3GS Have No Lawful Powers to Demand Details Of Dog Walkers Whose Dogs Foul

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There has been some discussion over legal powers of the 3GS environmental enforcement officers to obtain your details for dog related offences. I have received an answer from 3GS via Environmental enforcement at W&PBC. They have no lawful powers to demand your details despite dog walkers being threatened with the Police for failing to supply them.

Mr Taylor

I have asked 3GS to clarify the matter and have received the following response:

In relation to offences of breaching a Public Space Protection Order (which will include dog fouling), it is correct that the power of a Local Authority to request name and address, and the specific offence of failure to provide those details, has effectively now been removed when the Anti-social Behaviour, Crime and Policing Act replaced the relevant sections of the Cleaner Neighbourhoods Act and replaced Dog Control Orders with the new Public Space Protection Orders. Therefore, it is no longer a specific offence under the Anti-Social Behaviour Crime and Policing Act to refuse to give name and address details to a Enforcement Officer for a dog fouling offence.

Offences of littering under section 88 of the EPA an authorised officer of a litter authority still has the specific power to request name and address details (section 88(8A)) and it remains a specific offence to fail to give correct details (section 88(8B)).

Dave Taylor

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