LTB 651/15 New laws to tackle nuisance dogs came into force

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LTB 651/14 New laws to tackle nuisance dogs come into force today 20 October 2014


No. 651/14

Ref P18/14

Date: 20 October 2014



To: All Branches



Dear Colleague,

New laws to tackle nuisance dogs come into force today 20 October 2014

Further to LTB 311/14 and the major article published in the April/May postal edition of CWU Voice magazine, changes to the Dangerous Dogs Act 1991 were introduced, following the successful, high profile CWU "Bite-Back" campaign spearheaded by the Union's National Health, Safety and Environment Officer Dave Joyce. In summary, the Law was extended to private land where 75 per cent of attacks on CWU members occur and new harsher prison sentences and fines came into force.

A second phase of new legal changes by way of additional 'preventative measures' are now being introduced today, 20th October 2014 and new powers are now available in England & Wales for Councils, Dog Wardens and the Police to tackle menacing or nuisance from dogs. It's not a crack-down on dog owners but it is a crack-down on irresponsible dog owners.

The 'headline' power that is being featured in the media is for "Community Protection Notices (CPN)". The grounds for the issuing of a "CPN" are that there must be conduct:-

(A) which is having a detrimental effect on the quality of life for those in the locality, and
(B) which is persistent or continuing, and which is unreasonable

The first step is for an enforcer (Police Officer of Local Council Enforcement Officer or Dog Warden) to serve a written warning and if that doesn't stop the nuisance then a CPN can be served specifying measures, which may include keeping the dog on a lead at all times, muzzling, banning the dog from certain places, keeping the dog in a secure place or attending dog training etc. If there is a breach of the CPN requirements then a Fixed Penalty £100 Notice can be issued or the owner can be prosecuted and face a £2,500 maximum fine, for an individual.

Also, there will be a phasing out of any existing Dog Control Orders (DCO) as they will be replaced by Public Spaces Protection Orders (PSPO). If there are activities taking place in a public place (eg a park or play area) which are having (or are likely to have) a detrimental effect on quality of life. Under these new rules Councils can ban dogs completely from public parks, children's play areas and open spaces etc and will no longer have to advertise the proposal to do so in a local newspaper although it must still be published (details have not been set out on what this entails). Neither a parish nor a community council has the power to make a PSPO.

If a PSPO is made it must be published on the Council's website and notices erected that the Council considers sufficient. If there is a breach, for example by a dog owner taking a dog into a park or onto an open space where a PSPO is in force then a Fixed Penalty Notice of £100 maximum can be issued on the owner or the owner can be prosecuted and face a maximum £1000 fine.

Yours sincerely



Tony Rupa

Acting National Health, Safety& Environment Officer