Animal Welfare Who is Responsible? - Meetings, agendas ...

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Animal Welfare Who is Responsible? - Meetings, agendas ...
Animal Welfare
                                      Who is Responsible?

ANIMAL WELFARE – WHO IS RESPONSIBLE                      WOKING BOROUGH COUNCIL / DATED JUNE 2021
Responsibilities under the Animal Welfare Act 2006
   This publication is intended to act as a single signposting document setting out who is responsible for the different areas of
   Animal Welfare to help members of the public quickly access the help that they need.

Anyone who owns, keeps, works with or has any responsibility for an           Failure to do so may mean an offence has been committed
animal is legally obliged to ensure the animal’s welfare needs are met by under section 9 of the Animal Welfare Act. For advice on
providing for these five basic needs:                                         looking after domestic animals visit the RSPCA website or the
• suitable environment, suitable diet, ability to exhibit normal behaviour
                                                                              DEFRA codes of practice. For farmed livestock contact your
   patterns, to be housed with, or apart, from other animals and to protected
   from pain, suffering, injury and disease.                                  local Trading Standards Animal Health team.

               WOKING BOROUGH COUNCIL                                         WOKING
                                                                             BOROUGH                                  WOKING BOROUGH
           •       Animal Licensing                                           COUNCIL                                     COUNCIL
           •       Stray Dogs
           •                                                                Horse Grazing
                   Animal nuisance / dog fouling                                                                 •    Animal Conservation
           •       Dangerous Dogs                                                                                •    Animal Protection

                                                                             OVERVIEW OF
                    WOKING BOROUGH                                          RESPONSIBILITIES                                       SCC/ TRADING STANDARDS/
                        COUNCIL                                                                                                    DEFRA
                                                                                                                              •    Livestock
               •     Stray Horses                       SURREY POLICE                                                         •    Farm Animals
               •     Fly Grazing
                                                                                                                              •    Movement of Animals
               •     Tethered horses                •      Dog attacks on                       RSPCA
                                                           people                           •   Animal Welfare
                                                    •      Banned breeds                    •   Animal Cruelty

                     ANIMAL WELFARE – WHO IS RESPONSIBLE                                                             WOKING BOROUGH COUNCIL / DATED JUNE 2021
Key

                 First point of contact

References to a “Council” refers to the Woking Borough Council. “County Council” refers to Surrey County Council

                                              ANIMAL WELFARE ACT 2006
Type of incident                    Owner/Keeper’s                       Council*                Police               RSPCA
                                     responsibility

Unnecessary            Not to cause unnecessary suffering to an   Councils have the power   Do not generally     RSPCA will
Suffering              animal.                                    to appoint inspectors     deal with this but   generally take the
(Section 4) – an                                                  under The Animal          may get involved     lead in
offence to cause                                                  Welfare Act 2006.         in some cases.       investigations
unnecessary                                                       Trading Standards may                          relating to
suffering to an                                                   investigate instances                          domestic
animal by an                                                      involving farmed                               animals/puppy
action or failure to                                              animals.                                       farms. From 1st
act.                                                                                                             January 2021 all
                                                                                                                 on farm referrals
                                                                                                                 requiring further
                                                                                                                 investigation will
                                                                                                                 be referred to The
                                                                                                                 Animal and Plant
                                                                                                                 Health Agency
                                                                                                                 (APHA) - duty vet

        ANIMAL WELFARE – WHO IS RESPONSIBLE                                             WOKING BOROUGH COUNCIL / DATED JUNE 2021
Type of incident                    Owner/Keeper’s                          Council*                    Police                RSPCA
                                     responsibility

Poisoning               Take care in what is given to your pets as   The Council do not           Do not generally       The RSPCA will
Section 7) – it is an   different things can be injurious to         generally deal with this     deal with this.        generally take the
offence to              different                                    but may get involved in                             lead in
administer, or          species. If you suspect that your pet has    some cases.                                         investigations, but
permit to be            been poisoned, consult a vet                                                                     you can also
administered,           immediately.                                                                                     contact the
poisonous or                                                                                                             Veterinary
injurious drugs to                                                                                                       Medicines
an animal.                                                                                                               Directorate where
                                                                                                                         you can report
                                                                                                                         veterinary
                                                                                                                         product misuse.
Tail Docking            If considering docking,                      The Council do not           Do not generally       The RSPCA will
Section 6) – it         check with a vet to see if                   generally deal with this     deal with this.        generally take the
is an offence to        docking is allowed. Be                       but may get involved in                             lead in
remove or cause to      aware that if the docking is done by         some cases. i.e. in                                 investigations.
remove all or any       anyone other than a vet, then a              licensed premises
part of a dog’s tail    prosecution could still take place.                                                              NB Vets can also
(except on a vet-                                                                                                        be
certified working                                                                                                        prosecuted for
dog). The dog is                                                                                                         illegal tail
required to be of a                                                                                                      docking.
type specified in
Schedule 1 of the
Docking of
Working Dogs’
Tails (England)
Regs 2007.

