ADOG owner has been allowed to take his pet pitbull back home after he was taken to court for owning a banned breed.

Gavin Dolby, 29, of York Road, Southend, admitted owning the pitbull terrier, which is banned under the Dangerous Dogs Act, but claimed he was unaware of its breed – and it had been to the vets multiple times without anyone noticing.

Under the Dangerous Dogs Act, it is illegal to own a pitbull terrier without specific exemption from a court. Even then, the dogs have to be muzzled and kept on a lead in public, as well as registered and insured, neutered, tattooed and microchipped.

Magistrates decided to give Dolby a conditional discharge for six months and allowed him to keep the dog, provided he met the conditions of the Act.

By law, magistrates were compelled to place an interim destruction order on the dog, which would be activated if it was involved in any violent incidents.

Prosecutor Leslie Chipps said the matter only came to light because a member of the public was concerned for the dog’s welfare, not because they thought it was a banned breed.

She said: “The concerns that brought the police to this matter were not due to any belief the dog was operating in a dangerous manner – someone had concerns over the welfare of the dog, rather than any other reason.

“Officers attended the premises and spoke to Gavin Dolby and he made full admission he was the owner of that dog. He has been nothing but co-operative throughout this case and has done everything he can to assist.”

Dolby, who was unrepresented, told magistrates he was unaware the dog was a pitbull terrier, but nonetheless had the animal neutered, vaccinated and bought it a muzzle.

He said: “I was told he was a staffy cross ridgeback – he’s a loving dog, he’s good with kids and I’ve had no problems with him. He’s got a muzzle and I’ve been training him to walk properly.”

Dolby was also ordered to pay £85 costs and a £15 victim surcharge.