SKEGNESS TOWN COUNCIL

Direction & Strategy Committee

Wednesday, 7th June 2017

7.00 pm at the Town Hall, Skegness, Lincolnshire

NOTICE IS HEREBY GIVEN OF the above meeting. The business to be dealt with at the meeting is listed in the agenda set out below.

AGENDA

1. TO CONFIRM CHAIRMAN – To confirm or otherwise the Mayor as Chairman of the Committee for the ensuing year

2. MINUTES OF LAST MEETING – Previously circulated

To note that the minutes of the Direction & Strategy Committee on Wednesday 22nd March were approved and adopted by Council at its meeting on Wednesday 5th April 2017.

3. APOLOGIES

4. DECLARATIONS OF INTEREST 5. AMENITY GRASS CUTTING 2018-19 AND BEYOND – report attached (confidential

elements have been redacted and will be available at the meeting) 6. SKEGNESS 10K REQUEST FOR SUPPORT – verbal report 7. JOLLY FISHERMAN – PROTECTION OF TRADE MARK AND IMAGE RIGHTS –

report attached. 8. EMERGENCY PLAN – report attached (confidential appendices to be handed out at

meeting) 9. PUBLIC SPACE PROTECTION ORDER CONSULTATION – Report and

consultation attached supporting documents .

Steve Larner – Town Clerk 31st May 2017

AMENITY GRASS CUTTING

IMPLEMENTATION PLAN

1.INTRODUCTION

Lincolnshire County Council Highways decided in February 2017 that they would no

longer undertake any amenity grass cutting in Skegness. This involves the many

grass verges that are situated between the pavement and road.

In March 2017, Skegness Town Council decided that it would procure a one year

contract, as an interim response, to provide a lower standard of cut to avoid the town

becoming too unsightly and unappealing. For 2017/18 LCC agreed to fund the

equivalent of two cuts. As no budget provision was made in the precept, the Council

has decided to slip some business plan projects back to create some financial

resources and find other savings and use reserves to fund the remaining part of the

contract.

Moving forward to 2018/19, the Council has decided to undertake the cutting of grass

verges using an in-house team to retain control over the quality of the cut and retain

flexibility of resources.

2.VISION

To keep the amenity grass verge areas of Skegness cut to a high standard so that

the grass length never exceeds 100mm and in normal circumstances does not

exceed 70mm.

Grass cutting will be undertaken by Skegness Town Council employees dressed in

Skegness TC uniform and HSE, who represent the Town and Council with a positive

image and helpful attitude.

3. CUTTING AREAS

The Amenity Grass Cutting areas are shown in Appendix A. These will be stored and

updated on the Council’s GIS mapping system (if approved) together with more

detailed information about the areas and cuts.

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4. HUMAN RESOURCES

The initial starting position will be to employ a new unit within the Grounds Team led

by a Senior Grounds Maintenance Assistant that for the most part operates

independently of the existing Cemetery and Grounds unit. This will ensure the units

keep focus on their own priorities and work schedules. At certain times under the

instruction of the Town Clerk/Deputy Town Clerk or Foreman, resources may be

shared between the units to deal with specific or urgent resource issues.

It is envisaged that the existing Foreman role will take overall responsibility for both

units including all equipment, vehicles, agreeing working practices, mentoring and will

line manage the Senior Ground Maintenance Assistant. The Foreman will also

oversee the annual appraisal of the team. Day to day management of the team and

responsibility of the work will rest with the Senior Ground Maintenance Assistant other

than when resources are shared as described above.

To achieve the level of quality required it is envisaged that a minimum of 3 new posts

will be required. There is also the opportunity to establish a two-year apprenticeship

that would work and learn across both teams. Whilst this is not essential to deliver

grass cutting, it would add to both resilience and flexibility. If the Council was

successful in taking on the management of Tower Gardens from ELDC, then the

Council will have already developed its own in-house resource ready to take up the

additional work. If at the end of the two-year apprenticeship there was no ongoing

work then the minimum outcome would be to have given someone future job

opportunities and a qualification.

• Senior Ground Maintenance Assistant (Full Time)

• 2 x Ground Maintenance Assistant (each 1125 annualised hours)

• Optional Apprentice (Temporary for 2 years – Full Time then reviewed)

To allow for the additional responsibility it is proposed that the Foreman’s salary

range is expanded to include three extra spinal points taking the top of the range

salary from £22658 to £24964 an increase in the maximum available salary of £2306.

On taking up the additional duties implementation it is proposed that one increment is

awarded an increase of £694.

It is proposed that the Senior Ground Maintenance Assistant be appointed on range

SP11 to SP14 (£15,807 - £16,781 or £8.21 - £8.72ph).

