This is one of the major problems of legislating in this area. However, the Bill provides that an authorised person brings the control notice and would be the person to whom the offence would be reported. This would probably be an official of the local council or a police officer, and it would be someone with knowledge of the issues.
The issues surrounding the phrase ““dangerously out of control”” are quite important. If a dog is on the street without a lead, or if it is a certain breed of dog without a muzzle on, which you would expect, or if it snarls at a person, then those are circumstances in which the dog is dangerously out of control. Obviously there are circumstances for which the phrase would not be appropriate, such as when a dog is barking. Indeed, a later amendment clarifies that if a dog is being kept under control in a garden with secure fences and a warning has been given, if it then barks, that is normal for a dog and therefore would not be taken into account here. The problem is that in our inner cities, in many instances, fear is generated by people walking dogs over which they have little control and it can be shown that the dog is causing a problem. That has to be taken up with the authorised person who will have training for these circumstances, and a degree of common sense will need to be used.
Dog Control Bill [HL]
Proceeding contribution from
Lord Redesdale
(Liberal Democrat)
in the House of Lords on Friday, 4 March 2011.
It occurred during Committee of the Whole House (HL)
and
Debate on bills on Dog Control Bill [HL].
Type
Proceeding contribution
Reference
725 c1300-1 
Session
2010-12
Chamber / Committee
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