A KENDAL dog owner whose pet bit a child’s face has persuaded a court to lift an order that the animal should be destroyed.

But 44-year-old Gareth Burton failed to win his appeal at Carlisle Crown Court against a lengthy ban that will prevent him from resuming responsibility for his pet, a seven-year-old Japanese Akita called Layla.

Prosecutor Isabelle Haddad outlined the background to the case.

The defendant, who address was formerly given as Stramongate, Kendal, was prosecuted at magistrates court, where he admitted being the owner of a dog that caused injury while it was dangerously out of control.

He was given a three-month jail term, suspended for 12 months, with a three-month curfew, and banned from owning dogs for five years.

The biting incident happened on March 5, 2022, at Burton’s home in Kendal.

Miss Haddad described how the defendant was in the kitchen of his home while Layla was in the living room where the nine-year-old child of a visitor to his home was with the animal.

While playing with the dog, the child squatted down in front of it and grabbed the animal’s toy – at which point Layla bit the child’s face. He needed a course of antibiotics.

Miss Haddad said there had been a previous incident with the same dog in April, 2020, when Layla bit another child. “That involved a two-year-old child, and the parent didn’t make a complaint,” said the barrister.

The incident was dealt with through a “community resolution,” and Burton agreed to keep the dog muzzled when it was in public. The barrister said: “He said he followed that advice but then stopped muzzling the dog as its behaviour was absolutely fine.”

Sarah Porter, for the defendant, said the appeal challenged the three elements of the sentence – the suspended jail term, the five-year ban, and the destruction order for Layla.

She called dog behaviour expert Craig Richardson, who confirmed that he has been doing that work for 18 years.

Asked whether he considered Layla dangerous, Mr Richardson said that any dog could be dangerous and agreed that it was generally the “inability of the owner” to control the dog that was the key issue.

Recorder Julian Shaw commented: “This could have ended tragically.” Miss Porter said Burton was willing to undertake training.

Sitting with two magistrates, Recorder Shaw gave their ruling, saying they were impressed by the evidence of Mr Richardson, who was forthright.

Evidence from the kennels where Layla was being cared for suggested she was not the most obedient of dogs, and struggled to accept restraint.

It was the combination of the owner and the dog involved that led to Layla being dangerously out of control.

The judge noted that in his probation interview Burton had blamed the incidents with Layla on children “who did not know how to behave” around her.

Recorder Shaw said it was clear that Burton never took the first incident seriously and had he done so the second biting incident would not have happened.

Despite this, the judge said the five-year ban was excessive and reduced that period to four years.

They lifted the destruction order, concluding that the dog was not to blame. They did not, however, alter the original court's three-month suspended jail term. Of the £5,104 costs of the case Burton must pay £200.

This was because of his “limited means.”

Earlier in the case, the judge mentioned that there may be "rehoming options" for Layla.