It is proposed that the Ground Maintenance Assistants be appointed on range SP6 to

SP8 (£15,014 - £15, 246 or £7.80 -£7.92ph) pro-rata to 1125/1924 hours per annum.

On-costs include Employers National Insurance and Pension costs. Experience

shows that often lower paid staff will elect to opt out or not join the pension scheme

to avoid paying the employee pension contribution. This makes it difficult to provide

an accurate cost. The figures therefore show a range of costs from the minimum to

the maximum.

POST YEAR 1 YEAR 2

Senior Ground Maintenance Assistant

£17,641 - £21,203 £18,161 - £21,822

Ground Maintenance Assistants

£18,028 - £21,876 £18,232 - £22,120

Apprentice £6,734 £14,375

Foreman £840 £840

TOTAL without Apprentice

£36,509 - £43,919 £37,233 - £44,782

TOTAL with Apprentice £43,243 - £50,653 £51,608 - £59,157

Town Clerk/Deputy Town Clerk

Foreman (Existing)

Handyman (0.4 FTE)Apprentice

(Optional)Groundsman (1.5 FTE)

Senior Groundsman

(Existing)

Senior Ground Maintenance Assistant

(New)

2x Ground Maintenance Assistant

(1125 annualised hours)

Senior Ground Maintenance Assistant Basic Duties

Responsible on a day to day basis for ensuring that the amenity grass cut is made in

accordance with the standards and working methods.

Responsible for planning the cutting programme taking advice and guidance from the

Foreman/Town Clerk/Deputy Town Clerk

Undertake winter cuts in accordance with need and in accordance with Lone Working

Procedures

Assist with Public Property, Cemetery, Allotment or other maintenance as driven by

the needs of the service.

5. EQUIPMENT

The area to be cut is large and will require reliable, robust well maintained equipment

if the quality of cut desired is to be achieved consistently. The various areas will

require different approaches to cutting. Some are narrow strips with lots of obstacles

and edges. Other areas include relatively steep banks and non-cultivated areas.

A mixture of different equipment will be needed. The equipment listed excludes the

larger cylinder cutters used by contractors, as these are much more expensive to

purchase and maintain and require significant training and practice to operate safely

and efficiently.

Purpose Type Quantity Est Unit Price

Budget Cost

Large grassed areas

Commercial ride /stand on (mulching rotary)

1 £14000.00 £14000.00

Standard verge Commercial push/self-propelling mulch mower

4 £900.00 £3600.00

Steep banks Commercial hover mower

1 £600.00 £600.00

Edges Commercial brushcutter/strimmers

3 £500.00 £1500.00

Clean up Blowers 2 £200.00 £400.00

Clean up Litter Pickers 3 £10.00 £30.00

Signs and warning lights

Work/cutting/vehicle 8 £50.00 £400.00

Ramps Flat bed 1 pair £250.00 £250.00

Personal Uniform and HSE 4 350.00 1400.00

SUB TOTAL £22140.00

Contingency £2820

TOTAL £25000.00

6. TRANSPORT

The verge and grass areas to be cut are across the whole of Skegness - from the end

of Drummond Rd to Winthorpe and from Scarborough Avenue to Warth Lane.

It will therefore be necessary to be able to transport the cutting equipment/mowers to

the various sites on a regular basis.

It is recommended that a drop side truck is purchased, but no trailer. Drivers can

operate a vehicle or vehicle and trailer with a gross

weight of up to 3.5 Tonnes without the Council having to

have a vehicle operator’s license. In practice, all smaller

trucks are rated at 3.5T and so no trailer would be

permitted.

This truck could have a cage fitted to make it more

secure and to stop loose material falling off when in

transport. The picture shows the type of truck that is available.

The prices range from:-

£5-6k for a high mileage van (90,000m +) between 5 – 7 years old

£8-12K for a medium mileage van (50,000-70,000m) 3 – 5 years old

£14.5K + for a new pre-registered van

£18K + for a new van to order.

Running costs are typically £2000 pa to include road fund license, fuel, maintenance

and insurance. Older and higher mileage vehicles will have higher costs. New vans

may benefit from warranties and not requiring MOTs.

7. PREMISES AND STORAGE

The Council currently has 2 neighbouring industrial units. The Council’s existing two

vans are parked in the units overnight. One unit is used for general storage and the

other as a workshop.

There will more equipment and a van that will need securing. The existing

accommodation will not be sufficient moving forward and so the Council may wish to

consider the overall premises requirement. The existing lease is due to expire at the

end of March 2019, but may be determined earlier by giving not less than 3 months’

notice.

The issues raised here formed part of the agenda discussed at Council on 24th May at

the time of writing this plan the outcome was unknown. This may need to be

considered within this plan or may be part of the overall accommodation review.

