Lisburn Court spares Max the dog but upholds Pit Bull ban

Max the dog

A Dundonald stray dog has been judged to be a Pit Bull type, with a two-month destruction order now hanging over him.

Max the dog has been held in Lisburn and Castlereagh City Council (LCCC) kennels since he was seized in December 2024 as a suspected banned breed.

Campaigners for Max mounted a legal challenge after council dog wardens assessed him as a Pit Bull type — a classification that could have resulted in the dog being destroyed. They now say Max has been “condemned to a life of restrictions”.

Ruling on the case today (2 October), Lisburn Magistrate Rosie Watters said:

“No dog will have every characteristic (of a Pit Bull type) and that is accepted by all the experts.

“But, having heard from four experts…it is clear the dog has in my view a substantial number of the relevant characteristics. And I therefore conclude this dog is a Pit Bull terrier type.

“Max is therefore a banned type. However, I am satisfied that the dog will not be a danger to the public. And everyone should be aware that the council has no desire to destroy this dog.”

The decision means Max is now legally recognised as a banned Pit Bull type. The judge noted that there are no precise statutory criteria to identify such a dog but referred to American Dog Breeders Association standards as a guide “used by all the experts”.

LCCC barrister Donal Lunny told the court:

“The council will take steps to exempt the dog. Conditions will have to be satisfied in relation to that, but they are relatively straightforward.

“We will now draw up a draft conditional destruction order which then can be approved or amended by the court. That then sets the two-month period running. Unless the dog is exempted within two months it will be destroyed.”

Evidence had previously been given in court by two council dog wardens and Stuart Davidson, an expert dog legislation officer with the National Police Chiefs’ Council in Liverpool, who assessed Max as a banned breed.

However, Dr Helen Howell, a canine behaviour expert, testified that Max was not a Pit Bull type. She was the only assessor to video record her measurements of the dog.

The Local Democracy Reporting Service (LDRS) understands that ‘Molly Piper’ — who was refused legal recognition as Max’s owner in June — will now begin the process of becoming his registered keeper.

Following the verdict, animal rights campaigner Zara Duncan told the LDRS:

“Today’s verdict spares Max’s life, but condemns him to restrictions under flawed Breed Specific Legislation as a Pit Bull Type dog.

“Max has been assessed as no risk to public safety, yet he will live a life judged solely on appearance. His story shows the cruel injustice faced by stray puppies abandoned at the mercy of councils.

“Although this verdict is not the result we hoped for, we must recognise that healthy puppies, who pose no behavioural risk to the public, do not need to be needlessly destroyed.

“There is no doubt in our minds that, without the early intervention of leading animal welfare charities, most notably the USPCA and Mid Antrim Animal Sanctuary, Max would not be alive today. Their advocacy, alongside overwhelming public support, ensured his case could not be ignored.”

In response, an LCCC spokesperson said:

“The court ruled that while Max is a banned type, he may be rehomed subject to compliance with a number of strict conditions, including being insured, microchipped, muzzled in a public space, always exercised on a lead, kept in a secure environment and neutered.

“These conditions must be met by the new owner within eight weeks.

“The council is liaising with the person who has been fully vetted and deemed suitable by the Mid Antrim Animal Sanctuary in association with the USPCA to become the legal owner of Max.

“We wish him to be placed in her care as soon as possible, subsequent to her confirmed compliance with the required conditions.”