Court orders dog seized as banned breed can return to owner

Llandrindod Wells Magistrates’ Court this week heard that Simon Gates, 41, has been without ‘Tank’ since last March, after he was taken away from him due to being classed as a Pit Bull Terrier.

Gates, who previously lived in Hay-on-Wye, claims Tank is a Staffordshire Bull Terrier-cross, but police seized him and a dog expert confirmed he is a “pitbull breed”.

However, the court was told on Tuesday, January 20, that Tank is friendly and calm and was described by the expert as “enjoying human interaction and attention”, and not deemed dangerous.

Simon Gates has owned Tank since he was a puppy. (Image: Simon Gates)

Facing a charge of having custody of a fighting dog, Gates, of The Hope Hotel, Marine Parade, Southend on Sea, changed his plea this week to guilty having previously denied the offence.

The charge relates to March 5, 2025, when police attended a home in Hay.

“Police were there over the seizure of a dog type deemed to be an unregulated pitbull terrier,” said prosecutor James Sprunks.

“Tank is an eight-year-old dog, who is white and brown. PC Alice Key, a dog expert, was concerned that the dog appeared to have the characteristics of a Pitbull Terrier.

“She is trained to identify banned dogs. The defendant confirmed Tank was his dog and he was told he would be seized. He cooperated with police.

“The officer confirmed the dog showed no aggression towards officers or kennel staff. He appeared nervous, seeking comfort from kennel staff.

“The defendant had been in contact with police during this time and sent references through attesting to Tank’s behaviour and demeanour.

“He denied the charge at the time as he believed Tank was a Staffy-cross.”

Tank was described by an expert as an "easy-going dog, who enjoys human interaction and attention". (Image: Simon Gates)

Mr Sprunks said he was applying for a contingent destruction order, which requires several needs to be met – including Tank having to be walked on a lead and muzzled in public.

He must also be neutered, registered with Defra and he can only be walked by someone over the age of 16.

Mr Sprunks also applied for £1,425 costs as this is what Tank’s stay in kennels had amounted to, plus court costs, as the matter had been listed for trial.

Gareth Walters, representing Gates, said his client had owned Tank since he was a puppy.

“He had gone to an expert to confirm he was a Staffy-cross, but the expert confirmed Tank was a pitbull breed,” said Mr Walters.

“The expert did say the dog’s behaviour was friendly and he was calm throughout the assessment.

“He was described as an easy-going dog, who enjoys human interaction and attention, and in his opinion would not constitute a danger to anyone.  

“He’s 10 now so I question the need to neuter him, but I leave that to the court’s discretion.

Tank pictured with his dad. (Image: Simon Gates)

“The kennel costs and court costs are entirely appropriate but the defendant is in receipt of Universal Credit.

“His main concern is having his dog back. The police have had him and he is willing to comply with any order.”

Magistrates made the contingent order and told Gates to abide by all the requirements listed.

He was fined £54 and told to pay a £21 surcharge. He will also have to pay a contribution towards court costs of £400 but they said Gates will not pay anything to the kennel.

Gates thanked the court and, as he was leaving, joked he may buy a Jack Russell Terrier next, although he said that “might actually bite someone”.