8. RISK ASSESSMENT AND WORKING METHOD STATEMENTS

General operational principles will remain the same as for the cemetery team.

Working on the highway will require warning signage and use of amber warning lights

on any driven mower or vehicle.

An individual risk assessment will be needed for different types of cutting terrain (e.g.

slopes, near cars, near people). This will involve an inspection of the cutting areas.

Once the in-house team are appointed this would be a first job to walk the area and

identify any hazards and prepare the risk assessments and develop the working

procedures.

A uniform and full HSE equipment will be required for each staff member.

A phone would be needed for keeping in contact and Lone Working at a cost of

approximately £300 per annum.

9. COSTS

Item Start-up Costs Revenue Costs

Equipment £25,000 £2000

Van £14,500 £2000

Staff (exc Apprentice) 0 £36,509 - £43,919

Phone £300

TOTAL £39,500 £40809 - £48219

Apprentice* (optional) 0 £6,734

TOTAL with Apprentice £39,500 £47543 – £54,953

Start-up costs of up of circa £40,000 can be met from the property reserve.

Initial staff costs of circa £5000 in 2017/18 can also be met from the reserve.

The ongoing revenue costs will be fed into the mix with other items in the budget

setting process. Excluding any other budget costs or savings this would represent a

call on the precept of £10.30 (13.61%) or about 20p per week for a Band D property.

10. TIMESCALES

TASK COUNCIL MEETING DATE

D&S Recommendations June 7th 2017

Council Provisional Agreement July 5th 2017

Agree: Job descriptions, Person Specs, Vehicle Specs, Machine Specs

September 6th 2017

Finalise and agree budget October 4th 2017

Order equipment/van November 2017

Start recruitment for Senior Grounds Maintenance Asst

November 2017

Senior Grounds Maintenance Asst January 2018

Risk Assessments January 2018

Start operational procedures January 2018

Start recruitment for other staff February 2018

SKEGNESS TOWN COUNCIL

REPORT TO: DIRECTION AND STRATEGY COMMITTEE 7TH JUNE 2017

BY: TOWN CLERK SUBJECT: Jolly Fisherman Trademark

PURPOSE: To determine the rules for enforcing the trademark and permitting use.

. 1 BACKGROUND

1.1 The Council has registered the Jolly Fisherman image as an official trademark of the Council and this has now been confirmed.

1.2 The image has been initially registered under the following categories of goods and services:

Action figures (Decorative -) of precious metal; Badges of precious metal; Boxes for cufflinks; Boxes for tie-pins; Brooches [jewellery, jewellery (Am.)]; Busts of precious metal; Commemorative medals; Commemorative shields; Cuff links; Cuff links and tie clips; Figures of precious metal; Figurines coated with precious metal; Figurines for ornamental purposes of precious stones; Figurines made from gold; Figurines made from silver; Figurines made of imitation gold; Figurines of precious metal; Figurines of precious stones; Figurines [statuettes] of precious metal; Key chains [split rings with trinket or decorative fob]; Key chains [trinkets or fobs];Key charms coated with precious metals; Key fobs; Key fobs made of precious metal; Key fobs, not of metal; Key fobs of common metal; Key fobs of imitation leather; Key fobs of precious metals; Key fobs [rings] coated with precious metal; Key tags [trinkets or fobs];Lapel badges of precious metal; Lapel pins;Metal badges for wear [precious metal]; Metal key fobs; Metal works of art [precious metal]; Miniature figurines [coated with precious metal]; Model figures [ornaments] coated with precious metal; Model figures [ornaments] made of precious metal; Ornamental figurines made of precious metal; Ornaments [statues] made of precious metal; Statues and figurines, made of or coated with precious or semi-precious metals or stones, or imitations thereof.

Activity books; Adhesive labels; Adhesive stickers; Advertisement boards of card; Advertising pamphlets; Advertising posters; Advertising publications; Art paper; Art pictures; Art prints; Attachments for pencils; Automatic pencils; Babies' bibs of paper; Baby books; Bags

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(Conical paper -); Bags (Garbage -) of paper or of plastics; Bags made of paper; Ball point pens; Blank cards; Book marks; Books; Brochures; Bumper stickers; Calendars; Cards; Carrier bags; Children's activity books; Coasters of cardboard; Collectable cards; Color pencils; Color prints; Coloring books; Colour pencils; Colour pens; Correcting and erasing implements; Correspondence cards; Desk calendars; Desk mats; Desk pads; Diaries; Dinner mats of card; Erasers; Events programmes; Fine art prints; Gel roller pens; Gift bags; Gift stationery; Greeting cards; Guide books; Informational flyers; Jotters; Journals; Memo pads; Menus; Mounted posters; Note pads; Paper badges; Paper cake decorations; Paper coasters; Paper garlands; Paper gift bags; Paper party decorations; Paper serviettes; Paper stationery; Party stationery; Pen and pencil boxes; Pen and pencil cases; Pencil erasers; Pencil sharpeners; Picture postcards; Place mats made of paper; Pocket diaries; Pocket handkerchiefs of paper; Post cards; Printed promotional material; Rulers.

