The thought of leaving their furry friends at home when they leave the house fills many dog owners with dread, concerned they may bark a lot in their absence out of loneliness, fear or frustration.
But there is another reason owners should be mindful of their pet being too vocal for a lengthy spell.
According to TeamDogs, if your pup howls or barks too much, you could end up getting in hot water yourself. That’s because failing to stop your pup from barking excessively is actually a breach of the law - and there’s a serious fine attached to it.
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Under the provisions of the Environmental Protection Act 1990, any noise emitted from premises that is likely to cause injury to a person’s health or interfere with their enjoyment of their property can be considered a ‘statutory nuisance’.
Surprisingly, this includes ‘any animal kept in such a place or manner as to be prejudicial to health or a nuisance ’ – or, as government guidance on noise nuisances explains, ‘barking dogs’.
Local authorities have a duty to investigate any noise complaints issued by people living in the area, as well as take formal action where necessary, so if your neighbour reports your pup for barking, you could well end up having to take a trip to a magistrates’ court - and potentially getting left with an unlimited fine.
In fact, one dog owner from Southam, near Stratford-Upon-Avon in Warwickshire, was fined a total of £9,304 in January 2020.
Per the Environmental Protection Act, dog owners who don’t stop their animal causing noise are ‘ liable on summary conviction for a fine not exceeding level 5 on the standard scale ’, as well as ‘ a further fine… for each day on which the offence continues ’.
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A level 5 offence on the standard scale was previously capped at a maximum of £5,000, however, is now subject to an unlimited fine.
A spokesperson for DEFRA (Department for Environment, Food and Rural Affairs) explained to TeamDogs: “For crimes committed after 13 March 2015, level 5 has been done away with and all criminal penalties expressed as being punishable on summary conviction by a maximum fine of £5,000 or more, or expressed as being a level 5 fine, are now punishable by a fine of any amount (i.e. unlimited).
"That’s as a result of section 85 of the Legal Aid, Sentencing and Punishment of Offenders Act 2012 .”
However, don’t panic just yet! Your furry chum is only likely to constitute a ‘noise nuisance’ if they’re barking a lot. The odd bark here or there shouldn’t get you into trouble!
For context, according to The Mirror, one couple ended up with a £1,700 fine after their two bichon frises barked 150 times in 51 minutes. (Though, admittedly, that’s quite an hourly payment rate!)
Additionally, there are several stages of proceedings before the fine is issued.
The relevant local authority must first agree that a statutory nuisance is happening, or will happen in the future. Factors likely to be taken into account during the council’s assessment of the noise nuisance include the volume and duration of the barking, as well as the time of day at which it takes place (night or day).
If they agree with the complaint, the council will then serve an abatement notice within seven days, requesting that whoever is responsible for the dog stop or restrict its barking.
Failure to comply with this notice is a criminal offence, so if the barking continues, the person responsible for the dog may be prosecuted in a magistrates’ court.
(It’s worth knowing, though, that owners can appeal a noise abatement notice within 21 days of it being served!)
If convicted of breaching the abatement notice, the offender can then be ordered to pay a fine decided by the court.
According to the government guidance on how councils deal with noise nuisance complaints, local authorities can also take action to stop or restrict the nuisance by applying to the High Court for an injunction, among other actions. Additionally, individuals may take private action against dog owners’ whose resident canines are disturbing them.
Common reasons for dogs barking excessively include being left home alone for too long, wanting attention or feeling concerned.
However, from requesting flexible working arrangements that let you stay home to giving your pup plenty of toys to play with, there’s lots of ways to help manage your dog’s barking - as well as the separation anxiety that may be causing it - in the first place.
It’s also worth checking if your office has a ‘canine clause’ that will allow them to come to in-person work with you.
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