Meeting documents

A report was submitted which sought agreement for the adoption of the provisions of the Animal Welfare (Licensing of Activities Involving Animals) Regulations 2018, and approval for the introduction of fees payable from animal licensing applications. The report also requested that the Head of Housing and Environment be given delegated authority to carry out the powers and functions contained within the regulations.

The report stated that the provisions of the Animal Welfare Regulations 2018 had come into force on 1 October 2018, under the Animal Welfare Act 2006 and would contribute to a thriving economy by providing protection from crime and allowing lawful businesses to continue to operate. The new regulations would introduce an updated licensing system in England for five activities involving animals, namely selling animals as pets, boarding for cats or dogs, hiring out horses, dog breeding and keeping or training animals for exhibition.

Members were informed that if an applicant was running more than one licensable animal related activity each would be assessed separately and set out in one licence. Existing licences granted under the old legislation that were in force on 1 October 2018 would remain valid until the expiry date and would then be renewed under the new regulations. Refusal to grant a licence would be subject to an appeal hearing by a panel of Members drawn from the Regulatory and Appeals Committee.

It was emphasised that the inspection process under the new regulations would be much more comprehensive requiring a qualified inspector to conduct the inspections. Under the new arrangements the relevant premises would be provided with a `risk rating` based on the level to which it met the standards set out in the regulations and guidance. This would fundamentally determine the length of the licence issued for a period of between 1-3 years. In addition it would become necessary for the inspector to hold a level 3 certificate granted by a body recognised and regulated by the Office of Qualifications and Examinations Regulation`.

The report also gave mention to the revised fees as set out at (Appendix A) to the report. This specified that they had been costed to reflect actual officer time required and would be revised annually to ensure that they continued to do so and therefore be cost neutral to the Council.

A Member queried whether the provisions of the new regulations would encompass the increasing level of dog walkers in the district. The presenting officer confirmed this in the affirmative where as part of the service they also took them home, stating that this was an additional area the legislation sought to address. Another Member sought clarification on how officers would differentiate between commercial breeders and those dog keepers who carried out this activity as a hobby. The presenting officer stated that officers would rely on local information regarding those breeders operating as a business, and thereby be required to hold a dog breeding licence.

RECOMMENDED That:

(i)            The provisions of the Animal Welfare (Licensing of Activities Involving Animals) (England) Regulations 2018 be adopted

(ii)               The powers and functions contained within the new regulations be delegated to the Head of Housing and Environment

(iii)             The fees payable in connection with animal licensing applications be introduced