Decision details

The Assistant Director (Legal and Democratic Services) submitted a report to advise members of new regulations operational in relation to Animal Welfare.

                   Bury Council is responsible for licensing a number of activities relating to the welfare of animals under a number of Acts of Parliament and relevant regulations, of which there are currently 88 premises within the Borough.  Prior to 1 October 2018, the Council issued licences under the following legislation (which has now been repealed due to the Animal Welfare (Licensing of Activities involving Animals)(England) Regulations 2018):

1.   Pet Animals Act 1951

2.   Animal Boarding Establishments Act 1963

3.   Riding Establishments Act 1964

4.   Riding Establishments Act 1970

5.   Breeding of Dogs Act 1973

6.   Breeding of Dogs Regulations 1999

7.   Breeding and Sale of Dogs (Welfare) Act 1999

Licences that have been granted by the Council will get transitional provisions under 1, 2, 3 and 4 of the above legislations for any unexpired licences and an unexpired licence granted under the Breeding of Dogs Act 1973 will continue in force for the rest of its term subject to the provisions of that Act, Breeding of Dogs (Licensing )Records) Regulations 1999 and the Breeding and Sale of Dogs (Welfare) Act 1999.

The Council also issues licences for the below activities relating to the welfare of animals and are regulated by the following Acts:

·         Dangerous wild animal licences – (Dangerous Wild Animals 1976)

·         Zoo licences – (Zoo Licensing Act 1981)

The Animal Welfare Act 2006 is the primary piece of legislation controlling the welfare of animals in England and Wales and established set welfare standards must be maintained by all people who are responsible for an animal.  It has consolidated animal welfare legislation in areas such as preventing unnecessary suffering, mutilation and animal fighting.  The Act also places responsibilities on to numerous enforcement agencies.

When carrying out its function under the primary licensing Acts the Council will seek to promote the following objectives:

·         Animal welfare (the five needs)

·         Public safety

The licensing legislation states clearly the criteria which the Council must be satisfied of before any licence is granted.  Where the relevant inspector is not satisfied that the legal requirements are met, or when an inspector or the veterinary surgeon has raised concerns, the applicant will be notified and given the opportunity to address these issues in the hope of satisfying the relevant criteria.

It was agreed:

That the refusal to grant, suspend, vary and revoke a licence under these regulations be delegated to the Head of Service for Trading Standards and Licensing and/or the Licensing Unit Manager, following consultation with the Chairman of the Licensing and Safety Panel.

That the determining of appeals against the allocated star rating be delegated to the Head of Service for Trading Standards and Licensing.