What restrictions apply to hounds in East Devon?
NB – this advice is for East Devon only.
To find out what you can do in your own area, click here.
Some local councils have a “Public Space Protection Order” (PSPO). Essentially, PSPOs are brought in to prevent anti-social behaviour. East Devon District Council (EDDC) has a PSPO and control of dogs is a significant part of it. Essentially, in East Devon dogs must:
- be on a lead when on a public highway and
- the owner must pick up all the faeces
- no more than 6 hounds in one person’s control
In most areas of law relating to dogs, hunting hounds are specifically exempted, alonside police dogs, guide dogs etc (though hunt dogs’ service to people is highly debateable). However, in EDDC, there is no exemption for hunting dogs. This means that the PSPO that applies to all dogs in East Devon, applies to hunting dogs (hounds) as well.
The restrictions in detail
Here is a link to the PSPO for East Devon that applies to dogs:
https://eastdevon.gov.uk/media/3720944/pspo-2020-control-of-dogs-order-legal-signed-copy.pdf
There are the two relevant parts:
Dog(s) on lead on roads and pavements
A person in charge of a dog shall be guilty of an offence if, at any time within the restricted area, he does not keep his dog on a lead less than 1m in length whilst on a public road or on a pavement adjacent to a road, unless he has reasonable excuse for failing to do so.
- (i) Failing to have a lead in his possession at the time shall not be a reasonable excuse for failing to do so.
- (ii) In this order ‘a road’ is a ‘highway with a right of passage for motor vehicles”
Fouling
If within the restricted area a dog defecates at any time on land to which the public or any section of the public has access, on payment or otherwise, as of right or by virtue of express or implied permission, and a person who is in charge of the dog at the time fails to remove the faeces from the land forthwith and properly dispose of it, that person shall be guilty of an offence unless
(i) he has reasonable excuse for failing to do so: or
(ii) the owner, occupier or other person or authority having control of the
land has consented (generally or specifically) to his failing to do so.
No more than 6 dogs
On land to which the public or any section of the public has access, on payment or otherwise, as of right or by virtue of express or implied permission, the maximum number of dogs which a person may take onto the land is 6 unless
(i) he has reasonable excuse for failing to do so; or
(ii) the owner, occupier or other person or authority having control of the land
has consented (generally or specifically) to his failing to do so.
This is the area it covers. [There is something rather odd about this. The order (link above) mentions a map “attached to the order”, with the restricted area “outlined in red”. However, the attachment has mysteriously disappeared, since attention has been drawn to the oversight in the PSPO. We are looking into when and why the map was removed].
Who enforces the restrictions and what is the penalty?
,”Authorised officers” should enforce the restrictions.
An authorised officer means an employee of the Council, or other person who is authorised in writing by the Council, or a Police Officer for the purpose of giving directions or carrying out enforcement under this order.
This is the penalty:
Liability to conviction for the offence may be discharged by the payment of a fixed penalty notice issued by an authorised officer or police officer. The amount of the fixed penalty notice shall be £80 and it shall be payable to East Devon District Council.
The officers and the District Council have a DUTY to enforce the restrictions. There is no discretion other than “reasonable excuse”. Few would consider “we were following a trail” as an excuse, as laying a trail on a road is not feasible. It is unlikely that any of the right officers will witness the behaviour, so it is CRUCIAL that we are on the alert for it and know what to do when we see it.
How do I report breaches and what evidence do I need?
If you see hunting dogs (hounds) anywhere on roads in East Devon, you should immediately take a note of the location. Take a photo, or video evidence to go with it. (Make sure you are safe, though. Hunts can get nasty). Then report it to BOTH the police (101) and the Council. Make sure you keep the reference number and chase them up for a response.
Here is a link to the council website for reporting incidents. [Again, another odd thing here. The link is about reporting dog incidents – but when you click on it, dogs are mysteriously absent from the list of things to choose from. We are sure it was there before! Again, we are looking into it. Don’t let this put you off though. Report it as a General Enquiry].
Restrictions may end in 2023. What can I do about that?
East Devon’s Public Space Protection Order is up for a review and the council wants to remove the “all dogs must be on leads” restriction. Any changes will come into force next spring (2023). Have you say in this consultation: NB WE ONLY HAVE A MONTH TO DO THIS – THE CONSULTATION CLOSES NOVEMBER 20TH.
If you have been affected by hounds on Devon’s roads, now is the time to speak up anyway. In our opinion no hound should be allowed on any road anywhere.
Other councils – what can I do in my own area?
Some councils have PSPO’s, and some don’t.
The first thing to do is Google your own council and see if there is a PSPO. If there is, find out if any of it relates to dogs (many do). Check to see if hunting hounds are exempted. If there is no mention of hunting hounds, then let us know, and we’ll take a closer look at the order to see how it affects the hunts in your area.
If there is no PSPO, then you should contact your local council (parish, town, district and county – all of them) and ask if they would consider creating one. The more of us who ask, the better the chance of getting one. Evidence of hounds all over the road etc, would be helpful. A useful resource is the League Against Cruel Sports report “Hunt Havoc”. Check out the reports in your county and use them to ask for a PSPO. Here is a link to the report:
https://www.league.org.uk/hunt-havoc/
Another useful resource is this list of hunts and their local councils
https://actionagainststaghunting.org/wp-content/uploads/2022/10/Local-Councils-and-Hunts.xlsx
Please email info@actionagainststaghunting-org.stackstaging.com and let us know if we can help. We would like to know of any local campaigns.
How To Contact Us
Email us: info@actionagainststaghunting-org.stackstaging.com
OR contact us through our Facebook page: https://www.facebook.com/ACTIONAGAINSTFOXHUNTING/