DOGS ON LEAD BY REQUEST
You must put your dog on a lead when directed to do so by an authorised officer. You will only be asked to put your dog on a lead if your dog is considered to be causing a nuisance to other people or another animal or under special circumstances where it would not be appropriate for a dog to be running free i.e. during a sporting event or large gathering in a public area such as a park or open space.
What does this order do?
This order allows people authorised by the council to issue a direction requiring the person in charge of a dog to place it on a lead. They can only issue such a direction in limited circumstances.
For these purposes, a “lead” means any rope, cord, leash or similar item used to tether, control or restrain a dog, but does not include any such item which is not actively being used as a means of restraint so that the dog remains under a person’s close control. Therefore, if you put your dog on a leash but then fail to keep hold of it or to affix it to something suitable so that the dog remains under your close control, you will still commit an offence.
When can I be asked to put my dog on a lead?
A request to put a dog on a lead can only be made where an authorised officer of the council believes that such restraint is reasonably necessary to prevent a nuisance or behaviour by the dog that is likely to cause annoyance or disturbance to any other person, or the worrying or disturbance of any animal, or under special circumstances where it would not be appropriate for a dog to be running free i.e. during a sporting event or large gathering in a public area such as a park or open space. You will not be required to place your dog on a lead if it is not causing or likely to cause a nuisance or annoyance to others, or the worrying or disturbance of any animal.
Who can issue a direction, requiring a dog to be placed on a lead?
The direction can be given by a police officer, police and community support officer, do warden or other person authorised by the Council to do so. ‘Authorised’ means any person who is authorised in writing by the council for the purpose of giving directions under the order. This can include a person who is not an employee of the council, such as employees of a contractor or a partner agency.
Why is the council doing this?
The council recognises that the vast majority of dog owners are responsible and keep their dogs under control whilst taking them on public land. However, if they are not properly supervised and kept under control, dogs that are allowed off a lead in public areas can cause road traffic accidents, and can cause nuisance or injury to members of the public and to other animals.
Having the power to require someone to place their dog on a lead when it is causing a nuisance will provide a flexible, visible tool to tackle any problems when they do occur.
The council accepts that dog owners need to be able to exercise their dogs off a lead in open spaces, for animal welfare reasons. We believe that this order strikes a fair and sensible balance. It still allows people to walk their dogs off lead in certain public areas and open spaces, but gives us the power to deal with any problems as and when they occur, by requiring an individual to place their dog on a lead.
Is there a lead length requirement for dogs on leads?
No, there is no limit on the lead length provided that you are able to keep hold of it or affix it to something suitable so that the dog remains under your close control. Failure to do so will be regarded as an offence under the order.
Can I use an extendable lead?
Yes you can use an extendable lead provided that you are able to keep hold of it or affix it to something suitable so that the dog remains under your close control. Failure to do so will be regarded as an offence under the order.
What land will this apply to?
This order applies to all public places (as defined in section 74(1) of ABCPA 2014) in the district of the Council, except the places listed below:
• Any carriageway or footpath (as defined in section 329 of the Highways Act 1980)
• Any off-street parking place provided by the Council under section 32 of the road Traffic Regulation Act 1984
• Park Cemetery Lytham, including the Garden of Remembrance
• Any children’s play area in a park or recreation ground which is separated from the rest of the park or recreation ground by a fence or other means of enclosure
• Any ornamental lake, pond, stream or other water feature in a park or recreation ground
• The Promenade and Promenade Gardens, Lytham St Annes between Fairhaven Road car park and North Promenade car park - This order does not apply on or between Good Friday and 30 September
• The beach and sand dunes at Lytham St Annes between the slipway to St Annes Lifeboat Station and the northern end of North Promenade car park, extending seaward to the mean low water mark - This order does not apply on or between Good Friday and 30 September
The owner, occupier or person in control of a public place can give the person in charge of a dog permission not to comply with the order on the land. They can give this permission to individuals, to groups of people, or to everyone that uses their land. By giving this permission to everyone they can opt out of the order, so it will not then apply to the land. For these purposes, a "public place" means any place to which the public or any section of the public has access, on payment or otherwise, as of right or by virtue of express or implied permission.