All-purpose carrying bags; Bags; Beach bags; Combination walking sticks and umbrellas; Golf umbrellas; Grocery tote bags; Umbrellas; Walking sticks

Artworks of glass; Beer glasses; Beer pitchers; Beverage glassware; Biodegradable cups; Biscuit cutters; Bone china tableware [other than cutlery]; Bottle openers; Boxes for biscuits; Busts of porcelain, ceramic, earthenware or glass; Champagne flutes; China mugs; Coasters (tableware); Cocktail glasses; Cocktail shakers; Coin banks; Collector plates; Combs; Corkscrews; Crystal [glassware]; Crystal ornaments; Decorative glass [not for building]; Drinking bottles for sports; Drinking flasks; Drinking straws; Egg cups; Figured plate glass, not for building; Figurines [statuettes] of porcelain, ceramic, earthenware or glass; Glass vases; Glasses, drinking vessels and barware; Hip flasks; Leather coasters; Mugs; Sculptures made from glass; Shot glasses; Soap boxes; Tableware; Tankards; Tea pots; Tea sets; Vases.

Banners; Bathroom towels; Beach towels; Children's towels; Cloth flags; Cloth napkins; Soft furnishings; Table cloths; Tea cloths; Tea towels; Textile coasters; Textile place mats

Balloons; Balls for play; Bath toys; Beanbags in the form of playthings; Bingo markers; Bubble making wand and solution sets; Buckets [playthings]; Card games; Children's toys; Christmas tree decorations; Collectable toy figures; Costumes being children’s playthings; Dart flights; Dart wallets; Flippers for swimming; Flotation apparatus for swimming; Fluffy toys; Flying discs; Golf tees; Hand puppets; Inflatable beach balls; Inflatable swimming floats; Kites; Modelled plastic toy figurines; Noisemakers [toys]; Novelties for parties; Party favor hats; Party favours; Party novelties; Play balloons; Play figures; Play money; Playground apparatus; Puzzles; Swim rings; Toy printing sets; Water guns [playthings]; Water pistols; Water squirting toys; Water wings; Whistling toys.

Beer and brewery products; Craft beers; Lagers.

Accommodation services for functions; Accommodation services for meetings; Arranging of wedding receptions [food and drink]; Arranging of wedding receptions [venues]; Banqueting services; Cafe services; Catering; Child care services; Coffee shop services; Day nursery services; Hire of temporary office space; Hiring of rooms for social functions; Providing community centers for social gatherings and meetings; Providing facilities for exhibitions; Rental of rooms for social functions

1.3 There are further categories and other images and phrases that could be registered, but each phrase or image registered comes with an additional fee for each category.

2 COUNCIL USE

2.1 The Council is the registered owner of the trademark in preference to the Council’s company to ensure that whatever happens to the company, the trademark remains in ownership of the town.

2.2 The proposal is for the Council to formally grant exclusive permission to Skegness Trading Co Ltd to use the trademark for the purpose of commercial trading including commercial arrangements whereby the company may allow others to use the trademark for a fee or by way of joint trading using the image (e.g. allow a manufacturer to commercially produce an item for sale whereby the company would receive a fee or share of the profit). The Council would also use the trademark itself for the non-profit reasons of promotion of the town and would issue other non-commercial organisations with permission to use the trademark where this meets rules established by Council.

3 RULES OF USE BY OTHERS 3.1 Non-Commercial

Where an organisation seeks to use the image of the Jolly Fisherman it is proposed the following tests apply:- Is the use non-commercial in nature? Is the intended use likely to result in a commensurate (but not necessarily exclusive) benefit to the people of Skegness worthy of allowing the image to be used? Is the use of the image to be used in a context that will not bring Skegness, Skegness Town Council or Skegness Trading Co Ltd into disrepute? Has the finished artwork been provided with appropriate credits “Jolly Fisherman Image by permission of Skegness Town Council and Skegness Trading Co Ltd” If all yes then permission for a specified production run or a maximum of 1 year be granted. If any no then permission be refused.

3.2 Commercial

It is proposed that the commercial use of the Jolly Fisherman image is managed by Skegness Trading Company Ltd on behalf of Skegness Town Council. Where the proposal is to use the Jolly Fisherman for branding purposes of the requesting organisation then this always be rejected. Where the proposal is to use the image on a single product line or item, then the Council and company need to:-

• Be satisfied that use of the Jolly Fisherman is on a product that isof sufficient quality and that it will not bring the image into disrepute– a sample of the product would be needed.

