Blackburn with Darwen Dog Control Public Space Protection Order

Consultation for the renewal of the Dog Control Public Space Protection Order

In 2018, we used our powers under the Anti-Social Behaviour, Crime and Policing Act 2014 to introduce a Public Space Protection Order relating to:

  • dog fouling
  • dogs being on leads in cemeteries
  • no dogs being allowed in specified children’s play areas

The PSPO lasted for 3 years and was extended in 2021, and we are considering extending it again in the same terms. We are still receiving complaints about dog fouling, dogs being off leads in cemeteries and dogs being allowed into play areas. 71 complaints were received in the last year. We believe that this figure under-reports the true extent of the problem and it remains a common topic for complaints to elected members.

Specifically, the PSPO prohibitions are:

  • A person in charge of a dog which defecates in an area which the public has access to (on payment or otherwise), and does not remove the faeces straight away, commits an offence. This applies across the Borough
  • A person in charge of a dog which is not on a lead within these cemeteries commits an offence:
    • Pleasington Cemetery
    • Blackburn Cemetery
    • Darwen Cemetery
    • Darwen Eastern Cemetery
  • A person in charge of a dog who takes it into, or allows it to enter one of a number of specified children’s play areas commits an offence

All offences are subject to the following defences

  • a person has a reasonable excuse for committing the offence
  • the owner, occupier or other person or authority having control of the land has consented (generally or specifically) to the activity in question

Nothing in the order applies to a person who:

  • is registered as a blind person in a register compiled under section 29 of the National Assistance Act 1948
  • is deaf, in respect of a dog trained by Hearing Dogs for Deaf People (registered charity number 293358) and upon which he relies for assistance
  • has a disability which affects his mobility, manual dexterity, physical co-ordination or ability to lift, carry or otherwise move everyday objects, in respect of a dog trained by a prescribed charity and upon which he relies for assistance

Breaching the PSPO is punishable by a maximum penalty of a level 3 fine or to a Fixed Penalty Notice up to £100. 

This PSPO does not address dangerous dogs, they are dealt with by separate legislation.

How to comment

We want your comments on the proposal to renew the PSPO.

View the draft new extension order.

Email your comments to publicprotection@blackburn.gov.uk 

Write to:

The Service Lead 

Public Protection and Environmental Health 

Davyfield Depot 

Roman Road Industrial Estate 

Blackburn 

BB1 2LX

This consultation closes at 5pm on 22 February 2024.