Docking must only
be carried out by a
vet, before the pup
is 5 days old.

        ANIMAL WELFARE – WHO IS RESPONSIBLE                                                     WOKING BOROUGH COUNCIL / DATED JUNE 2021
Type of incident                    Owner/Keeper’s                   Council*                       Police               RSPCA
                                     Responsibility

Dog/Animal              Have a duty not to organise, attend, allow   The Council do not             The Police have      RSPCA will
fighting                or participate in any animal fighting.       generally deal with this       unique               generally take the
(Section 8) –                                                        but may get involved in        powers under the     lead in
organising,                                                          some cases.                    Act and will be      investigations.
attending, allowing                                                                                 involved in these
or participating in                                                                                 investigations.
any animal fighting
is an offence.
Duty of care            Duty of care to the animal to ensure, that   Councils have the power        Do not generally     RSPCA will
(Section 9) – it is     as far as possible, its welfare needs are    to appoint inspectors          deal with this but   generally take
an offence to fail to   met.                                         under the Animal               may get involved     the lead in
take reasonable                                                      Welfare Act 2006.              in some cases.       investigating
steps in all the                                                     County Council Trading
circumstances to                                                     Standards may
meet the welfare                                                     investigate incidents
needs of an                                                          involving farmed
animal, including                                                    animals.
abandonment.
Emergencies in          As above.                                    The Council’s Appointed        Constables have      RSPCA will usually
which an animal                                                      Inspectors have specific       specific powers of   be involved in
is suffering or is                                                   powers of entry to             entry into any       incidents relating
likely to suffer if                                                  licensed premises.             premises for the     to wildlife and
the                                                                  Where animals are in           purpose of           roadside
circumstances                                                        distress and a s.10            searching for,       accidents. They do
don’t change                                                         Improvement Notice is          seizing, or if       not have the
(Section 18 and                                                      unlikely to resolve it, s.18   required,            powers of entry
19).                                                                 enables an officer to          humanely             into premises but
                                                                     take animals into              destroying a         may accompany
                                                                     possession or arrange          protected animal,    Police or Council
                                                                     for it to be euthanised.       for welfare          who have the legal
                                                                                                    reasons              powers of entry.

        ANIMAL WELFARE – WHO IS RESPONSIBLE                                                     WOKING BOROUGH COUNCIL / DATED JUNE 2021
Type of incident                   Owner/Keeper’s                   Council*                    Police                 RSPCA
                                    Responsibility

                                                               DOGS
Dogs (or other        Anyone who abandons an animal without         The Council does not      The Police may           RSPCA will
animals)              taking                                        have any legal duty to    assist the RSPCA         generally take the
abandoned in or       reasonable steps to ensure that its needs     act in such cases (unless in gaining access.       lead in
on private            are met may be guilty of an offence under     the offence occurs at a                            investigations.
property.             s.9 of the Animal Welfare Act. If the         licensed premises).                                They will monitor
                      animal actually suffers as a result of its                                                       the situation and if
                      abandonment, there may also be an                                                                the dog is not fed
                      offence                                                                                          or left with water
                      committed under s.4 (unnecessary                                                                 for a period of time
                      suffering).                                                                                      they will act to gain
                                                                                                                       access and seize
                                                                                                                       the dog.
Unwanted dogs         Giving up an unwanted pet should always       The Council can not         None                   No legal duties, but
(or other animals)    be a last resort. There is an                 accept unwanted pets                               may accept
                      overpopulation of most companion              and would only normally                            unwanted animals
                      animals and                                   deal with stray dogs -                             and then rehome
                      every effort should be made by the            under the provisions of                            them.
                      owner/keeper to                               the Environmental
                      responsibly rehome their                      Protection Act 1990.
                      pet. The owner/keeper should contact
                      responsible pet
                      rescue centres who may be able to
                      rehome the animal.
Prisoners’ dogs -     To make the Police aware if they have a       None.                       The Police have        None.
where the Police      dog (or other animal) that was not with                                   primary
take a person into    them when they were arrested.                                             responsibility for
custody who owns                                                                                the safe keeping
a dog (or other       Owners that are likely to be given a                                      of a prisoner’s
animal).              custodial sentence should make                                            property.
                      appropriate provisions for their pet’s care

       ANIMAL WELFARE – WHO IS RESPONSIBLE                                                    WOKING BOROUGH COUNCIL / DATED JUNE 2021
Type of incident                   Owner/Keeper’s                  Council*                      Police                 RSPCA
                                    responsibility

