PAPER B
Purpose: Ffor
Decision
Committee: FULL
COUNCIL
Date: 8
DECEMBER 200416 MARCH 2005
Title: Proposal
to EXTEND THE
AREAS COVERED BY THEreview Dog Prohibition Beach Byelaw
REPORT OF THE PORTFOLIO HOLDER FOR FIRE, EMERGENCY PLANNING
AND CONSUMER PROTECTION – IMPLEMENTATION DATE 1 MAY 2005
PURPOSE
1.
To
revoke the existing Dog Prohibited Beach bByelaw
and to make a new single byelaw which includes additionalthe
new proposed areas (detailed below) with
respect to the seashore under ss82 and 83 of the Public Health Acts Amendment
Act 1907 and s235 of the Local Government Act 1972 .
CONFIDENTIAL
2.
There is nothing in this
report that is considered confidential.
BACKGROUND
3. Requests
have been made to thise Council
by Freshwater Parish
Council, tThe Beaches and Esplanades Officer and interested members of the public to the effect that the beaches set out below be included in the
areas below are designated
dog free during the summer months (1 May to 30 September):
Monks
Bay Ventnor
The
beach from the groyne in front of The Boathouse Monks Bay Ventnor to a point
approximately 64 metres westwards to the edge of the concrete walkway. (Identified on plan MB1)
Freshwater Bay Freshwater
The
Beach from the slip way at the eastern edge of the promenade at Freshwater Bay
to a point approximately 100 metres to the western edge of the steps in front
of the Albion Hotel. (Identified on plan FB1 Appendix 1)
Sandown
Extension
to the beach ban area at Sandown to include the beach in front of Wight City
Amusements. (Identified on plan SA1 Appendix 2)
Shanklin
Extension
to the beach ban area at Shanklin to include Ssmall Hhope
beach. (Identified on plan SH1 Appendix 3)
4.
4. This byelaw was last
reviewed 22/02/2003
STRATEGIC CONTEXT
5.5. The brecommended Byelaw
proposed is
consistent with the Community Strategyic theme
of “guaranteeing the quality of life and sustainability”
in that it impacts upon crime and disorder
and protection of the environment.
6. The byelaw proposed
It
also assists in meeting the following Corporate Objectives:
a.
Improving
health, housing and the quality of life for all.
b.
Creating
safe and crime-free communities.
CONSULTATION
7.
The
consultation process for byelaw applications is prescribed by the Department forof
the Environment Food and Rural Affairs (DEFRA). This process has been followed. and
the results are detailed below.
8.
Hampshire
and
the Isle of Wight Constabulary, Parish Councils and those Isle of WightLocal
Councillors who
represented the proposed areas, have been consulted. Comments received from Parish Councils and Clocal
councillors expressed support for these proposals. are
attached as Appendix 4.
9.
The
new proposed dog prohibited beaches are supported by tThe
Council’s Beach and Esplanades Officer.
10. Signs notifying the public were placed at beaches
where new controls were being proposed. One
objection was received for the extension to the beach at Shanklin as the
objector uses this beach regularly to exercise their dog.
11.
The
Police advised that these new areas cwould make
it difficult for individuals to exercise their dogs on beaches as many beaches
were now dog prohibited areas. The Police also commentedexpressed concern
that these new areas may increase enforcement demands made on their time.
12.
Officers have
carefully considered allthe
comments received. Whilst
recognising the concerns of responsible dog owners to exercise their animals on beaches, officers believe
that on balance the proposed byelaw is appropriate. to promote the
Council’s aims. There remainare significant areas of Council managed beaches where
no prohibition on dogs is in effect. as shown on the above
referred plans.
FINANCIAL/BUDGET IMPLICATIONS
13.
There
will be minimal costs associated withof providing new signage and printing of
the new byelaws. These
costs canwill
be met fromwithinby
existing budgets. The new prohibition
areas, if designated, canwill be
enforced under the terms of the existing Dog Warden cContract.
