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Resident issued with Wyre’s first Criminal Behaviour Order over nuisance dog

Noise pollution Published Wednesday, 04 July 2018

A Poulton resident has been issued with a Criminal Behaviour Order following a successful statutory noise nuisance prosecution by Wyre Council Environmental Protection Service.

Steven Wilcock of Garstang Road East in Poulton pleaded guilty at Blackpool Magistrates Court on 4 July to a charge of failing to comply with a noise abatement notice served to stop the continuous barking of a dog in his ownership.

The court heard that the council first received complaints of barking from neighbouring residents in March 2017, at which time the council’s officers commenced an investigation which included the installation of noise monitoring equipment.

Having established the existence of a nuisance and witnessed the detrimental impact the barking was having on those in the locality, the council served an abatement notice on 11 August 2017, however the council continued to receive complaints of barking, and on further investigation witnessed numerous breaches of the abatement notice.

Following the hearing, Mr Wilcock was issued with the Criminal Behaviour Order which prohibits him from keeping the dog in question at his address on Garstang Road East, and from kennelling any other dog outdoors at that address.

Mr Wilcock was also issued a fine of £70 and ordered to pay £1,000 costs.

Councillor Lynne Bowen, Leisure, Health & Community Engagement Portfolio Holder at Wyre Council said:

“The council takes complaints of noise nuisance very seriously. Despite numerous attempts by the council’s officers to resolve this matter informally, the defendant has without reasonable excuse continued to allow his dog to bark.

“The detrimental impact this noise has had on those residents living nearby is significant, as is the time which council officers have had to devote to this investigation.

“Dog owners are responsible for the control of their animals including the noise they make and I am glad that the court has recognised this.”

This is the first Criminal Behaviour Order which the council has applied for and demonstrates how the 2014 Anti-social Behaviour powers can be used alongside traditional enforcement tools to tackle behaviours which cause alarm, harassment and distress to our residents.

Failure to comply with the Criminal Behaviour Order could result in a custodial sentence of up to 5 years.

Residents can report noise pollution by visiting www.wyre.gov.uk/reportit.

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