Public Spaces Protection Order (PSPO)

A Public Space Protection Order (PSPO) is a legal power that councils can use to help address antisocial behaviour in public spaces. A PSPO can apply across a whole district or to specific areas and can set out requirements or restrictions on activities that have a negative impact on the local community. In this case, the PSPO focuses on promoting responsible dog ownership and addressing issues such as dog fouling, dogs being out of control, and access to certain sensitive or high‑use areas.

The PSPO has five main elements relating to dog control rules in public spaces:

Measure 1 (Dog Exclusion Areas) - Exclusion of dogs from all children’s play areas, whether they are fenced or open, play areas, ball courts, multi games court and tennis courts.

Measure 2 (Dogs on Leads) – Keep dogs on leads on specific identified land.

Measure 3 (Dogs on Leads by Direction) - The requirement for a person in charge of a dog to comply with a request from an authorised officer, Police Officer or PCSO to put a dog on a lead when the dog is causing annoyance or disturbance to any person or animal.

Measure 4 (Dog Fouling) - The offence of dog fouling including a requirement for persons in charge of a dog on public land to remove their dogs faeces.

Measure 5 (Carrying means for disposal) – Being a person in charge of a dog in a public space to have an appropriate means (i.e. a dog poo bag) to pick up any faeces deposited by that dog and to show they have a bag(s) if requested to do so by an authorised officer, Police Officer or PCSO.

For this PSPO, public space generally means land that is open to the air and to which the public are entitled or permitted to have access within the Braintree District. The proposed order would apply to most publicly accessible land.

PSPOs can last for up to three years at a time and may be extended following review and consultation.

Public consultation is a legal requirement in the Public Spaces Protection Order process. It gives residents, visitors and other stakeholders the opportunity to share their views and experiences. Feedback from this consultation will ensure the council listens and responds to the consultation feedback provided.

The PSPO is enforced by officers authorised by the councils Street Scene Protection Team.

Once the consultation closes, responses will be reviewed and used to inform a final proposal. This will be considered by the council’s Management Board, before being taken to Cabinet for a final decision.

If a person is registered blind under Section 29 of the National Assistance Act 1948, then the PSPO does not apply. If a person has a disability that affects their mobility, manual dexterity, physical coordination, or their ability to lift, carry or move everyday objects, and the dog they are in charge of is one they rely on for assistance (trained by a specialised charity), then the PSPO does not apply.

If someone fails to pick up their dog’s mess in an area covered by the PSPO, this is an offence. The mess needs to be picked up straight away so dog walkers should always have enough bags to pick up whatever their dog will produce on a walk. Dogs urinating is not prohibited.

The PSPO requires a person in charge of a dog to put it on a lead, and keep it on a lead, when asked to do so by an authorised officer. The officers will only need to request this if there is evidence that a dog is not under control. For example, if it is behaving in a nuisance manner towards people, other dogs, or wildlife. If the person does not comply, then they can be issued with a Fixed Penalty Notice, or ultimately, face prosecution.

It is important for animal welfare that dogs are given suitable exercise and, for the majority of dogs, this means being able to run. Most dog owners keep control of their dogs and know when to keep their dog on a lead for safety or good manners. The PSPO is aimed at dealing with nuisance dog behaviour.

Dogs are allowed in nearly all public spaces, but it is generally considered beneficial to have some designated areas where people can exercise or spend leisure time without dogs. For example, children’s play areas.

This is a notice issued by an authorised officer for some types of offence. The person served with a Fixed Penalty Notice (FPN) has an opportunity to pay a fine rather than face prosecution. The penalty is £100, reduced to £75 if paid within 10 days.

There is no formal right to appeal against an FPN. If someone does not agree that they committed the offence, they can decide not to pay the FPN and the matter would then be decided by a court. It will then be up to the court, on hearing the evidence, to determine whether or not an offence was committed and whether or not any penalty should be imposed. The maximum penalty on conviction is £1000. Failure to discharge the offence by paying the Fixed Penalty Notice may result in prosecution. The maximum FPN amount is set by law. The government is proposing to increase this in the Crime and Policing Act 2026, so the amount may change during the PSPO.