• Be satisfied that the use of the image will not conflict with any usethat the Council or Company may wish to put in place.

• Be clear to the requester that it is unlikely that any exclusive usewill be guaranteed unless the commercial benefit is sufficiently highto make this the best way forward.

• Negotiate an appropriate commercial rate commensurate with theuse and likely commercial benefit.

• Be clear over the time period the image can be used or productionrun.

• Be clear that any use of the image clearly acknowledges bothCouncil and Company as also set out in 3.1

4 ENFORCEMENT

4.1 Trademarks are only of value if they are enforced. If over a period no action is taken to enforce then an argument could be established that it is not in use. Similarly, the Council through the company will need to trade in a way that brands the Jolly Fisherman – work on a website has commenced with an initial splash page.

4.2 In the past, some organisations may have applied to use the Jolly Fisherman through the copyright mechanism. Early on these licenses or permissions were not set with end dates. It is proposed that the Council’s position is that all use of the Jolly Fisherman image under copyright would have ended in March 2018. Any use under this scheme does not provide any rights now that the image has been protected as a Trade Mark. This may cause some issues with some organisations that have used the image but these organisations must be requested to reapply as set out in 3 above and it is possible that some may be refused.

5 RECOMMENDATIONS

a) It is recommended that the proposals set out or alternatives arerecommended to Council.

FOR DECISION For information relating to this report please contact The Town Clerk, Town Hall Skegness or email townclerk@skegness.gov.uk

Background papers None

SKEGNESS TOWN COUNCIL

REPORT TO: SKEGNESS TOWN COUNCIL 24TH MAY 2017

BY: TOWN CLERK SUBJECT: Emergency Plan

PURPOSE: To establish how an emergency plan should be developed and to identify the associated implications. . 1 BACKGROUND

1.1 Lincolnshire County Council are encouraging all Towns and Parishes to develop their own Emergency Plans which are then tested by the Lincolnshire CC emergency planning team.

1.2 Skegness faces its own issues due to the size of the Town. The one size fits all approach means that assumptions that may be true in small villages (e.g. the Parish Council has a close relationship with many of its residents) is not so true in larger towns.

1.3 The Emergency Plan is not intended to in anyway replace the role of the emergency services or the primary agencies in an emergency situation. It does however recognise that in some circumstances, the emergency services may be stretched and that local self-help may be able to assist in dealing with some aspects of the emergency, especially in the time it takes for the emergency services to respond.

1.4 Appendix A contains a copy of the Emergency Plan Template. This sets out the information that would need to be collected and how the Council should organise itself. This document is supported by a resource directory Appendix B. Both documents have started to be personalised for this area and are confidential documents.

1.5 The Town Clerk, Deputy Town Clerk and Cllr D Cargill have attended Emergency Planning Training.

2 TAKING THIS FORWARD

2.1 To take this forward the Council will need to appoint an Emergency Plan Team. Initially this will comprise Councillors but could extend to include

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other volunteers. However, the key roles and also those who can enact the plan should be either Councillors or a Council employee.

2.2 The emergency planning group needs to appoint an Emergency Planning Group Team Leader and Assistant Emergency Planning Group Team Leader. Both these members can activate the Plan along with the Mayor, Deputy Mayor and Town Clerk. It is worth noting all emergency planning members should attend training. It may be possible to invite Steve Harris from LCC emergency planning to provide some training and assistance with completing the emergency plan.

2.3 In the event of the emergency plan being activated, the personnel to support the emergency rest centre also need to be identified. The roles include Loggist, Emergency Support Centre Manager, Deputy Emergency Support Centre Manager, Meet and Greet, Registration Staff and Welfare Staff. All of whom should be emergency planning trained.

2.4 Other items to consider for the emergency plan:

• Distribution List for plan

• Purchase and location of an emergency box (reviewed at least twice a year)

• The training needed

• Emergency support/rest centre location (plus reserve location if the first is not available)

• Identification of high flood risk areas

2.5 The Emergency Plan and associated Resource Directory would need to be reviewed at least annually, ideally at the start of the new Council year.

2.6 Depending on the option moving forward the Committee should consider the resources required to prepare the plan and the timetable for doing so.

