A pensioner fined £75 for walking his dog along the same path he has used for decades is in line to get his money back.

The fine will be refunded if church leaders confirm they do not object to him walking his dog through a cemetery in the Black Country.

Retired welder John Talbot, aged 71, had to use half of his weekly pension to pay off the fine imposed by Sandwell Council.

Mr Talbot said he has used Smethwick’s Old Church Cemetery as part of his daily walk with a dog for the past 30 years.

But when park wardens issued him with the fine as he was walking his boxer dog Lady, he claimed he was given short shrift when he tried to explain.

Church warden David Ingram said earlier this week that he had not heard about the fine, but there was absolutely no objection to people walking dogs through the grounds.

A delighted Mr Talbot, of Davison Road, Smethwick, said: “It will be great news if I get my fine refunded, I have spoken to the vicar many times and he has never said I am not allowed there.”

He also insisted there are no signs to say dogs are not allowed.

Sandwell Council’s cabinet member for Safer Communities, Councillor Derek Rowley said: “We are looking into the circumstances of this after Mr Talbot provided additional information regarding him walking his dog in the cemetery.

“We intend to visit the church land owner and establish whether this particular gentleman was given consent or not. If so we will refund his fine.”

Dog enforcement orders banning pooches from borough cemeteries were introduced on January 1.

Similar restrictions are in place at schools, children’s play areas, sports fields and memorial gardens. The order cannot be enforced if a person has a reasonable excuse or the owner of the land has consented.

By Helen Cartwright