14.
No
additional additional funding is
considered funding is necessary.
LEGAL
IMPLICATIONs
15.
The draft byelaw whas been submitted
to DEFRA for provisional approval, thiswhich
has now
been obtained. The wording of the
recommended
resolution has been
drafted in
accordance with DEFRAtheir guidance.
16.
Following
the sealing and dating of a newthe
byelaw it will again
hasbe
required to be advertised and referred to the Secretary of State with a view to for possible confirmation.
IMPLICATIONS UNDER THE CRIME AND DISORDER ACT
1998
17. 42. The prohibition of dogs on
beaches may assist in
achieving the prevention of crime and disorder and encouragesing
safer communities through the prevention of anti social behaviour byof
irresponsible dog owners.
IMPLICATIONS UNDER THE HUMAN RIGHTS ACT
158. 3. Members are advised that this reportPolicy
has been drafted against a background of the implications of the Human Rights
Act 1998.
There
are two convention rights which have been had to be considered in
this context:
a) Article 6 - Right to a fair trial
In the
determination of his civil rights and obligations or of any criminal charge
against him, everyone is entitled to a fair hearing within a reasonable time by
an independent and impartial tribunal established by law.
It has been
held that the fact that there is a
right of any aggrieved person to seek a judicial review of the Councils
decision to adopt a byelaw. This is
sufficient to make the Council’s decision compliant with this convention right.
b) Article 8 - Right to respect for private and family
life.
Everyone has
the right to respect for his private and family life, his home and his
correspondence. In the case of article
8 there shall be no interference by a public authority with the exercise of
this right except as such in accordance with the law and is necessary in a
democratic society in the interests of national security, public safety or the
economic wellbeing of the country, for the prevention of disorder and crime,
for the protection of health or morals or for the protection of the rights and
freedoms of others.
It could be
argued by those dog-owners who currently use the areas
of beach not covered by existing bye-laws
that their human rights are affected by the imposition of this new
bye-law. Members must ensure that any
decision made is proportionate and in accordance with the Council’s legitimate
aims.
19. 6. The
bByelaw
would make it
an offence to allow dogs on to or into the prohibited areas at relevant times. The offender would be liable on summary
conviction to a fine not exceeding level 2 on the standard scale. This is currently Ł500.
2017.
Enforcement responsibilities
associated with
the proposed byelaw will would rest
with authorised Council oOfficers
and contracted dog wardens.
21. Registered blind citizens will be exempted
from the requirements of the proposed byelaw.
OPTIONS
22. i) 186.
i) 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.
ii) 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.
iii) To make no changes to the existing Isle of Wight Dogs
on the Seashore Byelaws.
EVALUATION/RISK MANAGEMENT
23.197. i)
i) Option 186(i)
will allow the new areas of beach and the extended beaches to be protectedcovered
by legislative powers at minimal costs.
ii) Option 186(ii)
will provide a single document providing details of the prohibited areas.
iii) Options 186(iii)
may affect the Councils ability to secure beach quality awards(why). (WHY?)
24018. IfShould the
Council be minded to adopts options 186(i)
and 186(ii)
of this report the information will be sent to DEFRA towho
would then advertise the new proposed byelaw for onea
month period. AShould
any objections be received will however have to be referredthey
may be sent back to the Council for consideration.a further decision.
RECOMMENDATION
To agree options 186(i)
and 186(ii)
|
BACKGROUND PAPERS
251. Plans showing proposed new
areas to be included under the proposed byelaw.
262. Draft
Isle of Wight Council Byelaw 2005.
273. Response from Esplanade and
Beach Officer
284. Responses from consultees
ADDITIONAL INFORMATION
Contact Point: Rob Owen, Head of Consumer Protection
Tel: 823151 or and e-mail
[email protected]
|
Strategic Director
Derek Rowell
Environment
Services
|
Portfolio Holder
Cllr
David Knowles
For Fire, Emergency
Planning And Consumer Protection
|