Dog Control Orders/bye-laws Fines & prosecutions

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Kate Symington

Information and Complaints officer

01395 517417

[1]www.eastdevon.gov.uk

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Dear Mr Figg,

Thank you for your FOI request regarding Dog Control Orders or Fixed Penalty Notices/fines which was received on 26 October.

We are dealing with your request and you may expect a response from us by 20 November.

Regards. Bob
Bob Darbourne
Communications and Improvement Manager
East Devon District Council
Knowle
Sidmouth
EX10 8HL
tel: 01395 517418
mobile: 077 3456 8857
email: [email address]
web: www.eastdevon.gov.uk

-------------------------------------------
From: Mr. Figg[SMTP:[email address]]
Sent: Saturday, October 24, 2009 6:03:11 PM
To: Kate Symington
Subject: Freedom of Information request - Dog Control Orders/bye-laws Fines & prosecutions
Auto forwarded by a Rule

Dear Sir or Madam,

I would like to request the following information under the Freedom
Of Information Act:

The number of Fixed Penalty Notices issued by your council, for
offences under the Clean Neighbourhood and Environment Act 2005,
Dog Control Orders

1.failing to remove dog faeces

2.not keeping a dog on a lead

3.not putting, and keeping, a dog on a lead when directed to do so
by an authorised officer

4.permitting a dog to enter land from which dogs are excluded

5.taking more than a specified number of dogs onto land

If you have not made Dog Control Orders please give details of the
number of Fixed Penalty Notices or fines issued by your council,
for any of
the above offences under the The Dogs (Fouling of Land) Act 1996
and any other relevant legislation, bye-laws etc.

During the 12 months periods:

* 1st. October 2006 until 30th September 2007

* 1st. October 2007 until 30th September 2008

* 1st. October 2008 until 30th September 2009

Together with a breakdown, for each year, of the following:

1. The specific offence each FPN/fine was issued for.

2. Whether the issuing of individual FPNs/fines were contested,
either as
an appeal to the council, to the LGO or in court. And an indication
of the outcome, successful or otherwise.

3. The amount of prosecutions brought by the council for dog
fouling or any of the offences listed above. With details of
whether these were for repeat offences or for first time offences.
And an indication of the outcome, successful or
otherwise, of that action.

4. The number of FPNs/fines issued for dog fouling or any of the
offences
listed above that went unpaid, along with details of subsequent
action taken. And an indication of the outcome, successful or
otherwise, from that subsequent action.

Also the number of dog wardens (including the senior dog warden)
employed by the council during these three periods.

Yours faithfully,

Mr. Figg

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Dear Mr Figg,

You submitted an FOI request that was received on 26 October 2009 and, from checking our records, it is unclear to me whether our response was sent.

If our response was not sent last November, I would like to extend to you my outright apologies for the very lengthy delay in responding to your FOI request. If it was sent, I am sorry to trouble you now but I thought that it would be appropriate to make sure that you have received our response which is below.

a No action has been taken for any offence under the Clean Neighourhood & Environment Act 2005 as yet.

b Action has been taken under the Dogs (Fouling of Land ) Act 1996:
In 2006/2007, 12 tickets were issued.
In 2007/2008, 10 tickets were issued.
In 2008/2009, 11 tickets were issued.

The breakdown for each year?

1 All were issued for failing to remove the dog fouling.
2 I can find no record of any being contested.
3 One case was taken to court (in 2008) as the offender had failed to pay the FPT, they did not appear and the case was proved in their absence. None were repeat offenders.
4 All FPTs were paid other than the one in 2008.

We do not employ dog wardens. We have a contract with a company to deal with stray dogs and to promote responsible dog ownership via talks to schools and other proactive events. Several Environmental Health and streetscene staff are empowered to investigate and deal with offences but none of them is a dedicated “dog warden”.

I trust this concludes your request for information.

Should you wish to make a complaint about the way your request has been processed, please fill in our on-line complaint form at www.eastdevon.gov.uk or write to the Monitoring Officer, East Devon District Council, Knowle, Sidmouth EX10 8HL.

If you remain dissatisfied with the handling of your request or complaint, after it has been reviewed internally, you have a right to appeal to the Information Commissioner at: The Information Commissioner's Office, Wycliffe House, Water Lane, Wilmslow, Cheshire, SK9 5AF. Telephone: 08456 30 60 60 or 01625 54 57 45. Website: www.ico.gov.uk. There is no charge for making an appeal.

Regards. Bob
Bob Darbourne
Communications and Improvement Manager
East Devon District Council
Knowle
Sidmouth
EX10 8HL
tel: 01395 517418
mobile: 07734568857
email: [email address]
web: www.eastdevon.gov.uk

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