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Fixed Penalty Notices - Dog fouling
To Isle of Wight Council by Mr. Figg 6 September 2009
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To Isle of Wight Council by Mr. Figg 9 September 2009
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To Isle of Wight Council by Mr Figg 14 October 2009
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To Isle of Wight Council by Mr. Figg 5 November 2010
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To Isle of Wight Council by Mr. Figg 17 September 2009
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To Isle of Wight Council by Mr Figg 19 August 2010
Dog Control Orders
Mr. Figg made this Freedom of Information request to Isle of Wight Council
Isle of Wight Council did not have the information requested.
From: Mr. Figg
9 September 2009
Dear Sir or Madam,
The council have indicated that they intend to hold a further
public consultation on the Dog Control Orders.
I would like to request a breakdown of the full costs incurred by
the council of holding the last public consultation, prior the
introduction of the Dog Control Orders in May 2008.
Including:
1. Formulating the proposals
2. Advertising, and other means of informing the public that a
consultation was taking place
3. Analysing the responses received and responding accordingly
4. Re-formulating the proposals and repeating the process
5. Introducing the finalised proposals (erecting signage, employing
and training dog wardens etc)
In addition, given the short period that has elapsed since the
completion of the last process for introducing the Dog Control
Orders, I also would like to be supplied with the evidence that
warrants the need for this further consultation and shows it to be
a fair and proportionate response to existing problems.
Yours faithfully,
Mr. Figg
From: Rowling, Dan
Isle of Wight Council
15 September 2009
Dear Mr Figg
Please see below response to your three recent requests for information
via email.
1. CRM reference number iw09/9/17334 .
For ease if understanding, I have answered each of your questions as laid
out in your request below;
I would like to request a breakdown of the full costs incurred by the
council of holding the last public consultation, prior the introduction of
the Dog Control Orders in May 2008.
Including:
1. Formulating the proposals.
We do not hold information relevant to this request.
2. Advertising, and other means of informing the public that a
consultation was taking place.
Advertising costs for informing the public were £125.
3. Analysing the responses received and responding accordingly.
We do not hold information relevant to this request.
4. Re-formulating the proposals and repeating the process.
We do not hold information relevant to this request.
5. Introducing the finalised proposals (erecting signage, employing and
training dog wardens etc)
No costs were incurred employing or training dog wardens, the cost of
erecting new signage was £150.
In relation to your final paragraph;
In addition, given the short period that has elapsed since the completion
of the last process for introducing the Dog Control Orders, I also would
like to be supplied with the evidence that warrants the need for this
further consultation and shows it to be a fair and proportionate response
to existing problems.
We do not hold information relevant to this request.
2. CRM reference number iw09/9/13193.
In answer to your first question which is not numbered, there have been a
total of 11 Fixed Penalty Notices for the offence of dog fouling under The
Fouling of Land by Dogs (Isle of Wight) Order 2008 issued in the time
period 07/09/08-07/09/09.
For ease of understanding for your questions numbered 1. and 2. I have
inserted a table below which depicts the answers to your request for
information.
Fixed Penalty Specific Location Contested Outcome
Notice
1 Outside of Appley Park, Ryde No Notice Paid
2 Outside of toilets in Appley, No Notice Paid
Ryde
3 By the side of Ryde Harbour wall No Notice Paid
4 Simeon Street, Ryde recreation No Notice Paid
ground
5 La Falaise car park, Ventnor No Notice Paid
6 Big Meade, Shanklin No Notice Paid
7 Seaview end of Duver, on beach No Notice Paid
8 Lower part of Ventnor park No Notice Paid
9 Cycle path from Cowes to Newport No Notice Paid
10 Northwood Park, Cowes No Notice Paid
11 Simeon Street, Ryde Yes Dealt with in
Magistrates court
In answer to your question numbered 3. There has been one prosecution
brought by the Isle of Wight Council for dog fouling, for a first time
offence.
In answer to your question numbered 4. One Fixed Penalty Notice went
unpaid, subsequently the prosecution went to the magistrates court where
the defendant was found not guilty of the offence dog fouling under The
Fouling of Land by Dogs (Isle of Wight) Order 2008 .
Finally, in response to your additional question, the Council employs a
contractor to collect and dispose of the waste generated from dog bins.
Currently it is disposed of at Standen Heath landfill site.
3. CRM reference number iw09/9/ 26812.
For ease if understanding, I have answered each of your questions as laid
out in your request below;
The names of the two dog wardens concerned;
Under Section 40 of The Freedom of Information Act 2000, any information
to which a request for information relates is exempt information if it
constitutes personal data. Subsequently, the IOW Council will not be
disclosing these details.
The number of dog wardens employed by the council on 06.05.09;
Five
The number of dog wardens employed by the council on 17.06.09;
Five
The number of dog wardens presently employed by the council;
Five
I believe that this letter deals fully with all the matters you have
raised. If you remain dissatisfied with the responses given to your
requests for information, please write to the Corporate Information Unit
at County Hall, or complete the on-line appeals form that can be found at
www.iwight.com/information. If your complaint is not resolved to your
complete satisfaction, you have the ultimate right, once you have
exhausted the internal appeals process, to appeal to the Information
Commissioner.
