Planning Issues
Residential property comes with planning permission for its use as a residence for people. If a person has a large number of dogs living on the premises, the local authority can intervene and require them to reduce the number of dogs living there. The maximum number is not set in stone, but as a guide anything over six can give rise to problems.
Dog Barking Complaints
Of course, it is completely natural for dogs to bark. However, excessive barking can lead to action being taken by the local authority. You could find that you are served with a Noise Abatement Notice which, if not addressed immediately and appropriately, could mean that you are prosecuted under the Environment Protection Act 1990 and required to pay a heavy fine. It can also sometimes result in tenants finding that their landlord withdraws permission for them to have a dog on the premises.
Community Protection Notices
These notices replaced the old Anti-Social Behaviour Orders. The police and the local authority have the power to serve Community Protection Notices in circumstances where the community is affected by what is deemed to be anti-social behaviour. A warning notice must be served first, setting out the unacceptable behaviour alleged and what steps must be taken to remedy the situation. Failure to comply with the warning notice will usually result in a Community Protection Notice being served which will again set out the problematic behaviour and the steps to be taken to remedy the problem. Failure to comply with the notice can result in a fixed penalty notice being issued or a prosecution being brought with a maximum penalty of a fine of £2,500.
Public Space Protection Orders
Public Space Protection Orders are used by local authorities to introduce laws the most common of which are:
- Banning dogs from particular areas
- Limiting the number of dogs one person can be in charge of
- Requiring faeces to be picked up
- Requiring dogs to be on a lead
Local authorities must consult with the police and other relevant community representatives before a Public Space Protection Order is introduced and appropriate signage must be erected in the relevant area.
Failure to comply with a Public Space Protection Order is a criminal offence which can be punished with a Fixed Penalty Notice of up to £100 or by a prosecution which carries a maximum penalty which is currently £1,000.
Stray Dogs
The law on stray dogs is dealt with by sections 149 and 150 Environmental Protection Act 1990 which requires every area to appoint an officer to deal with stray dogs. The officer must keep a register detailing all stray dogs and that register must be available for inspection by the public. If a stray dog is found then notice must be served on the owner (if known) informing them that their dog has been seized as a stray and giving them 7 days to collect their dog and pay the relevant fees. If the owner does not collect their dog and pay the fees within 7 days then ownership passes to the local authority who may euthanise the dog, sell it, rehome it or pass it to a rehoming organisation. If a member of the public finds a stray dog and wants to keep it, they must inform the local authority of this fact and provide their contact details. They are then required to keep the dog for at least 1 month. Failure to comply with these requirements is a criminal offence punishable with a fine.
Microchipping
The Microchipping of Dogs (England) Regulations 2015 require all puppies to be microchipped by the breeder by the age of 8 weeks. The new owner must then change the details. Failure to do so could result in a compliance notice being served giving 21 days in which to comply. Failure to comply with a compliance notice is a criminal offence which carries a maximum sentence of a fine. There is an exclusion for working dogs or on welfare grounds (veterinary certification required).
Collar and Tag
All dogs in the UK must wear a collar with the name and address of the owner inscribed on the collar or a plate attached to it. There is no requirement for a telephone number or the name of the dog to be included. There are some exemptions to this requirement which includes dogs being used for sporting purposes, dogs being used for the capture/destruction of vermin, armed forces/HM Customs & Excise dogs, dogs being used for emergency rescue work or dogs registered with the Guide Dogs for the Blind.
Failure to comply with the legislation is a criminal offence and any dog found without a collar and tag can be seized and treated as a stray dog.
Failure to Stop/Report a Road Accident
Section 170 Road Traffic Act 1988 makes it an offence to fail to stop/report an accident where injury has been caused to a dog, horse, cow, ass, mule, sheep, pig or goat. A driver must stop and provide their name and address if required to do so or must report to the police as soon as reasonably practicable and in event, within 24 hours. The maximum sentence for failing to stop/report is 6 months’ imprisonment and/or a fine plus disqualification or 5-10 penalty points.
Transporting Dogs in Vehicles
There is no statutory provision regarding the transportation of dogs in vehicles but rule 57 of the Highway Code states:
“When in a vehicle make sure dogs or other animals are suitably restrained so they cannot distract you while you are driving or injure you, or themselves, if you stop quickly. A seat belt harness, pet carrier, dog cage or dog guard are ways of restraining animals in cars.”
If an accident were to occur and your dog was not suitably restrained, it is possible that you could face a charge of careless driving under section 3 & 3ZA Road Traffic Act 1988. Driving is deemed to be careless if it falls below what would be required of a competent and careful driver. This offence carries a penalty of an unlimited fine and disqualification or 3-9 penalty points.
Wheldon Law Can Provide the Legal Assistance You Need
For many people, dogs are not just pets, they are an important and beloved member of their family. As such, we must strive to ensure that their safety and well-being is always protected. Unfortunately, despite dog owners’ best efforts, accidents and mishaps do still occur. However, if your dog does happen to cause a problem, there’s no need to worry as Wheldon Law will be on hand to offer our legal expertise. We will provide the expert guidance you need to ensure the best possible outcome for you and your dog.
Call us today on 01442 242999 for some free initial advice to our solicitors in Hemel Hempstead, or email us at hello@wheldonlaw.co.uk.