3 RECOMMENDATIONS 3.1 To decide on how to take this forward and the timetable for doing so.

FOR DECISION

For information relating to this report please contact The Town Clerk, Town Hall Skegness or email townclerk@skegness.gov.uk Background papers None

SKEGNESS TOWN COUNCIL

REPORT TO: DIRECTION AND STRATEGY COMMITTEE 7TH JUNE 2017

BY: TOWN CLERK SUBJECT: Public Space Protection Orders

PURPOSE: Consider areas to be included in Public Space Control Orders for the purpose of Dog Control . 1 BACKGROUND

1.1 ELDC will be introducing Public Space Protection Orders (PSPO) to moderate the behaviour of dog owners.

1.2 Currently, St Mary’s cemetery bans dogs under an existing order that will be removed. To protect the cemetery and grave spaces, it is proposed that the Council request that a ban of all dogs, apart from guidance dogs. The Council will then be able to moderate the no dog signs to include the threat of a fine for any breach of the order.

1.3 There is also a problem in St Clements’ churchyard. There is a public footpath running through the middle. Here the issue is dogs being let off the lead to roam and both defecate and urinate on graves. The proposal is for the PSPO to regulate that dogs must be kept on leads in the churchyard.

1.4 The deadline for responding is mid-June.

2 RECOMMENDATIONS

a) It is recommended that the proposals set out in 1.2 and 1.3 arerecommended to Council but in the meantime the Town Clerk is asked toproceed with the request.

FOR DECISION For information relating to this report please contact The Town Clerk, Town Hall Skegness or email townclerk@skegness.gov.uk

Background papers None

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East Lindsey District Council Dog Control Orders (2008)

Notice is hereby given of the intention of East Lindsey District Council to introduce orders pursuant to its powers under the Clean Neighbourhoods and

Environment Act 2005. (Primary Authority Areas)

This order will apply to all land, which is within the administrative area of East

Lindsey District Council.

There will be exemptions for blind people with guide dogs and disabled people using trained assistance dogs.

It is proposed that the orders will come into place on the 1st February 2008

1) To introduce an order to make it an offence not to remove dogfaeces from the following areas:

• Any public road• Any private road to which the public have access (unless the owner

of the road declares that he or she does not wish the order tocover it)

• Any public footpath• Any private footpath to which the public have access (unless the

owner of the footpath declares that he or she does not wish the

order to cover it)• Any other land, which is open to the air and to which the public are

entitled or permitted to have access (with or without payment).

2) To introduce an order to ban dogs from the following area

• Any enclosed and fenced designated children’s play area within the

area of East Lindsey District Council.

3) To introduce seasonal bans

• To ban dog from 1st May to 30th September on beaches identified

on maps contained within this order.

4) Miscellaneous Dog Control Order

• To make it an offence not to place a dog on a lead when requested

by an appropriately authorised officer. This will apply to any publicopen spaces as identified in (1) above.

The Council intends to issue £75 Fixed Penalty Notices for persons who fail to

comply with the above order and anyone who fails to pay a Fixed Penalty Notice may be prosecuted.

Anyone who commits an offence under any of the provisions of the Dog Control Order will be liable on conviction in the Magistrates Court to a fine of up to

£1,000.

East Lindsey District Council Dog Control Orders (2008)

Notice is hereby given of the intention of East Lindsey District Council to introduce orders pursuant to its powers under the Clean Neighbourhoods and Environment Act 2005. (Secondary Authority Areas)

There will be exemptions for blind people with guide dogs and disabled people

using trained assistance dogs.

This order will apply to all land detailed below

Alford Town Council

• No dogs allowed within the Cemetery, Farlesthorpe Road(excluding Cemetery Lodge & Private Garden)

Anderby Parish Council • To make it an offence to not put or keep a dog on a lead on Sea

Wall path, 270 metres to the south of the pullover at AnderbyCreek and in other areas within the Parish of Anderby boundaries,

when requested to do so by an officer locally appointed by theParish Council

• No dogs allowed on an area of the beach, 270 metres south of

pullover at Anderby Creek from 1st May until 30th September ineach year

Chapel St Leonards Parish Council • Land at rear of Village Hall, Sea Road that is leased by Parish

Council for recreational area - No dogs allowed• Beach area 400 meters, either side of the main pullover in Chapel

St Leonards. No dogs allowed. (Seasonal ban, 1st May to 30th

September)

Ingoldmells Parish Council • Glebe Park – No dogs allowed

• Queen Elisabeth Playing Field – No dogs allowed• Addlethorpe Cemetery - No dogs allowed• Ingoldmells Churchyard - No dogs allowed

Maltby le Marsh Parish Council

• Parish Church yard and Burial ground - No dogs allowed

Skegness Town Council:

• St Mary’s Cemetery – No dogs allowed

The Council or locally authorized officers intend to issue £75 Fixed Penalty Notices for persons who fail to comply with the above order and anyone who fails to pay a Fixed Penalty Notice may be prosecuted

Anyone who commits an offence under any of the provisions of the Dog Control

Order will be liable on conviction in the Magistrates Court to a fine of up to £1,000

A copy of this order is available free of charge at any East Lindsey District

Council office and it is also available to download from the councils website

PROPOSAL DOCUMENT

EAST LINDSEY DISTRICT COUNCIL PUBLIC SPACE

PROTECTION ORDER

Notice is hereby given of the intention of East Lindsey District Council to introduce orders pursuant to its powers under the Anti-Social Behaviour, Crime and Policing Act 2014 that will replace the East Lindsey District Dog Control Order 2008.

