Agenda item

The licensing of animal related activities was complex and was governed by highly prescriptive statutory provisions and comprehensive statutory and non-statutory guidance. In accordance with the Animal Welfare Act 2006, Buckinghamshire Council, in its role as Licensing Authority, was responsible for licensing operators of businesses carrying out prescribed activities involving animals. In addition, the Council was also responsible for licensing keepers of animals, that were defined as dangerous wild animals and for the licensing of zoos.

There was currently no animal licensing policy, covering the Buckinghamshire Council area. Whilst there was no statutory requirement for a policy under any of the legislation relating to these types of licence, it was considered appropriate to produce a single policy which sets out a clear and consistent framework for the Council’s approach to animal licensing. The adoption of a policy supported the Council’s commitment to transparency, fairness and openness when determining applications and ensuring compliance with the relevant legislation.

The draft Animal Licensing Policy, attached at Appendix 1 of the report, provided guidance on the various application processes, a brief overview of relevant legislation and links to statutory guidance. The legislation and regulations under which animal licences were issued required the Council to determine, among other factors, whether the applicant was suitable or in the case of The Animal Welfare (Licensing of Activities Involving Animals) (England) Regulations 2018 “fit and proper” to hold a licence. Whilst there was no legal definition of “fit and proper” in the regulations, the Policy provided an opportunity to outline matters which the Council would take into consideration when deciding if someone was suitable to hold a licence.

As well as the need to comply with the different statutory licensing requirements, it was of public interest to ensure the general safety and wellbeing of animals, those responsible for them and members of the public who might come into contact with them. The adoption of a Policy would also give the Council an opportunity to set out its expectations around safeguarding for operators of businesses whose activities take place around children and vulnerable persons.

If approved by the Committee and subject to any suggested amendments, the draft Animal Licensing Policy would undergo a six-week public consultation process with all relevant stakeholders being notified, including affected licence holders, Ward, Town and Parish Councillors, Community Boards, Thames Valley Police, Veterinary inspectors and Local Government Animal Welfare Group.

Following the consultation process, a further report would be presented to this Committee providing full details of any comments received and amendments proposed as a result.

Members were invited to ask questions of officers. In response to a question regarding how many officers were involved with the licensing of animal related activities and whether the license fees covered the staffing costs, officers advised that there were 2.5 full time equivalent animal officer posts and that the fees had been set to cover the costs of these posts.  It was noted that the licensing of animal related activities was a very specific area of licensing, which required a professional qualification to deliver it.

It was noted that whilst fees were generally subject to a full review every 3 years, taking account of the recent harmonisation of the animal licensing work activities of Buckinghamshire Council and anticipated review of the LAIA Regulations at the end of 2023, the fees would initially be reviewed annually to comply with standards of fee setting.   In response to a question, officers advised that following next year’s full review, it would be for the Committee to decide as to when the next full review should be.

The Committee welcomed the creation of a single policy which sets out a clear and consistent framework for the Council’s approach to animal licensing.

On a vote being taken the recommendation was proposed by Cllr Barnes and seconded by Cllr Wadhwa and: -

RESOLVED that the draft Animal Licensing Policy set out at Appendix 1 of the report be approved for consultation with relevant stakeholders.