In February this year, Cabinet gave approval for consultation to take place to amend or renew without amendment the existing Public Spaces Protection Order (PSPO) (No 1A) to control dogs, which was due to expire in January 2024.  Consultation took place in June and July and the results were detailed at Appendix A to the report.  There had been a large response to the consultation with polarised opinions, mostly from those with dogs and those without.  The Head of Environmental Services led Members through each of the recommendations set out within the report.     

PSPOs were made under the Anti-social Behaviour, Crime and Policing Act 2014.  Following the consultation, Cabinet approval to consult with Sussex Police, the Police and Crime Commissioner (PCC), East Sussex County Council (ESCC Highways) on a revised Order was sought.

PSPOs had a maximum duration of three years but they could last for shorter periods of time where appropriate.  Failure to comply with a PSPO was a criminal offence, a maximum fine of £1,000 (level 3) could be imposed, although as an alternative to prosecution enforcement officers could issue a Fixed Penalty Notice (FPN) of £100.

Members present at the meeting reported that this consultation had resulted in high level engagement with residents and strong opinions on both sides.  It was noted that the only two open spaces in Bexhill that required dogs to be kept on leads were Egerton Park and Manor Barn Gardens – this was the current position, and no changes were recommended.  It was considered that many dog owners were simply not aware of the Order and where and when it applied; improved signage, setting out prohibitions as well as what was permitted at each location was required. 

During the debate, it was agreed that the term “short leads” would be replaced with “fixed leads”.  Extendable leads could be “fixed” and dog owners would not need to purchase new leads.  Extendable leads were a trip hazard and the perception of a dog under control, some metres away from its owner, on an extendable lead was the issue.  

Officers had recommended that no dogs be allowed in Rye Cemetery except from the right of way footpath (the current control), contrary to the view of Rye Town Council (RTC) who were in favour of allowing dogs anywhere within the cemetery on a fixed lead.  Members were also in favour of supporting the view of RTC and acknowledged that those visiting loved ones in cemeteries would very often want to take their pets.      

It was noted that there was no suggested change to the current controls in relation to children’s play areas, where dogs were excluded; whilst some children’s play areas were not fenced, there was usually a change in surface, signage or curbing which made it quite clear it was a play area.  Members were pleased to see the suggested extension to all defined gym equipment areas, skateparks, BMX race tracks, jump parks and trails and in addition, in Bexhill, to exclude dogs from the Little Common Football Club fenced pitch.  It was noted that in Burwash and the Weald, dogs were only required to be on leads in Burwash High Street and Queens Gardens, Etchingham.

Cabinet was in agreement with the majority of the proposed amendments to the PSPO (No 1A) Dog Control, except for that in relation to Rye Cemetery following the consultation exercise and authorised officers to consult with the Police, PCC, ESCC about renewing the Order, as amended, and subject to there being no objections, proceed to make the Order.

RESOLVED: That:

1)         the Order be amended in accordance with officer recommendations (a to i), as amended, as follows:

Bexhill Seafront

Extend the exclusion of dogs from the beach eastwards to Brassey Road, so that the beach around the Sailing Club was included. 

a.         To extend the exclusion to Brassey Road, as it would have a minimal impact on dog owners but a benefit to the Sailing Club.

b.         Control to continue to only apply from 1 May to 30 September only. This was also the status quo.

Camber Beach

c.         Retain the current controls.

Pett Beach

d. Continue with the current   controls.

Winchelsea Beach

e. To remove existing controls.

Rye Cemetery (owned by Rother District Council)

f.          Option 1 - dogs anywhere on site but on a fixed lead.

Rye Gun Garden (owned by Rother District Council)

g. Option 1 - dogs allowed on fixed leads.

Sports and Recreational Facilities

h.         To continue with existing controls on sports and recreational facilities in the district. To exclude dogs from all tennis courts, defined children’s play areas (existing control), defined gym equipment areas and all skateparks, BMX race tracks, jump parks and trails. In addition, in Bexhill, to exclude dogs from the Little Common Football Club fenced pitch.

Leads

i.          The Order should make it clear that where dog are required to be on a lead, it should be on fixed lead, to ensure the dog was under control.

2)         officers be authorised to consult with Sussex Police, the Police and Crime Commissioner, East Sussex County Council (Highways) on making the Public Spaces Protection Order (No 1-2024); and

3)         if no objections are received to make the Order for a period of three years up until January 2027.

(When it first became apparent Councillor Barnes declared a personal interest in this matter as Chair of Etchingham Parish Council and in accordance with the Members’ Code of Conduct, remained remotely in the meeting room).