That the Public Space Protection Order Extension Dog Fouling 2024, as attached to this Record of Decision, be extended from 8 April 2024 for a period of 3 years.

In making this order the Council is satisfied that dog fouling has had a detrimental effect on the quality of life of those who live and work in Torbay and that the effect, or likely effect of dog fouling was likely to be, of a persistent or continuing nature, and as such resulted in dog fouling being unreasonable.

An alternative option would have been to do nothing, however given the continuous and persistent nature of dog fouling within Torbay, this option was discounted.

This decision will be implemented immediately.

Torbay Council in exercise of its powers under Section 60 of the Anti-Social Behaviour, Crime and Policing Act 2014 and under all other enabling powers, extends the following order made on 8 April 2021 under Section 59 and may be cited as: Torbay Council Public Space Protection Order Extension Dog Fouling 2024.

The PSPO would apply to all public places within the Torbay Council area including but not limited to roads, footpaths, pavements, alleyways, beaches and foreshores, all grass verges and parks and open spaces including wooded areas.  For this purpose, a ‘public place’ means any land to which the public has access, on payment or otherwise, as of right, or by virtue of express or implied permission.

If a dog defecates at any time on land to which the PSPO applies, and the person who is in charge of the dog at the time fails to remove the faeces from the land forthwith, that person shall be guilty of an offence, unless:

(i)            That person has a reasonable excuse for failing to do so; or

(ii)          The owner, occupier or other person or authority having control of the land has consented (generally or specifically) to that person failing to do so.

None.