Pet Owner in           Where possible, arrange for a relative or   The County Council are        None.                  None.
Care - If a dog or     other suitable responsible person to look   responsible for covering
other animal’s         after your pet. Alternatively, make the     any kennelling costs
owner is               Local Authority or hospital aware as soon   under section 48 of the
incapacitated, for     as possible.                                National Assistance Act
instance is taken to                                               1948.
hospital or is under
Local Authority
care.
Dogs                   To keep their dog(s) under control at all   Although not a Council        The Police have        None.
dangerously out        times. Any concerns regarding training or   responsibility, some          primary
of Control - dog       behavioural issues should                   overlap occurs if the dog     responsibility and
attacks on a           be addressed by seeking advice from a       is seized as a stray.         will investigate
person                 suitably qualified animal                   The Council may also          certain serious
                       behaviourist or vet.                        assist Police, i.e. with      incidents involving
                                                                   CPWs/CPNs.                    dogs which
                                                                                                 behave
                                                                                                 aggressively and
                                                                                                 where there is
                                                                                                 reasonable
                                                                                                 apprehension that
                                                                                                 it might injure a
                                                                                                 person, whether
                                                                                                 or not it actually
                                                                                                 does so.
Dogs                   As above.                                   The Council will              None.                  None.
dangerously out                                                    investigate dog on dog
of Control –                                                       (or other animal) attacks,
attacks on a dog or                                                where the complainant is
another animal and                                                 able to provide an
livestock.                                                         accurate detailed
                                                                   description of the dog /
                                                                   owner and an address.

       ANIMAL WELFARE – WHO IS RESPONSIBLE                                                     WOKING BOROUGH COUNCIL / DATED JUNE 2021
Type of incident                   Owner/Keeper’s                  Council*                    Police               RSPCA
                                    responsibility

Banned Breeds -       It is an offence to own                      If the owner is not known   If the owner is      None.
Suspicion that the    certain types of dog. These are the Pit      and the dog is seized as    known, the Police
dog may be a          Bull Terrier, Japanese Tosa, Dogo            a stray the Council will    will deal with the
banned type.          Argentino and Fila                           seek assistance from the    matter, either by
                      Braziliero. It is also an                    Police.                     prosecution or by
                      offence to sell, abandon,                                                application to the
                      give away or breed from a banned dog.                                    Magistrates Court.
                      Exemption from the ban may be given by
                      a Magistrates court in
                      certain circumstances.

Dangerous Dog         Once placed on the index of exempted         Councils do not usually     Although not a       None.
Register - Under      dogs, the owner must meet various            conduct audits or checks    duty,
the Dangerous         requirements including;                      on these dogs unless        the Police may
Dogs Act 1991,        1) Maintaining 3rd Party                     circumstances develop       audit the register
DEFRA maintains       Insurance                                    that bring a dog to their   for dogs in their
a register of all     2) Having the dog Tattooed and               attention.                  area and
exempted dogs         microchipped                                                             periodically check
which are kept in     3) Ensuring the dog is                                                   these dogs.
the UK. Dogs can      muzzled and placed on a lead in any
only be added to      public place (NB this includes in a
the register by a     vehicle)
Magistrates           4) Ensuring that the dog is in the control
Court, the public     of a person 16 years or older whilst in a
cannot apply          public place.
directly to DEFRA.

       ANIMAL WELFARE – WHO IS RESPONSIBLE                                                 WOKING BOROUGH COUNCIL / DATED JUNE 2021
Type of incident                  Owner/Keeper’s                 Council*                      Police               RSPCA
                                   responsibility

Stray Dogs –         Dog owners have a legal responsibility to   If a finder cannot return     None.                None.
Found dogs           ensure that their dog is wearing a collar   the dog to its owner then
                     and                                         the Council should be
                     tag bearing their contact                   informed. The dog can
                     details and to ensure that it is            be contained within the
                     microchipped. They should also take all     finder’s home with prior
                     reasonable steps to prevent their dog       agreement by the
                     from straying. If their dog does escape,    Council and upon
                     they should contact the Council as soon     service of a s.150
                     as possible.                                Notice. The Council will
                     The owner of a stray which has been         only arrange to collect a
                     collected is required to pay a statutory    dog that has been
                     fee plus any other costs incurred, e.g.     contained and will
                     kennelling.                                 arrange for the dog to be
                                                                 kept in their kennels for
                                                                 up to 7 days. After this
                                                                 time, if the dog remains
                                                                 unclaimed it may be
                                                                 rehomed.
Stray Dogs – Lost    As above.                                   If the owner has lost their   None.                None.
Dogs                                                             dog and is unable to find
                                                                 them, they can call the
                                                                 Council’s Environmental
                                                                 Health service to leave a
                                                                 contact number and
                                                                 provide a description the
                                                                 lost dog. The service is
                                                                 often notified of found
                                                                 dogs and may be able to
                                                                 reunite dog and owner.

