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Paddington Old Cemetery Public Spaces Protection order review

Paddington Old Cemetery Public Spaces Protection order review

Brent PSPO

We currently have a borough wide Public Space Protection Order (PSPO) in place to tackle dog fouling and problematic dog behaviour across the borough and more specifically in:

  • our Town Centres
  • our Parks, open spaces, cemeteries and graveyards; and
  • Wembley Park.

Paddington Old Cemetery has for some years been exempt from some restrictions that apply in other areas across Brent, however we have received an increasing number of complaints about the behaviour of dogs at this location.

Have your say

We are now consulting on varying the PSPO to address the complaints we are receiving about the behaviour of dogs in Paddington Old Cemetery.

We are keen to hear from the local community and we are inviting you to complete the consultation questionnaire which will assist in shaping the measures implemented to address this behaviour.

We care about the welfare of dogs and want them to be able to exercise and run free in our parks. The majority of Brents parks and open spaces allows dogs to be exercised without leads including neighbouring Tiverton Park. Please note, the park and open spaces also contains details of localised park restrictions.

Have your say on the PSPO order review

The consultation is open until Tuesday 10th December 2024. 

For more information on this consultation, please email cemeteries@brent.gov.uk. For accessibility needs, please contact community.engagement@brent.gov.uk

What happens next?

All responses to this consultation will be analysed and the feedback will help us develop measures for controlling dog behaviour at Paddington Old Cemetery.

The final decision will be taken by the Corporate Director of Partnerships, Housing & Resident Services, and the lead Cabinet member who will take responses to the consultation into consideration when making their decision.

Brent Council is not seeking to make any other changes to the PSPO at this time.

Further information

Brent Council currently has four cemeteries which include:

Paddington cemetery is currently the only cemetery in Brent that permits dogs to enter off lead. The following requirements apply:

  • Dog fouling - Any person responsible for a dog at the time, who fails to pick up their dog mess (faeces) immediately and dispose of it in an appropriate receptacle (public bin or taken away with them).
  • Loss of control of dogs - Any person responsible for a dog; (a) where the dog is not reasonably within eyesight of the responsible person and/or where a dog does not respond to being beckoned (recalled) by the owner (b). who fails to follow instructions by an authorised officer to put a dog on a lead.
  • [no] More than four dogs being walked at the same time.

We recognise that the vast majority of dog owners continue to act responsibly. Being able to walk a dog and to enjoy open spaces, is important to owners and to the welfare of their animals. We have, however, been receiving a range of complaints that cemetery users are being disturbed by dogs that: 

  • are allowed in the cemetery
  • are being permitted to urinate and defecate on the graves of loved ones
  • are walking/running freely across graves
  • run around, into and through live burials that are taking place
  • run over to cemetery users when they are visiting a loved ones’ graveside
  • are playing ball games with their owner/walker.

Exceptions

There are a number of important exceptions to the PSPO in relation to assistance dogs, which remain unchanged.

The dog fouling provisions in the PSPO do not apply to people who have a disability that affects their mobility, are partially sighted, or sight impaired.

The dog exclusion provisions do not apply to a dog trained by a relevant charity upon which a disabled person relies for assistance.

Frequently asked questions

Why are dogs required to be on leads in cemeteries?

Dogs must be kept on leads in cemeteries to maintain a respectful environment. Free-roaming dogs can urinate or defecate on graves, creating an unpleasant atmosphere.

Many people visit cemeteries with their dogs, so responsible ownership is essential to ensure all visitors can pay their respects without disruption. Keeping dogs on leads helps preserve the solemnity of the space.

What is a PSPO?

A Public Space Protection Order (PSPO) is a tool introduced under the Anti-social Behaviour, Crime and Policing Act 2014, empowering local councils to address specific anti-social behaviour (ASB) in public areas. PSPOs allow councils to impose restrictions or requirements on certain behaviours within a defined area to prevent or reduce activities that negatively impact the community's quality of life. These orders are designed to be flexible and proportionate, ensuring they target persistent, unreasonable behaviour. PSPOs replaced earlier tools like Dog Control Orders and must meet legal tests to ensure they are necessary and effective.

A PSPO can last for up to three years, after which it must be reviewed. If the review supports an extension and other requirements are satisfied, it may be extended for up to a further three years following consultation. There is no limit on the number of times a PSPO may be reviewed and renewed.

Why is a PSPO needed?

A PSPO is needed to ensure public spaces are safe and enjoyable for everyone, free from anti-social behaviour, particularly in relation to irresponsible dog ownership. We understand that most dogs are well-behaved, and their owners act responsibly, respecting those around them.

Owning a dog brings many positive benefits, from offering companionship to improving mental health and encouraging regular exercise. The purpose of a PSPO is not to be discriminatory against dogs or dog owners, but to create clear and reasonable guidelines that ensure everyone can safely enjoy shared public spaces. By establishing these sensible rules, we aim to strike a balance between the benefits of dog ownership and the need for safe, respectful use of public spaces.

Who will the prohibitions apply to and are there any exemptions to the PSPO?

The PSPO will apply to all individuals (including dog walkers) within Paddington Old Cemetery areas where the order is enforced, except those individuals who are exempt.

The PSPO will comply with the Equality Act and will undergo an Equalities Impact Assessment before implementation. The final order will include appropriate exemptions for individuals with relevant protected characteristics.

The following individuals will also be exempt:

  • Assistance Dog Users: Individuals who are blind or have a physical or mental disability and use a dog trained by a member of Assistance Dogs UK or any other UK-registered charity.

How will the PSPO be enforced, who will enforce it, and what happens if I don't comply?

The PSPO will be enforced by authorised personnel from Brent Council, including contracted enforcement companies.

Individuals who breach the Order may receive a fixed penalty notice (FPN) for £100 that must be paid within 14X days from the date of the fine being served, which can be paid to avoid prosecution. In cases of repeated offences, inappropriate behaviour towards enforcement officers or failure to pay a fine, prosecution may be pursued instead.

Failure to comply with an Order is a criminal offence unless there is consent from the landowner, a reasonable excuse or the individual qualifies from an exemption under the Equality act.

The maximum penalty for breaching the order is a fine of up to £1000.

How have you publicised this consultation and order?

We are sending a letter to all homes, Paddington Cemetery Users and businesses surrounding the area. We will be contacting local interest groups and have asked ward councillors to share this consultation with their contacts. We will be promoting on social media and in our e-newsletter.
Last updated 21/10/24