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 2
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 14
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