ContentsIntroduction....................................................................................................................2

Previous measures to control dog worrying and attacks on sheep on the Tye..............2

Why is a PSPO needed?...............................................................................................3

Pre-consultation activity.................................................................................................3

PSPO options we are consulting over...........................................................................4

Option 1 - Year round but only in the vicinity of sheep...............................................4

Option 2 - Year round.................................................................................................4

Option 3 – More lenient dog control...........................................................................4

Supporting evidence for the proposals..........................................................................4

How to respond to the consultation...............................................................................5

Next Steps.....................................................................................................................5

Appendix 1 - Map of Telscombe Tye.............................................................................6

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Telscombe Tye proposed Public Spaces Protection Order Consultation informationSeptember 2018

Introduction

Public Spaces Protection Orders (PSPOs) can be made by district and borough councils to deal with issues that have a detrimental and persistent effect on the quality of life of residents in the area.

PSPOs place conditions or restrictions on what people can do within a specific area. Breaching a PSPO without reasonable excuse is a criminal offence punishable by a fixed penalty notice or prosecution. A PSPO can last for a maximum of three years but may be extended if justified.

We have a number of PSPOs already in place in Lewes district, addressing issues related to dog fouling and the public consumption of alcohol.

We are now exploring the possibility of introducing a PSPO on Telscombe Tye to protect the lambs and ewes that graze on the Tye from being scared, injured or killed by dogs.

About Telscombe Tye

Telscombe Tye is a 200 acre area of downland in the South Downs National Park, extending from Telscombe Village to the south coast. It is registered as Common Land with grazing rights for sheep, and was purchased by Telscombe Town Council in 1989. One of the flocks on the Tye, consisting of 100 sheep, is owned and cared for by the Council on behalf of the community. Sheep grazing helps to maintain the downland, while the sale of ewes from the community flock raises funds for the Council, for public benefit.

Although there is no statutory right of access for people, the Town Council encourages use of the land for quiet enjoyment including dog walking.

Previous measures to control dog worrying and attacks on sheep on the Tye

Over recent years there have been a number of sheep attacks on the Tye.

The Town Council and other agencies (such as Sussex Police and South Downs National Park) have carried out a range measures to try and prevent sheep attacks.

This includes:

Articles in local media Social media activity Signage on the Tye Campaigns, including ‘Take the Lead’ Advisory events on the Tye Prosecution of offences committed under The Dogs (Protection of Livestock)

Act 1953 On-going education with local school children

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Why is a PSPO needed?

Despite local measures to reduce the frequency of dog attacks, incidents continue.

Worrying of sheep by dogs (attacking, chasing or being off the lead in a field in which there are sheep) can result in the dog owner/walker being prosecuted under the Dogs (Protection of Livestock) Act 1953. However, this legislation cannot be enforced by the local authority and makes no provision for fixed penalty notices; nor does it take account of the impact that dog attacks on the community flock can have on local people.

Loss of ewes and lambs can have a major financial and emotional effect on all concerned. The cost of replacing livestock is borne by the Town Council but ultimately from public funds. The sight of a dog attack, at the time of the incident and its aftermath, can be very distressing for the farmer and anyone using the Tye. Pupils from Telscombe Cliffs Primary School take a keen interest in the flock, with regular visits to the farm.

The underlying cause of sheep worrying is the failure to keep dogs on leads in areas where sheep are present. It is a persistent problem on the Tye and is having a detrimental effect on the quality of life of those in the locality.

Pre-consultation activity

In July 2018 we carried out pre-consultation with key stakeholders to find out initial views on five proposed options, whether there were viable alternative options that had not been considered previously, and whether there were any stakeholder groups to be engaged as part of the full consultation.

Responses were received from The Kennel Club, Telscombe Residents Association and Natural England. Option 2 (see PSPO options we are consulting over, below) was developed in consultation with The Kennel Club, following a joint site visit to the Tye with Lewes District Council and Telscombe Town Council staff.

The feedback provided by these groups helped refine the proposals to the three options below.

A copy of the pre-consultation report, including the original options, please email: bpp@lewes-eastbourne.gov.uk.

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PSPO options we are consulting over

Option 1 - Year round but only in the vicinity of sheep

A person is guilty of an offence if at any time, and without lawful excuse, he or she takes onto, or allows to enter or remain on, Telscombe Tye any dog which is not on a short lead and which is in the vicinity of sheep.

For the purposes of this Order, “short lead” means a lead of fixed length and of not more than two metres.

Option 2 - Year round

I. Subject to paragraph II, a person is guilty of an offence if at any time, and without lawful excuse, he or she takes onto, or allows to enter or remain on, Telscombe Tye any dog and fails to keep the dog on a short lead.

II. A person is not guilty of this offence in paragraph I so long as he or she keeps the dog in sight at all times AND prevents it from approaching sheep.

III. A person may not rely on the exception permitted under paragraph II where an authorised officer reasonably requests the person to place the dog on a lead.

For the purpose of this Order, “short lead” means a lead of fixed length and of not more than two metres and “authorised officer” means an officer authorised by Lewes District Council.

Option 3 – More lenient dog control

Any of the options above but replacing “on a short lead” with “on a lead or otherwise under close control” – to mirror the wording of the Dogs (Protection of Livestock) Act 1953. This would permit dog walkers to use an extendable lead, or no lead so long as the dog was under “close control”.

Supporting evidence for the proposals

The proposed options aim to strike a balance between effectively addressing the issue and ensuring that responsible dog owners are not penalised.

They aim not to discourage dog owners from enjoying the Tye, but to do so responsibly and to consider the impact an attack can have.

The table below gives a breakdown of all sheep deaths reported on Telscombe Tye between 2016 and 2018. These are deaths of sheep owned by Telscombe Town Council and Stud Farm.

Period Number of Ewes lost

Number of Lambs lost

2016/17 28 212017/18 43 9

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2018/19 (to Sept) 19 6The loss of unborn lambs due to the death of pregnant ewes is not included in the figures above.

Sussex Police data shows that in 46% of all attacks reported across Sussex between September 2013 and 2017 dog owners were present. This is compared to 11% present in North Wales, 21% in North Yorkshire, 42% in Hertfordshire and 51% in Devon and Cornwall1.

How to respond to the consultation

To give your response to this consultation please visit our website: www.lewes-eastbourne.gov.uk/TelscombePSPO

Paper copies of the consultation information are available at Telscombe Town Hall or on request by emailing bpp@lewes-eastbourne.gov.uk.

Nothing has been decided and we welcome all views on these options as well as any alternative proposals you may have.

The closing date for the consultation is 5pm on Friday 23 November.

Next Steps

Once the consultation closes the responses given will be analysed and officers of the district council will draft a consultation report which will include a summary of the feedback received.

The report will be taken to the decision maker in December 2018.

A final decision will then be published in January 2019, along with a copy of the consultation report.

Appendix 1 - Map of Telscombe Tye1 All Parliamentary Group For Animal Welfare. Tackling livestock worrying and encouraging responsible dog ownership, 2017. Available at: http://www.apgaw.org/wp-content/uploads/2017/11/APGAW-Livestock-Worrying-Report-2017.pdf

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Telscombe Tye area defined by black outline and green fill.

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