      ANIMAL WELFARE – WHO IS RESPONSIBLE                                                  WOKING BOROUGH COUNCIL / DATED JUNE 2021
Type of incident                   Owner/Keeper’s                   Council*                     Police               RSPCA
                                    responsibility

Stray Dogs -          As above.                                     The Council will normally    The Police are       None.
Straying on                                                         attend with the              responsible for
highways with                                                       assistance of the Police     animals that have
restricted public                                                   or Highways Agency.          escaped onto a
access i.e.                                                         Once a dog is seized the     road and are
Motorways.                                                          Local Authority will take    posing a danger
                                                                    responsibility for it as a   to motorists.
                                                                    stray if no owner is
                                                                    known/can be contacted.
                                                                    The Highways Agency
                                                                    are responsible for the
                                                                    motorway network.
Dog barking           To ensure that their dog(s) do not bark       The Council will             None.                The RSPCA may
                      for prolonged periods or at times of the      investigate complaints                            get involved if
                      day which causes a nuisance to people         about excessive dog                               there are welfare
                      nearby. Your vet can check for any            barking and have                                  concerns about the
                      problems/refer you to an animal               powers to Investigate                             dog.
                      behaviourist.                                 under statutory nuisance
                                                                    legislation.
Dog Fouling – on      To ensure that if their dog fouls on          The Council will             None.                None.
designated land       designated land that they clean up after it   investigate complaints of
which is open to      immediately. Failure to do so is an           dog fouling. If a person
the air and           offence.                                      in control of a dog is
accessible to                                                       witnessed allowing their
members of the                                                      dog to foul, a Fixed
public.                                                             Penalty Notice may be
                                                                    served. If an offence is
                                                                    reported, informal action
                                                                    may still be taken by the
                                                                    Council, who may
                                                                    contact the alleged
                                                                    offender or all residents
                                                                    in the vicinity to issue

       ANIMAL WELFARE – WHO IS RESPONSIBLE                                                   WOKING BOROUGH COUNCIL / DATED JUNE 2021
warnings/advice.
Type of incident                  Owner/Keeper’s                   Council*                   Police                 RSPCA
                                   responsibility
                                                IMPORTED ANIMALS
Imported Pets        If you have purchased an animal which is      The County Council         Assistance of          RSPCA to liaise
                     suspected to have been brought into the       (SCC) enforces the         arrest if              with the
                     Country in breach of the legislation it may   Rabies (Importation of     required. Article      County Council or
                     be taken into quarantine at your expense.     Dogs, Cats and Other       16 is the offence      other
                                                                   Mammals) Order 1974.       of bringing an         agencies in
                                                                   Non Commercial             animal into the        respect of
                                                                   Movement of Pet            country, of an         reports or
                                                                   Animals Order 2011         animal which is        collections of
                                                                   S.15 powers for Local      non-compliant,         pets suspected to
                                                                   Authority to inspect       and provides           have
                                                                   premises/documentation.    powers of arrest       been incorrectly
                                                                   The Trade in Animals       to the Police          imported.
                                                                   and Related Products
                                                                   Regulations 2011
                                                                   (TARP) is where
                                                                   DEFRA/APHA will be
                                                                   involved in the
                                                                   notification of
                                                                   commercial
                                                                   imports/exports.
                                                    FARM ANIMALS
Farm Animals         You must ensure their needs are met           County Council Trading     Police will assist     RSPCA to liaise
(Livestock).         under the Animal Welfare Act 2006 and         Standards enforce          with farm animals      with
                     any Regulations made under it and they        disease control            escaped onto a         County Council
                     are not suffering unnecessarily. You must     requirements and may       public highway         Trading
                     comply with all disease control               enforce welfare            and will provide       Standards in
                     requirements such as records and              legislation.               assistance in the      respect of
                     movement documents.                                                      event of a disease     farm animal
                                                                                              outbreak.              welfare.

      ANIMAL WELFARE – WHO IS RESPONSIBLE                                                   WOKING BOROUGH COUNCIL / DATED JUNE 2021
Type of incident                   Owner/Keeper’s                             Council*              Police               RSPCA
                                    responsibility

                                         INJURED / SICK WILD ANIMALS
Sick or injured       It is an offence to kill, take, or offer for    None.                   Will assist the       Vets will accept
wild animals.         sale wild birds and some animals.                                       RSPCA to              injured animals for
                      If a wild animal is found injured, take it to                           carry out stop,       free, If it’s not
                      a vet if possible, without putting yourself                             search and            possible to take an
                      at risk.                                                                seizures and          injured animal to
                                                                                              traffic control on    the vet. report the
                                                                                              roads.                incident to the
                                                                                              The Woking            RSPCA . Any sick
                                                                                              Borough has a         or injured wild
                                                                                              specialist            animal, that cannot
                                                                                              dedicated officer     be taken to a vet
                                                                                              to deal with          should use the
                                                                                              wildlife crime.       RSPCA
                                                                                                                    emergency line
                                                                                                                    0300 1234 999.