If we do not hear further within two weeks of receipt of this letter then
we will assume that you are happy for the matters to be considered closed.
Yours sincerely
Dan Rowling| Operations Coordinator | Community Safety Services
Isle of Wight Council | 14 St Thomas's Square | Charter House | Newport |
Isle of Wight | PO30 1SL
Tel: (01983) 821000
Email: [email address] | Web: [1]www.iwight.com
Important Information - Disclosure, Confidentiality and Monitoring of this
email This email communication may be monitored by the Isle of Wight
Council for regulatory, quality control, or crime detection purposes. If
you are not the Intended Recipient please contact the sender as soon as
possible. It is intended only for the personal attention of the named
person, firm or company to whom it is addressed. It may contain
information that is privileged and confidential in law. Accordingly any
unauthorised dissemination, distribution, copying or other use of this
message or any of its content by any other person may constitute a breach
of civil or criminal law and is strictly prohibited. No mistake in
transmission is intended to waive or compromise any such privilege. Any
views expressed in this message are those of the individual sender and may
not necessarily reflect the views of the Isle of Wight Council. The
information contained in this e-mail may be subject to disclosure to third
parties under either the Data Protection Act 1998 or the Freedom of
Information Act 2000 to the extent the law allows and in accordance with
the Isle of Wight Council's policies on information management. (If you
wish the disclosure of the information in any reply to be restricted
please make this clear in your response).
References
Visible links
1. http://www.iwight.com/
From: Mr. Figg
19 September 2009
Dear Sir or Madam,
Please pass this on to the person who conducts Freedom of
Information reviews.
I am writing to request an internal review of Isle of Wight
Council's handling of my FOI request 'Dog Control Orders'.
A full history of my FOI request and all correspondence is
available on the Internet at this address:
http://www.whatdotheyknow.com/request/do...
On the 9th of September I made the following request for
information, you refer to this request as: CRM reference number
iw09/9/17334.
"given the short period that has elapsed since the completion of
the last process for introducing the Dog Control Orders, I also
would like to be supplied with the evidence that warrants the need
for this further consultation and shows it to be a fair and
proportionate response to existing problems."
On the 15th September you responded to this request with "We do not
hold information relevant to this request."
I am not satisfied with this response.
Under Defra guidance on Sections 55 to 67 of the Clean
Neighbourhoods and Environment Act 2005
http://www.defra.gov.uk/environment/qual...
It states:
29 It is also important for any authority
considering a Dog Control Order to be
able to show that this is a necessary and
proportionate response to problems
caused by the activities of dogs and
those in charge of them.
Therefore I would like to offer you this further opportunity to
supply me with this information. As the council are intending to
hold a public consultation in the autumn on making changes to the
Dog Control Orders they are consequently an "authority considering
a Dog Control Order". I therefore require to be provided with proof
that the proposed changes to the orders are a fair, proportionate
and necessary response to problems caused by the activities of dogs
and those in charge of them.
Yours faithfully,
Mr. Figg
From: Freedom of Information
Isle of Wight Council
19 October 2009
Dear Mr Figg
Please find attached a reply to your request for an internal review of your request ref. iw09/9/17334.
Yours sincerely
Vanda Niemiec (Miss) | Information Manager | Legal Services | Isle of Wight Council | County Hall | Newport | Isle of Wight | PO30 1UD
Tel: (01983) 823803 | Internal: 3803
Email: [email address] | Web: www.iwight.com
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From: Mr. Figg
19 October 2009
Dear Freedom of Information,
You have not supplied the evidence requested, the opinion of Encams
does not constitute a necessary and proportionate response to
problems caused by the activities of dogs and those in charge of
them.
In addition your statement
"The need to review our Dog Control Orders, particularly the dog
exclusion zones, was identified through the experience of their
enforcement, by the Dog Wardens and Environment and Neighbourhoods
Officers, as well as through the verbal feedback and comments
received from residents and elected Members"
Is vague and ambiguous, if you are offering the experience of
enforcement officers and the verbal feedback and comments received
from residents and elected Members as evidence, to justify the need
for changes to the DCOs, will you please state specifically what
that evidence is, as I have requested.
Yours sincerely,
Mr. Figg
From: Freedom of Information
Isle of Wight Council
21 October 2009
Dear Mr Figg
The Freedom of Information Act provides a right of access to recorded information held by public bodies. The paragraph you refer to below, was included in our reply to explain that council officers also engage with members of the public, elected members, and other officers, verbally. The Act does not provide access to such discussions and conversations, unless they have been documented. As explained, full searches of our records have been undertaken, and all relevant information has been provided to you.
This request has now been through the internal appeals process. If you remain dissatisfied with the way the request and appeal have been dealt with, you have the right of further appeal to the Information Commissioners Office, Wycliffe House, Water Lane, Wilmslow, Cheshire, SK9 5AF.
Yours sincerely
Vanda Niemiec (Miss) | Information Manager | Legal Services | Isle of Wight Council | County Hall | Newport | Isle of Wight | PO30 1UD
Tel: (01983) 823803 | Internal: 3803
Email: [email address] | Web: www.iwight.com
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