Our policies, plans and strategies - Public Space Protection Order - Enhanced Dog Control Powers

Record details

About this page

As of the 1 June 2016 a Public Space Protection Order (PSPO) in relation to enhanced dog controls has taken effect across the Harborough District and replaced a number of out of date by-laws to create a more comprehensive and consistent approach when dealing with issues such as dog fouling, and other forms of irresponsible dog ownership.

In summary this order makes it an offence to fail to:

  • Pick up after your dog (dog mess) - this will now include all land to which the public can gain access including agricultural land
  • Put a dog on a lead when directed to do so by an authorised officer – this allows council officers to direct that a dog is put on a lead when it is causing nuisance and/or danger to other persons and their dogs
  • Provide at the request of an authorised officer the means to pick up after a dog

Any breach of the Order could result in the issuing of a £100 fixed penalty notice or being taken to court and receiving a fine on conviction of up to £1000.

Challenging the order

Any challenge to this order must be made in the High Court by an interested person within 6 weeks of it being made. An interested person is someone who lives in, regularly works in, or visits the restricted area. This means that only those who are directly affected by the restrictions have the power to challenge. Interested persons can challenge the validity of this order on two grounds:

  • That the authority did not have power to make the order or to include particular prohibitions or requirements
  • That one of the requirements of the legislation, for instance consultation, has not been complied with

When an application is made the High Court can decide to suspend the operation of the order pending the court’s decision, in part or in totality. The High Court has the ability to uphold the order, or quash it, or vary it.

The Public Space Protection Order will be in place for a period of 3 years from the start date.