If you have found an injured or abandoned wild animal, before you touch the animal, please check the online specialist advice for that
particular species, which has been included at the end of this document.

You may not need to intervene at all. You can also visit the ‘What to do in an Emergency ‘FAQs on Wildlife Aid’s website at
www.wildlifeaid.org.uk/wildlife-faqs/

Listings of animal welfare organisations in the South East region are also given on this website
www.animalguide.info/branch-animal-welfare-organisations

       ANIMAL WELFARE – WHO IS RESPONSIBLE                                                 WOKING BOROUGH COUNCIL / DATED JUNE 2021
HORSES
Type of incident                   Owner/Keeper’s                   Council*                    Police                RSPCA
                                    responsibility

Welfare of horses      You must ensure compliance with the          The Borough Council’s       Will become           May be involved
–                      Animal Welfare Act 2006. All equines         Asset Management team       involved with stray   where
Including stray, fly   must be microchipped and identified by a     are responsible for         horses which          there are specific
grazing and            Horse Passport and registered in current     licensing horse grazing     present a public      welfare concerns.
tethered horses.       owner’s name.                                and will set out the        safety issue.
                                                                    licence conditions that
                       You must ensure compliance with the          the licensee must
                       conditions set out in Schedule 1 of the      comply with in order to
                       licence, which includes ensuring that all    be granted a licence.
                       livestock grazed on the land are
                       registered with an authorised vet and        Councils will investigate
                       provided with an ample supply of food        instances of horses
                       pro rata on a daily basis and fresh water.   illegally grazing on
                                                                    Council owned land. The
                       Land owners may be able to arrange the       Council has the authority
                       removal of fly grazed horses under the       to remove unlicensed
                       Control of Horses Act 2015.                  horses and all
                                                                    associated costs can be
                                                                    recovered from the
                                                                    owner through the sale
                                                                    of the horse, if
                                                                    necessary.

                                                                    County Council Trading
                                                                    Standards enforce the
                                                                    Horse Passport
                                                                    Regulations

       ANIMAL WELFARE – WHO IS RESPONSIBLE                                                   WOKING BOROUGH COUNCIL / DATED JUNE 2021
Type of incident                   Owner/Keeper’s                 Council*                       Police                 RSPCA
                                    responsibility

                                                       HEDGEHOGS
Sighting of a         – visit the trust’s “Hedgehog Hotspots"     None.                          None.                  None.
hedgehog              web page and enter the details at
anywhere in           www.surreywildlifetrust.org/record
Surrey – dead or
alive                 Hedgehog ‘angels’ can be recorded here
                      https://www.gracethehedgehog.co.uk/the-
                      great-british-hedgehog-survey-2/

                      for dead wildlife like hedgehogs found in
                      gardens, see:
                      https://www.hedgehogstreet.org/garden-
                      wildlife-health-gwh/
                                                     DEAD ANIMALS
Dead Animals -        Must comply with the                        Buckinghamshire and            None.                  None.
farm livestock or     Animal By-products                          Surrey Trading
horses.               Regulations regarding the proper            Standards can be
                      disposal of fallen livestock.               contacted for advice, as
                                                                  they enforce the Animal
                                                                  By-Products
                                                                  Regulations which deal
                                                                  with disposal routes for
                                                                  carcasses.

                                                                  Pet crematoriums with
                                                                  appropriate facilities can
                                                                  be used for private
                                                                  cremation of pet horses
Dead animals on       If you hit a dog, equine or farm animal     Highways Authority will        Will assist with       None.
motorways or          you must report it to Surrey Police.        remove (Surrey County          directing traffic.
major trunk                                                       Council).
roads.
       ANIMAL WELFARE – WHO IS RESPONSIBLE                                                     WOKING BOROUGH COUNCIL / DATED JUNE 2021
Type of incident                   Owner/Keeper’s                 Council*                    Police                 RSPCA
                                    responsibility

Dead animals on       As above.                                   The Council will remove     None.                  None.
other public                                                      these and may scan for
roads.                                                            a microchip (cats and
                                                                  dogs).
Dead animals on       If you have a dead animal in your garden,   None.                       None.                  None.
private property.     you are responsible as the landowner to
                      have it removed. The animal can either
                      be double bagged and placed in your
                      black bin, or you can arrange for a waste
                      removal service to come and have it
                      removed at your own cost.

Some organisations welcome reporting of dead animals, for example on roads.

