A request was made at the last Area Forum for a talk on the control of dogs in the area. Phil Dickson, Environmental Health Manager, was invited to give a presentation on dog fouling.

The Environmental Health Division of the Department of Regeneration has responsibility for a number of disciplines, namely, Food Safety, Health and Safety, Pollution Control, Environmental Health. Pest Control, Animal Health and Welfare and Animal Control.

Wirral Animal Control and Welfare Service [the Dog Warden Service] has three principal roles – enforcement of legislation in relation to dangerous dogs, the collection, kennelling and, wherever possible, the re-homing of stray dogs, and dog fouling. The Dog Warden Service is based at the Council Kennels in Corporation Road, Birkenhead, and is staffed by one senior warden, three dog wardens and three kennel staff.

The whole of Wirral Council area is designated under the Dogs [Fouling of Land] Act 1996.  On designated land it is an offence for the owner or keeper of a dog to fail to clear up after their dog has fouled.  Failure to comply can result in prosecution and a fine up to £1,000.  Anyone who fails to clean after their dog may be issued with a fixed penalty or prosecuted. Enforcement concordat policy requires that offenders be given a verbal warning upon which they have the opportunity to put right any offence [ie by picking up the mess]. Further action is taken if they refuse. The burden of proof that is required before action can be taken is ‘beyond all reasonable doubt’, ie the wardens need to have seen evidence of an offence at close hand. Where there is insufficient evidence for issuing a fixed penalty notice a verbal or written warning may be given. An authorised Council enforcement officer or in some cases a Police Community Support Officer [PCO] may issue the owner or keeper with a fixed penalty notice of £50.

A Wirral Dog Watch campaign involved visiting all areas of the Borough over a 12-month period and using the media and other means of publicity to raise awareness. As a result, there has been a progressive change in attitude, evidence of increasingly responsible dog ownership, and a reduction in the number of complaints about dog fouling.  Nevertheless, dog fouling remains an issue of concern. 

In 2007 Wirral Council invested £20,000 in a further campaign, ‘Don’t give a dog a bad name’.  This involved increased presence via wardens and community patrols, posters, poop scoop bags and leaflets.  In 2008, Wirral Council committed a further £40,000 for dog fouling initiatives. This involves the purchase of a new multi purpose cleaning and enforcement vehicle, new tri-signs, posters on lampposts, and an incentive scheme that offers reward cards for a monthly £50 draw.

The Services continues to work successfully with Wirral Partnership Homes and more recently has worked with the Police CSOs in dealing with this issue of dog fouling.

In response to questions, Phil Dickson stated that there have probably been about 25 successful prosecutions in total since the legislation was introduced. There were five fixed penalties issued by wardens in 2007. Fines tend to be £50 or £100.  The Press are invited to attend the Court when there is a prosecution, but they tend not to attend, so it is difficult to ‘name and shame’ offenders. There have been no prosecutions this year and so far seven written and about 30 verbal warnings have been issued. The Wardens would be interested in seeing any photographic evidence of an owner being irresponsible, but a witness statement is more likely to be received in court than a photograph. The legislation applies to all open land, including beaches. There is no legislation that applies to dog owners who allow dogs out on their own.  If the dog has no identification, the wardens can pick up the dog and the owner would need to pay a redemption fee for the return of the animal. The wardens regularly monitor along the promenades.

Minute decision:
Resolved: That Phil Dickson be thanked for an interesting presentation.