Following a comprehensive public consultation, the existing Paddington Old Cemetery PSPO has been varied to include new requirements. Here are some frequently asked questions (FAQs) to help you understand the changes:
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Paddington Old Cemetery: PSPO FAQs
Why do dogs now need to be kept on a lead in Paddington Old Cemetery (POC)?
Following the outcome of the public consultation, the variation of the PSPO has been chosen as the most appropriate to address the range of complaints received. This also brings POC into line with all other Brent Cemeteries.
How did Brent Council come to this decision?
This decision has been taken following consideration of a range of evidence, analysis of the issues, complaints raised, together with the results of the public consultation, which ran from 18th October to 10th December 2024.
View the full details of the PSPO variation, together with the officer decision.
Who made the decision?
The decision was made by the delegated officer, Peter Gadsdon (Corporate Director, Partnerships, Housing and Resident Services) in consultation with Cabinet Leader, Safer Communities, Jobs and Skills.
When does this decision on a variation to the PSPO take effect?
The variation comes into effect on Monday 10th March 2025.
When will this decision be formally enforced within Paddington Old Cemetery (POC)?
Formal enforcement for breaching the PSPO in POC (by the issuing of fixed penalty notices) will begin once signage is in place at the entrance to POC.
Until that time, council enforcement officers will continue to warn and inform those who breach the PSPO within POC, allowing further time for cemetery users to adapt behaviour ahead of formal enforcement.
Signage is expected to be completed and in place in the coming weeks.
How will this be enforced?
Once signage is in place at the entrance to POC and during their regular visits, an attending council enforcement officer witnessing a Breach of PSPO conditions is authorised to issue a £100 Fixed Penalty Notice (FPN).
Repeated breaches of PSPO conditions will incur further fixed penalty notices and could lead to further enforcement action being taken.
Can I challenge an FPN?
There are no formal grounds of appeal against an FPN. If you feel there are mitigating circumstances you can make a representation in writing.
- Please allow 21 days for your case to be reviewed. Your fixed penalty will be put on hold while this happens. Note that you may receive an automated reminder letter during this 21-day period.
- We cannot accept a representation if you have already paid your FPN.
- If you do not agree that you committed the offence, it will be for the court to decide on any penalty based on the evidence.
Can I complain about the behaviour of an Enforcement Officer?
If you feel the officer’s behaviour was unacceptable, please write to the address provided on your FPN and your complaint will be investigated.
Making a complaint is treated separately to the issue of the FPN. We recommend that you consider paying the penalty within the time limit provided to prevent any legal action being started for non-payment.
What happens if I don’t pay the FPN?
An FPN should be paid within 14 days of the date of issue.
Failure to pay a fixed penalty may result in prosecution where the maximum fine at a Magistrates’ Court is £2,500.
What do I do if I see a dog running off lead in POC?
It is important for all POC users to respect the cemetery and observe the conditions of the PSPO. If you witness an owner with their dog off lead please report the breach by emailing cemeteries@brent.gov.uk.
How long will this change (and PSPO) be in force for?
This is a permanent variation on the current PSPO and will be in force until 31 January 2026, when the PSPO is reviewed.
During the intervening time, we will continue to monitor the use of POC and whether the additional control measures introduced have reduced the number and type of complaints received.
The final decision on the consultation refers to a further consultation on a potential for an enclosed area within POC, when will this happen?
As soon as is practicable, the council will begin a consultation on a dedicated enclosed area within POC. Details of which will be published on the councils website in due course where it is proposed, dogs may be walked off lead.
Can I still exercise my dog 'off-lead' locally?
Yes, there are two local parks where you can exercise your dog off-lead:
- Tiverton Green, which is 0.8 miles away (about an 18-minute walk), and
- Paddington Recreation Ground, which is 1.2 miles away (about a 26-minute walk).
Where can I find more information about the consultation results and the final decision?
The consultation report and decision are available on the Decision details page on our Democracy website.