The following pages may be of use:
https://www.wildlifetrusts.org/wildlife-advice/found-dead-animal

                                                 ANIMAL LICENSING
Animal Boarding       Duty to hold a licence and secure the       Enforcement of              None.                  May investigate
Establishments        welfare of the animals kept at the          regulations and licensing                          animal welfare
                      establishment.                              of home dog boarding                               concerns.
                                                                  and commercial dog and
                                                                  cat boarding premises.
                                                                  Inspection of premises to
                                                                  ensure compliance with
                                                                  required licensing
                                                                  conditions under the
                                                                  Licensing of Activities
                                                                  Involving Animals
                                                                  (England) Regulations
                                                                  2018

       ANIMAL WELFARE – WHO IS RESPONSIBLE                                                  WOKING BOROUGH COUNCIL / DATED JUNE 2021
Type of incident                   Owner/Keeper’s                 Council*                    Police                RSPCA
                                    responsibility

Breeding Dogs         Duty to hold a licence and secure the       Enforcement of the          Investigate           May investigate
                      welfare of the animals kept at the          regulations and licensing   allegations of        animal welfare
                      establishment.                              of breeders who are in      breeding banned       concerns.
                                                                  scope and                   breeds.
                      Duty to uphold conditions of the licence.   investigation of
                      Contravening or failing to comply with      unlicensed breeders.
                      any of the conditions of the licence or
                      obstructing or delaying any person in the
                      exercise of his powers of entry or
                      inspection constitutes an offence.

Selling Animals as    Duty for an individual to hold a licence    Enforcement of              None.                 May investigate
Pets                  and secure the welfare of the animals       regulations and licensing                         animal welfare
                      kept at the establishment                   of individuals selling                            concerns
                                                                  animals
                      Ensure animal handlers have the
                      necessary knowledge and facilities to be    Inspection of the
                      able to provide animals with the            premises and
                      appropriate specialist environment and      assessment of the
                      care.                                       Licensee

                      Duty to seek specialist advice if selling   Investigation into
                      exotic animals.                             unlicensed individuals
                                                                  selling animals.

       ANIMAL WELFARE – WHO IS RESPONSIBLE                                                 WOKING BOROUGH COUNCIL / DATED JUNE 2021
Type of incident                    Owner/Keeper’s                     Council*                    Police               RSPCA
                                     responsibility

Keeping or training     Duty to hold a licence to keep or train        The Council is              None.                RSPCA may take
animals for             animal(s) for in scope activities, e.g. pony   responsible for the                              the lead on
exhibition              parties and public performances, for           enforcement of                                   incidents relating
                        example for television, theatre or in a        The Licensing of                                 to cruelty and liaise
                        film.                                          Activities Involving                             with the Local
                                                                       Animals (England)                                Authority.
                                                                       Regulations 2018
Hiring out horse for    Duty to hold a licence and secure the          The Council is              None.                May investigate
riding or instruction   welfare of the animals kept at the             responsible for the                              horses
                        establishment                                  enforcement of                                   found to be
                                                                       Regulations and                                  suffering at
                                                                       licensing of premises                            riding
                                                                       And investigation into                           establishments.
                                                                       unlicensed hiring out of
                                                                       horses for riding or
                                                                       instruction.
Dangerous Wild          Duty to hold a licence and secure the          The Council is              None.                May investigate
Animals                 welfare of the animals kept at the             responsible for the                              concerns around
                        establishment and to                           enforcement of                                   Dangerous Wild
                        prevent any means of                           regulations and licensing                        Animals found to
                        escape.                                        of keepers of Dangerous                          be
                                                                       Wild Animals                                     suffering.
                                                                       (as defined under the
                                                                       schedule to the
                                                                       Dangerous Wild Animals
                                                                       Act 1976)

                                                                       Investigation into
                                                                       unlicensed keepers of
                                                                       Dangerous Wild
                                                                       Animals.

        ANIMAL WELFARE – WHO IS RESPONSIBLE                                                    WOKING BOROUGH COUNCIL / DATED JUNE 2021
Type of incident                   Owner/Keeper’s                   Council*                      Police                 RSPCA
                                    responsibility

Zoos - licensed        Duty to hold a licence and secure the        There are no zoos             None, except           May investigate
Zoos and similar       welfare of the animals kept at the           currently in the Borough      where an animal        concerns around
animal premises        establishment.                               of Woking, but if there       has escaped.           animal welfare.
(i.e. sanctuaries or                                                were, the LA would be
those                                                               responsible for the
zoos subject to                                                     enforcement of
exemption or                                                        Regulations and
dispensation).                                                      licensing of Zoos under
                                                                    the Zoo Licensing Act
                                                                    1981.
Circuses               Duty to secure the welfare of the animals    The Council are               Jointly                Jointly responsible
                       in circuses.                                 responsible for the           responsible with       with Surrey Police
                                                                    inspection of circuses in     the RSPCA for          for cruelty or
                                                                    relation to the               cruelty or             mistreatment of
                                                                    enforcement of the            mistreatment of        Circus Animals.
                                                                    Health and Safety at          Circus Animals.        From January
                                                                    Work Act 1974, in                                    2020 in England,
                                                                    respect of animal                                    the use of wild
                                                                    handling and public                                  animals in circuses
                                                                    safety.                                              is banned under
                                                                                                                         the Wild Animals in
                                                                                                                         Circuses Act 2019.
Control of                                                          The Environmental             None.                  None.
international trade                                                 Health service and / or
of endangered                                                       Council Officer will pass
species                                                             on intelligence of
                                                                    international trade of
                                                                    endangered species to
                                                                    the relevant agencies.
                                                                    DEFRA and APHA.
Importation of         To comply with the conditions set out at a   The Council does not          None.                  None.
Farm Animals           national level by the Department for the     have powers over the
                       Environment, Food and Rural Affairs          regulation and inspection

