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Sutton Coldfield dog owner 'shocked' as barking Boxers land him £700 fine

Document Cited in Related
Vincent
Published date02 April 2021
Thomas Nisbet admitted he did not take the problem seriously despite Birmingham City Council issuing multiple warnings the two dogs were causing a 'nuisance'.

The 67-year-old from Sutton Coldfield stated he was 'shocked' at being hauled to Birmingham Magistrates' Court today, Thursday, April 1, particularly into one of the main traditional rooms with a glass panelled custody dock -usually reserved for the more serious and urgent criminal cases.

Mr Nisbet apologised for the inconvenience caused to his neighbour and said: "When we came in here today we were totally shocked I didn't expect to be sitting here.

"I thought we would go in a room and get told off and to keep the dogs under control."

Nisbet admitted nine charges of failing to comply with an abatement notice. The chair of the bench emphasised they were 'serious offences' and confirmed he would be fined £700.

Olivia Beesley, representing the city council, stated the authority first notified Nisbet in December 2019 following a complaint about two dogs being left in his back garden at Stephens Road all day and barking while he was out.

A second letter was issued in January 2020 confirming the council was investigating the matter as reports continued, while a third was sent in May.

Ms Beesley said in June last year environmental health officers 'witnessed two dogs barking and were satisfied it was a statutory nuisance', which led to the first abatement notice being sent out.

Problems persisted throughout the summer despite ongoing dialogue between the council and Mr Nisbet's wife in particular, who initially apologised, the court heard. Officers set up noise monitoring equipment in August which confirmed the dogs were continuing to cause a 'nuisance' in breach of the abatement notice.

The offences related to incidents on August 20, 21 and 24, September 4 and 6, October 13, November 16 and 23 and December 12.

Ms Beesley said: "Mr Nisbet had stated he does leave his two boxer dogs in the garden when he and his wife go to work but does not believe they are causing a nuisance and they do not bark when they are at home."

But she added the complainant had observed a 'noticeable change' after a court summons was served last month, due to either one or both of the dogs not being left in the garden...

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