The Animal Welfare (Licensing of Activities Involving Animals) (Scotland) Regulations 2021: guidance for animal rehoming activities

Section 3: The application process (new and renewal applications)

Under the Regulations local authorities are, with one exception, the licensing authority for animal rehoming activities. The exception applies in respect to any licence application made in connection with the activity of engaging in animal rehoming activities by persons that neither reside or have a place of business in Scotland. In such circumstances the licensing authority is the Scottish Ministers and such persons must apply directly to the Scottish Ministers by emailing animalrehominglicence@gov.scot. Where the applicant for an animal rehoming licence resides or has a place of business in Scotland, the licensing authority for the rehoming activity is the local authority in which there is such a residence or place of business. Any licence issued by the relevant licensing authority authorises the activity of rehoming animals in the whole of Scotland.

The Regulations include a provision that allows the licensing authority to charge a fee for the consideration and granting of a licence. Any fee payable will be confirmed by the licensing authority at the time of application.

Upon receipt of a valid application for a licence and payment of any fee the licensing authority has the power to arrange an inspection of any premises in Scotland on which the activity of animal rehoming is being, or is to be carried on, but is not required to do so. Circumstances where such an inspection would be warranted would, for example, be where a person carrying on the activity routinely keeps animals brought in for rehoming at a particular premises in Scotland prior to rehoming them with new keepers. Where, however, animals are brought into Scotland and delivered directly to new keepers there will be no premises to inspect and therefore the licensing authority may decide that no inspection is warranted.

A key requirement of the inspection, where one is undertaken, is to gather information about whether the applicant is meeting, or can demonstrate that they are ready to meet the conditions for holding a licence. The inspector's report is required to provide the licensing authority with information on:

• the applicant,
• the suitability of the premises for the proposed activity,
• any relevant records,
• the condition of any animals, and
• any other relevant matter the inspector considers relevant.

The other relevant matters referred to above would normally include:

• the staffing ratio,
• staff experience and, where applicable, staff qualifications,
• the quality of record keeping or the likelihood of the applicant keeping records that meet the record keeping requirements set out in the general and activity specific licence conditions in the Regulations.

In addition, the inspector's report must state whether in the inspector's opinion the applicant is likely or capable of meeting both the general licence conditions (set out in schedule 2 of the Regulations) and the activity specific licence conditions applicable to animal rehoming activities (schedule 4 of the Regulations).

If an inspection arising from an application is instructed, the licensing authority will consider the inspector's report to help it make an informed decision on whether or not to grant a licence to an applicant. An inspector is a person appointed by the licensing authority for the purposes of the Regulations. A person does not need to be employed by the licensing authority in order to be appointed as an inspector.

The licensing authority, having considered the application submitted, and, where relevant the report submitted by the inspector must either grant a licence or refuse it. Where the decision of the licensing authority is to refuse a licence it must notify the applicant accordingly, stating the reasons why and making clear the applicant's right to appeal the decision. The appeals process is covered in section 4 of this guidance.

Where the licensing authority decides to grant an animal rehoming licence it will attach the conditions that are set out in schedule 2 of the Regulations (the general conditions) and those at schedule 4 (animal rehoming specific conditions). The conditions of licence that must be complied with are set out in annexesA and Bof this guidance. Guidance on the licence conditions is also provided to assist you in understanding your obligations as a licence holder. If you have any questions regarding particular conditions or have concerns about compliance with them you should seek further guidance from the relevant licensing authority.

Regulation 6(5) of the Regulations provides the licensing authority with flexibility to attach further licence conditions to any licence granted or renewed if considered necessary for the purposes of securing the welfare of animals for which any licence holder is or will be responsible. Where a licensing authority considers that the imposition of an additional condition or conditions is necessary, it must notify the applicant or licence holder of that decision by way of a notice under regulation 7. Any such notice served will include information on the applicant's right to appeal the decision to impose additional conditions (under regulation 27) and the local authority's reason for the decision.

The licensing authority, having considered the application, any report submitted by an inspector and all other risk factors will issue a licence to engage in animal rehoming activities for a period of one, two or three years.

Note that a person subject to a disqualification order of a type listed in regulation 13 of the Regulations is not permitted to apply for a licence. An application made by such a person will be refused.

The Regulations require the licensing authority to publish and maintain a register of all those holding a licence under the regulations. The rationale for the register and for making it available to the public is to enable prospective owners of pet animals to quickly and easily check whether the person they are dealing with is indeed licenced by the licensing authority.