       ANIMAL WELFARE – WHO IS RESPONSIBLE                                                      WOKING BOROUGH COUNCIL / DATED JUNE 2021
(DEFRA), who regulate farms.             of farms or for animal
                                                                    transportation. Local
                                                                    movement licences are
                                                                    issued by
                                                                    Buckinghamshire and
                                                                    Surrey Trading
                                                                    Standards.

                                                  USEFUL CONTACTS
Organisation                     Responsible for                     Contact                                 Website
Woking Borough Council -        Animal Licensing     01483 743840                                www.woking.gov.uk
Environmental Health                                 environmental.health@woking.gov.uk
Woking Borough Council -        Horse Grazing        propertyservices@woking.gov.uk              www.woking.gov.uk
Asset Management                Licences
Surrey Wildlife Trust           Cattle on Sheets     emergency number 07817 769672               www.surreywildlifetrust.org/
                                Heath and Prey
                                Heath East,.
                                For, the

Kristina                        Ponies that graze    emergency site contact number is
                                both on Brookwood    07733 327807.
                                Heath and Smarts
                                Heath
Buckinghamshire & Surrey        Animal Health and    0300 123 2329                               https://www.surreycc.gov.uk/business-and-
Trading Standards               Welfare                                                          consumers/trading-standards/business-
                                                                                                 advice/animal-health
Surrey Police                   Dangerous Dogs       101 or 999 in an emergency                  https://www.surrey.police.uk
RSPCA (National)                Animal Welfare       24-hour cruelty line on 0300 1234 999       https://www.rspca.org.uk/home
RSPCA (Local Branch)            Animal Welfare       07553284028                                 www.rspca.org.uk/reportcruelty
Hydestile Wildlife Hospital     Charitable advice    01483 860313                                www.hydestileresidentanimals.co.uk/

            ANIMAL WELFARE – WHO IS RESPONSIBLE                                              WOKING BOROUGH COUNCIL / DATED JUNE 2021
line / Newsletters
Millbrook Animal Centre        Animal Centre        0300 123 0740                             https://www.rspca-millbrook.org.uk
(RSPCA)
Wildlife Aid                   Injured Wildlife     09061800132 (calls cost 50p per minute)   https://www.wildlifeaid.org.uk/faqs/find-
                                                                                              injured-orphaned-animal/
Swan Sanctuary                 Swans              01932 240790                                http://www.theswansanctuary.org.uk
National Equine Welfare        Protection of      01962 848350                                www.newc.co.uk
Council (NEWC)                 horses, ponies,
                               donkeys and mules,
Surrey County Council          Major obstructions 0300 200 1003                               https://www.surreycc.gov.uk/roads
Highways                       on the Highways

        USEFUL SPECIES GUIDANCE (INJURED ANIMALS)
    Dormouse        Surrey Dormouse Group                                      www.surreydormousegroup.org.uk/

    Injured     Surrey Amphibian and Reptile Group (SARG)                      https://surrey-arg.org.uk/
    amphibians
    or reptiles

    Injured or      Surrey Bat Group guidance and contacts:                    www.surreybats.org.uk/problems.html
    grounded
    bats
    Hedgehog        If a hedgehog is out during the day it means that          www.surreywildlifetrust.org/act-wildlifehelping-
    out during      something is wrong and the hedgehog most likely needs      wildlife-home/helping-hedgehogs
    the day         help.

    Honey           Local bee-keepers are often able to help if you come       https://surreybees.co.uk/swarms/
           ANIMAL WELFARE – WHO IS RESPONSIBLE                                           WOKING BOROUGH COUNCIL / DATED JUNE 2021
bees           across a swarm of honey bees. Please do double check https://www.bbka.org.uk/swarm
swarms         first that you have correctly identified that they are honey
               bees, as other kinds of insects can also swarm.

Injured        West Surrey Badger Group’s website provides useful           www.wsbg.co.uk/contact.html
badger         contacts.

