply to the High Court to question the validity of:

1. This Order, or
2. A future variation of this Order

'Interested person' means an individual who lives in the restricted area or who regularly works or visits that area.

An interested person may apply to the High Court within six weeks from the date in which the Order is made, on the grounds that:

1. the Council did not have the power to make the order or variation, or to include particular prohibitions or requirements imposed by the Order (or by the Order as varied)
2. a requirement under Chapter 2 of the Anti-Social Behaviour, Crime and Policing Act 2014 was not complied with in relation to the Order or variation