Issue - meetings

REPORT OF THE DIRECTOR – REGULATORY

The purpose of this report is to provide the key information to enable North Herts Council (the Council) to adopt a Stray Dogs Policy to allow the Council to fulfil its statutory duties in accordance with the Environmental Protection Act, 1990 (the Act), in a consistent, appropriate and fair manner.

RESOLVED: That Cabinet:

(1)             Adopted the Policy as presented.

(2)             Noted the following, in considering this policy:

(a)     The Policy, at point 1.2, states the accepted definition of a Stray Dog, which the Act does not provide.

(b)     The Act requires the appointment of a Responsible Officer for the purpose of discharging these duties and the Policy, at point 1.3 accommodates this.

(c)     The Policy sets out in section 2, the conditions whereupon a stray dog will and will not be collected or seized, as this is not fully defined in the Act.

(d)     The Policy also sets out at point 2.4 how the Council will manage stray dogs which are or are believed to be a Prohibited Breed, as defined under the Dangerous Dogs Act, 1991.

(e)     The Policy, in section 4, states the legal requirement under the Microchipping of Dogs (England) Regulations, 2015, that all qualifying dogs be microchipped and how this will be accommodated.

(f)      The Act requires the Council to ensure the health and welfare of any collected stray dog during the 7-day retention period. The Policy states how the Council will accommodate this requirement, including the scope and limitations of this obligation at points 5.2 and 5.3.

(g)     The Policy, in section 6 states the conditions required for returning the collected stray dog to the owner, including at point 6.3 the requirement for all accrued costs to be paid in full with no option of any instalments or discount (except that offered when micro-chipping unchipped stray dogs).

(h)     The Policy states, in section 7, states how the Council will dispose of the stray dog either at the end of the 7-day retention period or before in necessary for humane reasons. Part 7.5 outlines how dangerous dogs will controlled and should be considered in conjunction with point d, above.

(i)       The Policy, at section 9 seeks to delegate future amendments of this Policy to the Director – Regulatory in consultation with the Executive Member for Regulatory in accordance with the provisions of the Council’s Constitution.

REASON FOR DECISIONS:  To enable the Council to clearly state how it intends to meet its obligations under the Act, whilst putting in place limitations against the unreasonable use of public funds and to protect the Responsible Officer against undue criticism or challenges which could in turn risk the perception and reputation of the Council.