This order will apply to all land, which is within the administrative area of East Lindsey District Council (`the Council’).

It is proposed that the orders will come into place on the 20th October 2017.

1) To introduce an Order to make it an offence not to remove dogfaeces from the following areas:

• Any public road;• Any private road to which the public have access (unless the ownerof the road declares that he or she does not wish the order tocover it);

• Any public footpath;• Any private footpath to which the public have access (unless theowner of the footpath declares that he or she does not wish theorder to cover it);

• Any other land, which is open to the air and to which the public areentitled or permitted to have access (with or without payment).

2) To introduce an Order to ban dogs from the following area

• Any gated and fenced designated children’s play area within theadministrative area of the Council.

3) To introduce seasonal bans

• To ban all dogs on the beaches identified below and as outlinedand shaded blue on maps contained within this order from 1st Mayto 30th September in any same year:

I. Skegness

II. Sutton on SeaIII. Mablethorpe

Please see Appendices i, ii & iii for Seasonal Ban Location Maps

PROPOSAL DOCUMENT

East Lindsey District Council Public Space Protection Order

4) Miscellaneous Public Space Protection Order

• To make it an offence not to place a dog on a lead when requestedby an appropriately Authorised Person. This will apply to any publicopen spaces as identified in 1) above.

There will be exemptions for any person who:

i. is registered as a blind person in a register compiled under section29 of the National Assistance Act 1948; or

ii. is for the time being in charge of an Assistance Dog registered withAssistance Dogs UK and upon which he relies for assistance.

An `Authorised Person’ shall mean any Police Constable, Police Community Support Officer or Council Officer (or an agent contractor appointed by them for the purpose) who must produce evidence of their identity upon request

The Authority intends to issue £100 Fixed Penalty Notices for persons who fail to comply with the above order and anyone who fails to pay a Fixed Penalty Notice may be prosecuted.

Anyone who commits an offence under any of the provisions of the Public Space Protection Order will be liable on conviction in the Magistrates Court to a fine of up to £1,000.

PROPOSAL DOCUMENT

East Lindsey District Council Public Space Protection Order

Appendix i

PROPOSED SKEGNESS SEASONAL DOG BAN AREA

PROPOSAL DOCUMENT

East Lindsey District Council Public Space Protection Order

Appendix ii

PROPOSED SUTTON ON SEA SEASONAL DOG BAN AREA

PROPOSAL DOCUMENT

East Lindsey District Council Public Space Protection Order

Appendix iii

PROPOSED MABLETHORPE SEASONAL DOG BAN AREA

East Lindsey District Council Public Space Protection Order

PROPOSED SKEGNESS SEASONAL DOG BAN AREA

  

Position statement on Public Space Protection Orders FROM THE PUBLIC AFFAIRS DEPARTMENT

Key facts…

★ The Public Space Protection Order (PSPO) introduced through the Anti Social Behaviour

Crime and Policing Act 2014 supersedes the Dog Control Orders (DCO) previously used by

local authorities.

★ The RSPCA acknowledges the value of PSPOs for local authorities to ensure that sections of

open space may be dog-free, for example childrens’ play areas, sports fields, etc.

★ In the past the introduction of DCOs has generally had a negative impact on responsible dog

owners and dog welfare.

★ Dogs enjoy interacting and playing with other people and animals and it is important that

they are able to express this and other normal behaviour off the lead.

★ It is therefore imperative that local authorities use PSPOs sparingly and in a manner that is

proportionate to the problem, in accordance with Defra’s guidance.

★ Local authorities should be aware that under section 9 of the Animal Welfare Act, owners

are required to ensure they meet their pets’ welfare needs, this includes the freedom to

express normal behaviour and regular and appropriate exercise.

★ It is for this reason, that where dogs are excluded or restricted on open spaces, it is

essential that local authorities ensure that other open spaces in close proximity remain

accessible to dogs on and off leads to allow owners to fulfil their responsibilities.

★ It is the Society’s view that local authorities should promote responsible dog ownership

through encouragement of training, proper care, microchipping, neutering as well as

ensuring that owners clean up after their dogs.

Current legislation The Anti-social Behaviour, Crime and Policing Act 2014 replaced the provisions for restricting access to public spaces by

dogs previously enforced by Dog Control Orders (DCOs) under the Clean Neighbourhoods and Environment Act 2005.

