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.