Injured or     Call an expert rescuer, do not try to capture it yourself.   Wildlife Aid Foundation
grounded                                                                    https://www.wildlifeaid.org.uk/contact-us/
peregrine
falcon                                                                      After first contacting the above, please also
                                                                            make the Woking Peregrine Project volunteers
                                                                            aware: www.wokingperegrines.com/contact/

Injured or     Swift Conservation advice and contacts                       www.swift-conservation.org/SwiftFirstAid.htm
grounded
swifts                                                                      After first contacting the above, please also
                                                                            make the Swifts in Woking volunteers aware:
                                                                            https://surreybirdclub.org.uk/conservation/swifts/
Horses or      The Council has four heathland sites, on which grazing       If you find ponies or cattle which you believe
cattle         is managed as follows:                                       have strayed from one of the sites mentioned
strayed                                                                     (see right), please contact the relevant
from           Grazed by ponies of local graziers, overseen by the          managing organisation:
heathland /    Surrey Heathland Partnership:
common         • Brookwood Heath                                            Surrey Heathland Partnership
land           • Smarts Heath.                                              www.surreycc.gov.uk/land-planning-and
                                                                            development/countryside/partnerships/heathland
               Conservation grazing by cattle, managed by Surrey
               Wildlife Trust:                                              Surrey Wildlife Trust
               • Prey Heath                                                 Contact the emergency grazing team number
               • Sheets Heath.                                              shown on this webpage
                                                                            www.surreywildlifetrust.org/walking-near-
                                                                            livestock

      ANIMAL WELFARE – WHO IS RESPONSIBLE                                            WOKING BOROUGH COUNCIL / DATED JUNE 2021
For Surrey Wildlife Trust cattle on Sheets Heath
                                                                         and Prey Heath East, the emergency number is
                                                                         07817 769672.
                                                                         For ponies that graze both on Brookwood Heath
                                                                         and Smarts Heath, the emergency site contact is
                                                                         Kristina 07733 327807.

                                        USEFUL GUIDANCE
Animal Licensing Guidance for Local Authorities
https://www.gov.uk/government/publications/animal-activities-licensing-guidance-for-local-authorities

Procedural Guidance for Local Authorities
https://assets.publishing.service.gov.uk/government/uploads/system/uploads/attachment_data/file/957617/animal-welfare-
licensing-procedural-guidance.pdf

Dog Boarding Licensing
https://assets.publishing.service.gov.uk/government/uploads/system/uploads/attachment_data/file/936827/animal-welfare-
licensing-providing-boarding-for-dogs-guidance.pdf

Home Boarding for Dogs
https://assets.publishing.service.gov.uk/government/uploads/system/uploads/attachment_data/file/936828/animal-
welfare-licensing-home-boarding-for-dogs-guidance.pdf

Dog Day Care
https://assets.publishing.service.gov.uk/government/uploads/system/uploads/attachment_data/file/936829/animal-
welfare-licensing-providing-day-care-for-dogs-guidance.pdf
  ANIMAL WELFARE – WHO IS RESPONSIBLE                                              WOKING BOROUGH COUNCIL / DATED JUNE 2021
Cat Boarding
https://assets.publishing.service.gov.uk/government/uploads/system/uploads/attachment_data/file/936829/animal-
welfare-licensing-providing-day-care-for-dogs-guidance.pdf

Dog Breeding
https://assets.publishing.service.gov.uk/government/uploads/system/uploads/attachment_data/file/936830/dog-
breeding-guidance.pdf

Selling Animals as Pets
https://assets.publishing.service.gov.uk/government/uploads/system/uploads/attachment_data/file/936832/selling-
animals-as-pets.pdf

Keeping of Training Animals for Exhibition
https://assets.publishing.service.gov.uk/government/uploads/system/uploads/attachment_data/file/936834/animal-
welfare-licensing-keeping-training-animals-for-exhibition.pdf

Hiring out Horses
https://assets.publishing.service.gov.uk/government/uploads/system/uploads/attachment_data/file/936833/animal-
welfare-licensing-hiring-out-horses.pdf

                                        LEGISLATION
Animal Welfare Act 2006
https://www.legislation.gov.uk/ukpga/2006/45/contents

Dangerous Dogs Act 1991
https://www.legislation.gov.uk/ukpga/1991/65/contents

Control of Horses Act 2015
  ANIMAL WELFARE – WHO IS RESPONSIBLE                                       WOKING BOROUGH COUNCIL / DATED JUNE 2021
https://www.legislation.gov.uk/ukpga/2015/23/contents/enacted

The Animal Welfare (Licensing of Activities Involving Animals) (England) Regulations 2018
https://www.legislation.gov.uk/ukdsi/2018/9780111165485

Dangerous Wild Animals Act 1976
https://www.legislation.gov.uk/ukpga/1976/38

The Wildlife and Country Act 1981 (as amended)
www.legislation.gov.uk/ukpga/1981/69/contents

The Natural Environment and Rural Communities Act 2006
www.legislation.gov.uk/ukpga/2006/16/contents

Countryside and Rights of Way (CRoW) Act 2000
www.legislation.gov.uk/ukpga/2000/37/contents

 ANIMAL WELFARE – WHO IS RESPONSIBLE                                        WOKING BOROUGH COUNCIL / DATED JUNE 2021
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