Since October 2014 Public Space Protection Orders (PSPOs) have been used instead. However DCOs already in existence

will be allowed to continue for a further three years before they must be replaced by PSPOs.

PSPOs are a generic Order designed to deal with a range of anti-social behaviour in public places. A PSPO can make

prohibitions or requirements to do something to prevent or reduce the detrimental effect of the activity concerned.

However they must be reasonable. For example they can exclude dogs from certain areas, require faeces to be picked

up, keep dogs on leads in certain areas, restrict the number of dogs walked by one person, etc. The Defra guidance on

PSPOs does state that local authorities should look to provide other suitable dog walking areas in the locality where

restrictions are in place in other areas . 1

Interestingly, it appears Defra has also given advice that where the 2005 legislation has not been adopted and DCOs have

not been introduced by a local authority then the measures under the Dogs (Fouling of Land) Act 1996 still applies.

Animal welfare concerns The RSPCA has received hundreds of letters and emails from members of the public who have expressed concern that

they as responsible dog owners have been excluded from parks and other open spaces as a result of the actions of an

1 https://www.gov.uk/government/publications/dealing-with-irresponsible-dog-ownership-practitioners-manual (accessed 20.10.14)

For further information: politicalaffairs@rspca.org.uk www.politicalanimal.org.uk

LAST UPDATED: 24.02.15 PAGE 1 PRODUCED BY: C. Robinson, L. Rolles, S. Gaines

irresponsible few. Some correspondence has highlighted concerns regarding the inability to allow their dog to exercise

freely and interact with other dogs because of requirement in some areas for dogs to be kept on the lead at all times.

Other feedback has focussed on the perception that DCOs and PSPOs have been used to tackle low level anti-social

behaviour such as fouling, whilst avoiding tackling the more problematic dog owners.

Many local authorities have viewed them as a positive influence, allowing officers to take action swiftly against

irresponsible owners. However, all acknowledge that the consultation period and planning involved is extremely time

consuming and resource intensive. For this reason Home Office guidance on using PSPOs highlights ‘Frontline

professionals must use the powers in the Anti-social Behaviour, Crime and Policing Act 2014 responsibly and

proportionately’ 2

A number of local authorities have also acknowledged that enforcement has been a problem too with little power to

prevent a member of the public giving a false name or address or just walking away from a park warden who is trying to

issue a fixed penalty notice.

The Society has not had the resources to reply in detail to every PSPO consultation that has been sent to us. However we

have provided a standard response that reflects our concerns about the shortcomings of a poorly thought out, consulted

and enforced one (please see below).

RSPCA position on Public Space Protection Orders Dogs enjoy interacting and playing with other people and animals, and it is important that they are able to express

normal behaviour off the lead. Being walked off the lead and being able to meet, play and interact with new animals and

people are important aspects of ensuring dogs are safe within a community. Being able to meet, play and interact is

particularly important for puppies to be ensure they develop into well adjusted happy individuals. Where this is not

allowed or done incorrectly problems can occur which include fear and aggression. We do recognise that not all dogs will

be well-socialised and ‘safe’ and where this is known then they should remain on a lead but this should be done on a

risk-based approach and owners should be encouraged to be responsible about this. It is therefore imperative that local

authorities use Orders sparingly and in a manner that is proportionate to the problem, in accordance with guidance.

Local authorities should be aware that under section 9 of the Animal Welfare Act, owners are required to ensure they

meet their pets’ welfare needs, this includes the freedom to express normal behaviour and regular and appropriate

exercise.

It is for this reason, that where dogs are excluded or restricted on open spaces, it is essential that local authorities ensure

that other open spaces in close proximity remain accessible to dogs on and off leads to allow owners to fulfil their

responsibilities.

The RSPCA acknowledges the value of PSPOs for local authorities to ensure that sections of open space may be dog-free,

for example childrens’ play areas, sports fields, etc. However it is the Society’s view that it is more important for a local

authority to promote responsible dog ownership through encouragement of training, proper care, microchipping,

neutering as well as ensuring that owners clean up after their dogs.

The Society sees this as a better means of tackling the problem of dog control in the long-term than issuing orders -

which could prove a strain on resources with regard to the policing and enforcement, particularly if they are widely

applied across the authority area.

Therefore the RSPCA hopes that local authorities issue PSPOs cautiously and not as a blanket power that punishes the

responsible majority in an effort to tackle problems created by an irresponsible few.

2 https://www.gov.uk/government/uploads/system/uploads/attachment_data/file/364851/Public_and_open_spaces_information_note.pdf page 2 (accessed 24.02.15)

For further information: politicalaffairs@rspca.org.uk www.politicalanimal.org.uk

LAST UPDATED: 24.02.15 PAGE 2 PRODUCED BY: C. Robinson, L. Rolles, S. Gaines