Animal Establishment Licensing - Environmental Health John Snow and Emma Norman

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Animal Establishment Licensing

Environmental Health
John Snow and Emma Norman
Regulation of Animal Welfare

• Strong public expectation for enforcement of animal
  welfare standards
• Environmental Health licensing system enforces primary
  legislation on a number of animal activities:
    – Pet shops
    – Animal boarding establishments
    – Dog breeding
    – Riding establishments
    – Dangerous Wild Animals
Animal Welfare Act 2006 requires
person responsible takes steps to ensure
animal’s needs are met
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Pet Shops
Pet Animals Act 1951
Licence Conditions require establishments to comply with CIEH
Model Licence Conditions
   • protection from and treatment of pain suffering, injury or
      disease
   • suitable accommodation and exercise facilities
   • stocking numbers and densities
   • staff training and knowledge
   • pet care advice
• Premises include pet shops, home
   pet sales including importers and
   premises selling puppies (non-
   breeding)
• Conditions based on model
   conditions consulted on in 2016 and
   amended following the consultation
• 13 pet shops in Salford with 2
   licensed for fish only
                                                                  3
Compliance within pet shops

• Most pet shops have been trading in Salford under same
  ownership for 5-10 years plus
• All are compliant premises to licence conditions
• Minimal complaints in last 5 years, few substantiated
• Difficulties in getting evidence to pursue (lack of witness
  statements from vets etc)
• Where evidence has been found we have take action as
  appropriate i.e. pet shop prosecution earlier this year & TS
  prosecution for importer of puppies
• Only 2 premises sell puppies (kittens), majority of
  complaints about these premises – none substantiated
• Emotive subject that results in a disproportionate amount
  of officer time to investigate / respond
                                                             4
Pet Shop Consultation & Review of Licence
Conditions

• Public consultation undertaken in October 2016
• Industry, Trade Associations, Councillors and members of the public
  responded and helped shape the new pet shop licence conditions, that
  tightened the existing national model conditions adopted by Salford
• Call to ban the sale of pets from commercial premises
• No jurisdiction to do so
• No LA has “banned” the sale of animals in pet shops
• Some LA’s have implemented conditions to make the sale of certain
  animals very difficult but these were in areas where those animals
  were not being sold. So no impact on businesses
• Large commercial pet shop in Salford is the source of a significant
  number of concerns. Visits made jointly with RSPCA and vets on
  numerous occasions and none of these have ever been substantiated
• Following consultation the national model conditions already in place
  were further strengthened
                                                                     5
Dog and Cat Boarding
Animal Boarding Establishments Act 1963
An animal boarding establishment is a business that provides
accommodation for other people’s dogs or cats as defined
including home boarding, crèches, kennels and catteries

Commercial Boarding
These are premises boarding more than 6 dogs or cats and are
required to comply with the CIEH Model Licence Conditions
  • In Salford there are 9 of these premises

Home Boarding
These are usually residential properties that board
other persons dog or cats
  • In Salford there are 15 of these premises

Crèches
These are premises that act like a day “nursery” for
dogs
 • In Salford there are 4 of these premises                    6
Dog Breeding
Breeding of Dogs Act 1973

Licence Conditions require establishments to comply with
CIEH Model Licence Conditions
  • a suitable environment/place to live
  • a suitable diet including fresh water
  • the ability to exhibit normal behaviour
  • housed, as appropriate, either with or apart from other
     animals
  • protection from and treatment of pain, suffering, injury or
     disease
• Applies in most circumstances to a person carrying out the
   business of breeding dogs for sale.
• Does not apply to premises (domestic
   or commercial) that sell puppies but
   do not breed them.
• Inspected by EHO and a Vet and
   licence to end of calendar year
• Only 1 licensed breeder in Salford
                                                                  7
Horse Riding Establishments
Riding Establishments Act 1964 and 1970

Licence conditions cover
  • competency and experience of licence holder
  • health and suitability of horses
  • suitability of accommodation
  • disease control

•   Visits always undertaken with a vet who will examine
    the horses named on the licence

•   Licence last for 12 months from the date the licence is
    granted

•   Only 1 licensed establishment in Salford as Act does
    not cover livery stables

                                                              8
Dangerous Wild Animals
Dangerous Wild Animals Act 1976

Applies to animals such as:
• Bison or American Buffalo
• Camelids
• Crocodillians
• Lemurs
• Leopards, Puma and Jaguars
• Lions and Tigers
• Lynx, Wildcats and Bobcats
• Ocelots, Leopard Cats and Bengal Cats

Conditions cover accommodation, number and
species, movement of animals and insurance

Visits initially made with Vet and last for two years
from date licence is granted
• Only 1 current licence holder in Salford
   for capuchin monkeys                                 9
Zoos and Performing Animals
The Performing Animals (Regulation) Act 1925
Zoo Licensing Act 1971
Zoo defined as:
  • an establishment where wild animals are kept for
     exhibition to the public otherwise than for the
     purposes of a circus and otherwise than as a pet
     shop
  • members of the public have access, with or
     without charge for admission
  • on more than seven days in any period of 12
     consecutive months
• Includes bird of prey centres
• None in Salford and only historically 1 application
   which did not progress

The performing animals legislation requires any person
who exhibits or trains any performing (vertebrate)
animal to be registered with a local authority. This
provision, applies to circuses and also other situations,
such as film making and plays, which involve animal
performances. Some increase in work with Media City.        10
Animal Movement Licences (AML)

Local Authorities need to keep track of where livestock are to help us stop diseases
from spreading. There are rules about the identification and movement of livestock,
which apply even if you only keep one of the animals mentioned below

Owners of livestock must
complete an AML movement
document every time a
deer, pig, sheep or goat is moved.
All movements must be reported by
The person receiving the animals
within three days of the movement
taking place

                                                                                       11
Challenges
• Current challenges:
   –   Legislative requirements are outdated
   –   Complex and cumbersome process
   –   Enforcement and consistency
   –   Hidden activity
   –   Public’s lack of awareness of current legislative framework
       which permits the sale animals
   –   Other animal establishments,
       which are not subject to
       licensing:
         • animal sanctuaries
         • livery stables
         • mobile zoos
                                                                 12
DEFRA Proposals
1.   Single licence for animal welfare activities reflecting up to date
     welfare requirements
2.   Model Conditions to be given more prominence
3.   To prohibit the sale of puppies below eight weeks
4.   To change the statutory licensing threshold for dog breeding
5.   To require pet sellers to provide written information when
     selling an animal
6.   To streamline the current licensing process
7.   To extend power of inspection under Performing Animals Act
8.   Additional safeguards added to powers of entry into dwellings
9.   To introduce an exemption from licensing requirements for
     businesses affiliated to a body accredited by UKAS

                                                                     13
Next steps

• Await the outcome of DEFRA’s consultation and implement
  recommendations (although no recent update since
  Brexit).
• Adopt and implement any revisions to the model conditions
  for inclusion into Salford’s own licence conditions
• If UKAS accredited certification schemes are implemented,
  look to introduce a robust scheme to exempt businesses
  from licensing requirements if they have obtained an
  appropriate accreditation certificate
• Continue to inspect licensed animal premises, as do
  currently
• Continue to deal with complaints relating to licensed
  animal premises, as do currently
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