SUMMARY/PURPOSE
1.
To make a single byelaw with respect to the
seashore under s82 and 83 of the Public Health Acts Amendment Act 1907 and s235
of the Local Government Act 1972 .
BACKGROUND
2.
Requests have been made to the Council
requesting that the beaches set out below are designated dog free during the
summer months (1 May to 30 September):
The beach from the eastern defence wall of the
Ryde Harbour, easterly to Cornwall Slipway Ryde.
The beach from the eastern edge of the first
set of steps eastwards from the slipway opposite the public toilets at east
Cowes Esplanade for approximately 100 meters to the western edge of the next
set of steps.
Extension to the beach ban area at Springvale
Extension to the beach ban area at Seaview
Extension to the beach ban area at Sandown
3.
One of the Seaside Award’s criteria is that relevant beaches have to be
covered buy Dogs on the Seashore Byelaw.
4.
On 22 November 2001 following a report
to the Executive, Full Council resolved to apply to the Department of the
Environment Food and Rural Affairs (DEFRA) to implement new dog on the seashore
beach byelaws, to extend some of the existing areas and to consolidate them all
in to a single document.
5.
During the final
consultation period when a press advertisement was published an objection was
received by DEFRA. This objection was referred back to the Council for formal
consideration.
6.
DEFRA request an amended resolution. The objector has raised the
following issues which members are invited to consider when deciding whether to
make the byelaw:
1.
The route on and off the beach at Sandown is too steep
2.
The route is often blocked by the inshore rescue tractor.
7.
The Council’s Esplanade and Beaches
Officer has responded to these matters as follows:
‘I have personally looked at the
slipway and do not feel that even the elderly would find it hard to use. I
therefore can not justify the need to allocate extra funding to install hand
rails.’
‘With regards the obstruction of
the tractor for the rescue boat, this only happens in the case of emergency
which I am sure you will agree is acceptable in these cases. The equipment is
normally kept in their building until they receive a call.’
STRATEGIC CONTEXT
8.
Recommended Byelaws are constant will
the following Corporate Objectives:
1.
Improving health, housing and the quality of life for all.
2.
Creating safe and crime-free communities.
CONSULTATION
9.
The consultation process for byelaw applications is specific and objections
are received by DEFRA following the Council’s advertisement in the County
Press.
10.
During consultation carried out by the Authority, dog organisations,
Parish Councils and local Councillors were consulted. Signs were also placed at
beaches where any amendments were being proposed. No objections were received from these consultees.
FINANCIAL/BUDGET IMPLICATIONS
11.
There will be minimal costs of providing new signage and printing of the
new byelaws. These costs can be covered by existing budgets.
12.
No extra funding is required.
LEGAL IMPLICATIONS
13.
The Byelaw would make such a nuisance
an offence liable on summary conviction to a fine not exceeding level 2 on the
standard scale. This is currently £500.
Enforcement responsibilities would rest with authorized Council Officers and on
contracted dog wardens.
14.
In coming to a resolution to adopt the draft
byelaw, consideration should be given to the rights set out in article 8 of the
European Convention on Human Rights and the interference this byelaw will have
on those persons who wish to exercise their dogs on the beach areas subject to
this byelaw. This byelaw will restrict
their freedom to exercise their dogs by this interference is considered
proportionate to the Council’s legitimate aim of protecting the public health.
OPTIONS
15.
Are as follows:
1.
To resolve to formally make the draft
byelaw and authorise the proper officer to seal (properly attested) and date
the byelaws on behalf of the Council.
2.
To further resolve that the byelaw be
advertised in accordance with DEFRA recommendations and then after the period
of deposit sent to the Secretary of State for possible confirmation.
3.
To make no changes to the existing
Dogs on the Seashore Byelaws.
EVALUATION/RISK MANAGEMENT
16.
Option 1 will allow the new areas of
beach and the extended beaches to be covered by legislative powers at minimal
costs.
17.
Option 2 will provide a single
document providing details of the prohibited areas.
18.
Option 3 may affect the Council’s
ability to secure quality awards.
RECOMMENDATIONS
To approve options 1 and 2.
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BACKGROUND PAPERS
Draft Isle of Wight Council Byelaw 2003.
Report
and minutes to Executive 13 November 2001, minutes of Full Council on 22 November
2001 item 59.
Letter
from DEFRA outlining why they were unable to make the Byelaw.
Response
from Esplanade and Beach Officer
Contact Point: Rob Owen, Head of Consumer Protection,
Tel: 823151 r[email protected]
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MIKE FISHER
Chief Executive Officer and Strategic Director Environment Services
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DAVID KNOWLES
Portfolio Holder for Fire, Emergency Planning and Consumer Protection
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