Court rules on fate of Leicestershire man's three unregistered XL Bully dogs
A dog owner who had three XL Bullies at his home has been convicted of possessing fighting dogs. Adam Nolan's solicitor had claimed the animals were "much loved family dogs" and posed no danger to the public despite being unregistered.
Nolan was before Leicester Magistrates' Court on Monday (November 25) as the court considered destroying the three dogs, Zeus, Gaia and Xena. Stephen Langton told the magistrates that Nolan's three XL Bullies were not a danger to public safety.
Since February this year, owners of XL Bully dogs have needed special exemption certificates to keep the dogs after they were made illegal. Nolan had failed to get this exemption for all three of his, but court was told that his XL Bullies were well trained.
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Court also heard that Nolan, who has no previous convictions, lived on nine acres of land and the dogs were never out in public, except for trips to the vet.
Prosecutor Vishal Patel told the court that Leicestershire Police had received a tip-off via their Facebook page about the illegally-owned dogs. He said: "On July 30 the police received a message through their Facebook platform regarding the defendant's three dogs. On August 7 the police attended the location. All three dogs were seized."
Mr Patel said the dogs had not shown any "aggravating tendancies" and that in an "unusual" step the dogs had been returned to the property, in Rectory Lane, Appleby Magna, near Ashby, several weeks later under a temporary permission order.
He said: "The starting point is destruction [of the dogs]. However, the Crown would ask for a contingent destruction order instead."
The contingent order means the dogs will not be put down as long as they are neutered, microchipped, fully insured and kept on a lead and in a muzzle whenever in public.
Mr Langton asked the court to give his client a conditional discharge, rather than fining him. He said Nolan, 31, lived in the gatehouse of an unoccupied larger house and his partner, who is a business owner, paid the bills. He said Nolan recieved a small carers allowance, working as a carer for a blind friend. He added that the dogs were well behaved, which was proved by the fact the police had returned them under the temporary order.
He said: "He's had the dogs since they were puppies. He lives in nine acres of farmland and the land is very secure. The dogs are very, very well trained by Mr Nolan. He's an experienced owner of large breeds."
Mr Langton said that due to the number of XL Bullies at the address, Leicestershire Police had sent 14 officers to the scene. He said some officers had remained at Nolan's address for four hours, ensuring the land was secure so the dogs could not escape.
He said: "He has been naive. In hindsight he should have looked into the legislation. Mr Nolan assures the court these are much-loved family dogs."
The magistrates agreed to give Nolan a 12-month conditional discharge and they granted the contingent destruction order, allowing Nolan to keep the dogs as long as he stuck to the requirements. He was ordered to pay £85 court costs and a £26 victim surcharge.