Public Spaces Protection Order
Erewash Borough Council
The Anti-Social Behaviour, Crime and Policing Act 2014

Public Space Protection (Control of Dogs) Order

Erewash Borough Council (in this Order called “the Council”) in exercise of its powers under Section 59, 64 and 72 of the Anti-Social Behaviour Crime and Policing Act
2014 (“the Act”) after undertaking a consultation as required by Section 72 of the Act hereby makes the following Order:

The administrative area for Erewash Borough Council is protected by this Order (hereinafter called the “Designated Area”) as detailed in Schedule 1.

The Council is satisfied that activities have been carried out in the Designated Area that have had a detrimental effect on the quality of life of those in the locality. The Council is further satisfied that the effect of these activities is likely to be of a persistent and continuing nature and is of such as to make the activities unreasonable and the effect of the activities justifies the restrictions imposed.

This Order comes into force on 15 December 2023 for a period of 3 years thereafter, unless extended by further Orders under the Councils statutory powers.

If any interested person desires to question the validity of this Order on the grounds that the Council had no power to make it or that any requirement of the Act has not been complied with in relation to this Order, he or she may apply to the High Court within six weeks from the date on which this Order is made.

The following prohibitions are imposed on use of the Designated Area: 

Fouling

If within the Designated Area, as detailed in Schedule 1, a dog defecates at any time on land to which the public or any section of the public has access, by payment or otherwise, as of right or by virtue of express or implied permission and a person who is in charge of the dog at the time fails to remove the faeces from the land forthwith, that person shall be guilty of an offence unless

  1. he has reasonable excuse for failing to do so;
    or
  2. the owner, occupier or other person or authority having control of the land has consented (generally or specifically) to his failing to do so.

Leads

  1. A person in charge of a dog shall be guilty of an offence if, at any time, on land detailed in Schedule 2 below he does not keep the dog on a lead unless
    he has reasonable excuse for failing to do so;
    or
  2. the owner, occupier or other person or authority having control of the land has consented (generally or specifically) to his failing to do so.

Dogs On Leads by Direction

  1. A person in charge of a dog shall be guilty of an offence if they fail to suitably restrain the dog when directed to do so by an Authorised Officer on any land detailed in Schedule 1 below unless,
    he has reasonable excuse not to do so;
    or
  2. the owner, occupier or other person or authority having control of the land has consented (generally or specifically) to his failing to do so.

Exclusion

  1. A person in charge of a dog shall be guilty of an offence if, at any time, he takes the dog onto, or permits the dog to enter or to remain on, any land detailed in Schedule 3 below unless
    he has reasonable excuse for failing to do so;
    or
  2.  the owner, occupier or other person or authority having control of the land has consented (generally or specifically) to his failing to do so.

Exemptions

Nothing in this order shall apply to a person who –

  1. is registered as a blind person in a register compiled under section 29 of the National
  2. Assistance Act 1948; or
  3. 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; or
  4. has a disability which affects his mobility, manual dexterity, physical coordination 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.

Definitions

For the purpose of this Order:-

  1. A person who habitually has a dog in his possession shall be taken to be in charge of the dog at any time unless at that time some other person is in charge of the dog;
  2. Placing the faeces in a receptor on the land which is provided for the purpose, or for the disposal of waste, shall be sufficient removal from the land;
  3. Being unaware of the defecation (whether by reason of not being in the vicinity or otherwise), or not having a device for, or other suitable means of removing the faeces, shall not be a reasonable excuse for failing to remove the faeces.
  4.  “an Authorised Officer of the Authority” means an employee, partnership agency or contractor of Erewash Borough Council who is authorised in writing by Erewash Borough Council for the purposes of giving directions under the Order.

Penalty

Any person who, without reasonable excuse, fails to comply with the requirements of this Order commits an offence and shall be liable, on summary conviction, to a fine not exceeding level 3 on the standard scale.

Schedule 1

This Order applies to all land in the administrative area for Erewash Borough Council that is open to the air and to which the public are entitled or permitted to have access (with or without payment). For the purposes of this Schedule, land, which is covered, is to be treated as land which is “open to the air” if it is open to the air on at least one side.

This Order applies: Borough Wide, Erewash.

Schedule 2

This Order applies to all land in the administrative area for Erewash Borough Council that is open to the air and to which the public are entitled or permitted to have access (with or without payment). For the purposes of this Schedule, land which is covered is to be treated as land which is “open to the air” if it is open to the air on at least one side.

This Order applies to all land described below: 

Restricted Area

  1.  Play Area, Bowling Green, Tennis Courts Duffield Road Little Eaton
  2. Play Area, Tennis Courts Brookside Road Breadsall
  3. Play Area Belper Road Stanley Common
  4. Play Area Park Avenue Stanley
  5. Play Area Beech Lane West Hallam
  6. MUGA Station Road West Hallam
  7. Play Area, Bowling Green Victoria Park Ilkeston
  8. Play Area Little Meadow Close Ilkeston
  9. Play Area, MUGA Summerfield Way South Shipley View
  10. Play Area Barling Drive Shipley View
  11. Play Area off Barling Drive Shipley View
  12. Play Area, MUGA off Denby Hall Lane Cotmanhay
  13. Play Area Granby Park Cotmanhay
  14. Play Area Gordon Street Ilkeston
  15. Play Area Cantaloupe Road Ilkeston
  16. Play Area Buller Street Ilkeston
  17. Play Area Gallows Inn Ilkeston
  18. Play Area Walker Street Ilkeston
  19. Play Area Oakapple Crescent Ilkeston
  20. Play Area Godfrey Drive Kirk Hallam
  21. Play Area Wyndale Drive Kirk Hallam
  22. Play Area Nuthall Circle Kirk Hallam
  23. Play Area Goodwood Crescent Kirk Hallam
  24. Play Area, MUGA Windsor Crescent Kirk Hallam
  25. Play Area First Avenue Risley
  26. Play Area Priorway Avenue Borrowash
  27. Play Area Weyacres Borrowash
  28. Play Area Hopwell Road Draycott
  29. Play Area, MUGA New Street Draycott
  30. MUGA Longmoor Lane Breaston
  31. MUGA Draycott Road Sawley
  32. MUGA Purdy Meadow Sawley
  33. Play Area Cobden Street Long Eaton
  34. Play Area Norfolk Road Long Eaton
  35. Station Road Long Eaton
  36. Splash Pad, West Park, Long Eaton
  37. Play Area Trent Meadows Long Eaton
  38. Play Area, MUGA Tennis courts, Skate park, Bowling Green, Splash pad West Park Long Eaton
  39. Play Area Hayworth Road Sandiacre
  40. Play Area St Giles, Stanton Road Sandiacre
  41. Play Area Sandringham Road Sandiacre
  42. MUGA, Play Park and Skate park Doncaster Avenue Sandiacre
  43. Noskwith Play Area, Ilkeston
  44. Wirksworth Road Play Park, Kirk Hallam
  45. Green Space adjacent to School, Circuit Drive, Long Eaton
  46. Play Area Inglefield, Ilkeston
  47. Ferndene Drive, Long Eaton
  48. Harrington Play area, Long Eaton
  49. Curzon Street, Long Eaton