Agenda item - Reform of Animal Activities Licensing Legislation - Information Report

Agenda item

Reform of Animal Activities Licensing Legislation - Information Report

Minutes:

The Committee considered a report on the licensing of various animal-related establishments as a result of the Animal Welfare (Licensing of Activities Involving Animals) (England) Regulations 2018.

 

The Senior Licensing Practitioner, Worcestershire Regulatory Services (WRS), introduced the report and in doing so informed the Committee that Bromsgrove District Council were currently responsible for functions in relation to the licensing and regulation of various animal-related activities, which WRS carried out on their behalf.

 

Paragraph 3.5 in the report, detailed the activities regulated and the legislation under which the Council currently licenced people to carry out the activities.  In addition to this, Worcestershire County Council (Trading Standards) were currently the authority responsible for the registration of those who train or exhibit performing animals under the Performing Animals (Regulation) Act 1925.

 

Section 13 of the Animal Welfare Act 2006 provided the Secretary of State with powers to repeal parts of the existing legislation and replace it with a new licensing or registration regime.

 

In December 2015, the Department for Environment, Food and Rural Affairs (DEFRA) launched a consultation on some of the proposals to introduce new secondary legislation under section 13 of the Animal Welfare Act to implement a single “Animal Establishment Licence” for animal boarding establishments, pet shops, riding establishments and dog breeding establishments.

 

In February 2017, DEFRA published a further document entitled “The review of animal establishments licensing in England – Next Steps”, as attached at Appendix 1 to the report.

 

The document sets out a summary of the decisions made by DEFRA about changes to the licensing system for animal establishments in England following the consultation exercise.

 

The Animal Welfare (Licensing of Activities Involving Animals) (England) Regulations 2018, as attached at Appendix 2 to the report, were eventually made on 16th April 2018 and were scheduled to come into force on 1st October 2018.

 

Under the regulations the existing licensing schemes for animal boarding establishments and dog breeders were to be repealed and replaced by a new single licensing scheme that would regulate all of these activities and would also incorporate the licensing of those who train or exhibit performing animals.

 

The current licensing schemes for zoos and those who keep dangerous animals was not affected by the regulations and would continue to be carried out under the existing legislative provisions.

 

Some of the main differences in the new licensing scheme had been detailed in paragraph 3.13 of the report.  One major change, was the number of litters a dog breeder could produce in a 12 month period before they were presumed to require a licence, had been reduced from five litters to three litters.  There were new powers for licensing authorities to vary, suspend and revoke licences where there was non-compliance or it was necessary to protect the welfare of an animal; currently only the courts could remove licences.

 

Detailed guidance on the implementation of the new regulations was still being awaited from DEFRA and it was anticipated to be published this summer.

 

Licences issued under the existing legislative provisions and that remained in force on 1st October 2018 would continue to have effect until they expired.  At that point an application would need to be completed by the operator for a licence under the new licensing scheme.

 

Paragraph 3.16 in the report detailed the work that WRS would need to carry out in preparation for the implementation of the new regulations.

 

RESOLVED that the report on the Animal Establishment Licensing Reforms, be noted.

Supporting documents: