Dangerous wild animals: licensing guidance for local authorities

Licensing procedure

Application form

The design of application forms is at the discretion of local authorities and can vary from a basic form to a more comprehensive one.

Certain information and criterion must be provided/met:

• the species and the number of animals to be kept

• the premises where the animal will be kept
• the applicant must be over 18 years of age and not disqualified under the Act from keeping any dangerous wild animal
• the application must be made to the local authority in whose area the premises are situated
• the application must be accompanied by the fee

Additional information that is recommended to be included in an application form:

• size and type of accommodation
• provision, storage and preparation of food
• arrangements for ensuring adequate exercise
• who the applicants’ veterinary surgeon is
• whether the applicant intends to breed the animals
• a declaration to be signed by the applicant to certify that they have not been disqualified from keeping animals and have no other animal health and/or welfare related convictions*

*Protection of Animals Act 1911 to 1964, the Protection of Animals (Scotland) Acts 1912 to 1964, the Pet Animals Act 1951, the Animal Boarding Establishments Act 1963, the Riding Establishments Acts 1964 and 1970, the Breeding of Dogs Act 1973, offences under sections 28C or 28F(16) of the Animal Health Act 1981, and sections 19 to 24, 25(7), 29 or 40(11) of the Animal Health and Welfare (Scotland) Act 2006.

Licence fees

There is a variance in the fees charged by local authorities. The fees charged by local authorities should only reflect those costs reasonably incurred and should not be used for profit making or as a tool to dissuade keepers from keeping dangerous wild animals or from applying for a licence.

The legitimate costs that can be recharged include the labour costs of local authority officers and veterinary consultants for inspections, and for general administration duties. Local authorities should be able to justify the level of fees in the event of a challenge. A keeper can challenge fees through the courts or by the Scottish Public Services Ombudsman.

Inspection in connection with a licence application

Once the local authority has received the application form and fee, an inspection date should be set, and the inspection carried out by a local authority officer and a suitably competent vet authorised by the local authority.  

The local authority must obtain a satisfactory report from a competent vet as to whether the premises are suitable and to describe the conditions of the premises both before granting a licence and upon renewal.  Licences must be renewed annually.  

When inspections are undertaken for a first licence there should be no animals present and the inspection can only ascertain whether the premises are suitable. Subsequent inspections, shortly after the licence is granted or at licence renewal, must assess both the premises and the condition of the animals.

If a licence lapses, an inspection may be made to ensure that dangerous wild animals are not being kept without a licence which would be in contravention of the Act.

Authorisation of the vet

An applicant may suggest a vet that might be considered for authorisation alongside any vet whom the local authority may select. However, as it is the local authority’s inspection, they decide who will conduct inspections on their behalf. While it would be unreasonable of a local authority not to consider any vet nominated by an applicant, it is for the local authority to make the final decision. Where a local authority authorises its “own” choice of vet who, objectively, is just as competent as any candidate that a keeper or other party has suggested, then there is little room for criticism of the local authority’s decision. 

Local authorities should ensure that the inspecting vet is competent with respect to the species that the keeper is intending to keep. Local authorities may sometimes have difficulty finding a vet with competence in regard to a particular species. It is recommended that they contact other local authorities, a local zoo or the Royal College of Veterinary Surgeons for suggestions. The Scottish Government's Animal Health and Welfare Division holds the list of approved zoo inspectors who may also be approached.

A veterinary report is mandatory if a licence is to be granted. A local authority can refuse to grant a licence with good reason (e.g. an applicant is under 18) without such a report. Nothing in the Act imposes any other restriction on the reports which a local authority may wish to obtain ascertaining whether a licence is to be granted or not, e.g. regarding the suitability of the applicant.

The appointed vet only acts as an adviser to the local authority and has no decision-making powers. It is for the local authority to consider the vet’s report alongside any other relevant evidence in determining the outcome of the application.

Retrospective licences

Licences must be obtained by keepers prior to keeping such animals. Applications from keepers who already own and possess dangerous wild animals can only be for relicensing or for animals currently kept elsewhere, e.g. a pet shop or suitably licensed premises prior to being moved to the applicant’s premises. Aside from someone who has applied to renew their licence before it expires and the licensing authority grants the new licence after the expiry date of the original, there is no provision in the Act to issue licences retrospectively and such licences should not be issued as a means of avoiding prosecutions.

Suitable person

Applicants must be over 18, must not be disqualified from keeping dangerous wild animals and must have current insurance that covers the applicant (and any others named on the licence) against liability for any damage caused by the animals. However, the “suitability” qualification allows the local authority to determine that a person is not suitable and that a licence should not be granted.

Any such determination is capable of being appealed or judicially reviewed, it is for local authorities to make an assessment in each case, based upon objectively justifiable criteria. It is not possible to describe all the scenarios in which a finding of “unsuitability” might be justified, but they tend to regard either the character or reputation, and the residential/domestic circumstances of the applicant.

In practice local authorities rely on an applicant's declaration or on local knowledge to determine whether such convictions or disqualifications have been made, as they have no access to a central register of convictions. Given that other animal health and/or welfare related convictions are considered to determine whether someone is a 'suitable person', and for cancellation of a licence by the courts, the latter approach would appear to be justified.

The term “person” in legislation will be held to cover both natural persons and legal persons (limited companies etc). The Act suggests that it is natural persons who are the likely applicants for, and holders of, licences, but there is nothing that specifically precludes a limited company from doing so.

A licence should not be granted to a person who does not propose to both own and possess the animal concerned. This is to ensure that a licence will be issued to the person likely to have the most effective control over the animal by virtue not only of possession but also of ownership. Exceptionally, a local authority may be prepared to grant a licence, for example, to an absentee owner's employee or a person effectively in charge of an animal if  the ownership of which cannot quickly or with certainty be established.

Local authorities will also need to be satisfied about the suitability of any other person/s who are to be specified on the licence.

Licence conditions

All licensing conditions must be specified in a licence. Where a local authority decides to grant a licence then according to the Act certain conditions must be specified:

• only the person/persons named on the licence shall be entitled to keep the animal/s (local authorities need to be satisfied about the suitability of all named keepers)
• the animal/s shall normally only be kept at the premises specified in the licence (that premises having been inspected and deemed suitable)
• the animal/s shall not be moved from the specified premises or may only be moved in accordance with further conditions specified in the licence
• the licensee must hold a current insurance policy, approved by the council, which insures him/her, and any others named on the licence, against liability for damage caused by the animal
• only the species and number of animals specified in the licence may be kept (they should be listed on the licence). For example, an increase in the number of animals will require a variation of the licence
• the licensee shall make available a copy of the licence and its contents to any other person specified in the licence as being able to act as a keeper the animal

Other conditions may be attached at the local authority's discretion and these will be in addition to those required above. The above conditions cannot be revoked (or contradicted) by further conditions applied. It is recommended that topics such as animal welfare, biosecurity, public safety and transport be included in licence condition considerations. In determining the type of conditions to be included the local authority may consult as widely as possible and take account of the view of specialist vets, police, fire service and the species guidance.

There may be additional “species specific” conditions to be included from the veterinary inspection report, and reference may also be made to the “duty of care” requirements of the Animal Health & Welfare (Scotland) Act 2006. 

Examples of potential additional conditions are:

• in the event of the licensee intending to sell or dispose of a licensed animal the licensee shall notify the local authority and supply the name and address of the person to whom the animal is to be sold or disposed. This information would help local authorities ensure that animals do not end up in the possession of keepers whose premises have not been inspected for suitability and who have not been granted an appropriate licence
• in the event of an escape of an animal kept under this licence the licensee shall notify the police and the local authority at the earliest possible opportunity. This would enable the enforcement bodies to help take appropriate and timely action to try and ensure public safety, however, the responsibility to recapture the animal remains with the licensee

Animals kept outside a local autority's area

Where a local authority proposes to attach a licensing condition allowing an animal to be kept for any continuous period exceeding 72 hours at premises outside its own area, it must consult the local authority in whose area the intended premises are situated. The Act allows for a condition specifying the circumstances in which licensed animals may be moved from specified premises and introduces additional safeguards for periods longer than 72 hours spent in another local authority’s area (a period of up to 72 hours is considered a sufficient time to allow for the short-term stay in, for example, a television or film studio).

This is to ensure that there is no possibility of another local authority being unaware of a dangerous wild animal in its area and to ensure that such a movement does not compromise public safety. It may also allow for inspection of premises for suitability.

A local authority shall not authorise an inspection of premises outside its area unless it has obtained the approval of the local authority for the area concerned.

Licence variations

A local authority can vary or revoke a licence condition that it imposed when granting (or previously varying) that licence. No fee is chargeable to the licence holder when such an action is carried out. However, if the nature of the variation requires an inspection of the premises, e.g. different species, different housing, more animals, it may charge for the costs of that inspection.

A varied licence condition takes effect immediately if granted by the local authority at the licence holders request. Or, when the licence holder is made aware of the variation and has been given reasonable time to comply. Local authorities will use their discretion regarding how long they allow for compliance.

Where a licence holder is aggrieved by any licence condition, they may request its variation (though the local authority would not necessarily have to agree to it) no formal procedure is laid down for the making of such a request. The only express power the Act gives the licence holder is to appeal against the imposition of a condition to the sheriffs’ court. It is recommended that any complaints received are reviewed at local authority level before such an appeal is lodged.

With regard to the expiry date of any “varied” licence, its year lifespan continues to run from the date on which it was originally granted.

The year period is fixed and a licence cannot be granted for a lesser period. The Act does not allow for the grant of ‘provisional licences’.

Appeals

Appeals can be made to a sheriffs’ court regarding the refusal to grant a licence, or where a licensee is unhappy with a licence condition or by the variation or revocation of any condition on a licence. Where someone does appeal, the sheriffs’ court can decide on the issue of granting, or the licensing conditions, as it sees fit but it must have regard to the provisions of the Act.

Licence renewal

Keepers should apply in good time to renew their licence. Where someone has re-applied but the original licence expires before the authority has granted or refused the renewal application, the original licence is deemed to be still in force.  

However, where keepers apply for a renewal after their licence has expired they are unlicensed keepers of their animals and have committed an offence under the Act, for which they may be prosecuted, and which will leave their animals subject to possible seizure by the local authority.

A licence remains in force for twenty-eight days in the event of the death of the licensee, as if the original licence had been granted to the personal representatives of the deceased. Also, if an application is made for a new licence within the twenty-eight days then the original is considered to be still in force beyond that period pending the grant or refusal of that application.

Inspection powers

A local authority can authorise a vet or such other person deemed competent, to inspect premises where an animal is being kept, or proposed to be kept, and empowers those authorised to enter and inspect such premises at all reasonable times in order to ascertain:

• whether or not a licence should be granted
• a licence condition varied
• whether an offence under the Act has or is being committed

A local authority may authorise an official to inspect in relation to considerations of amenity, nuisance, fire hazard, public health, planning etc, or a vet, zoologist or anyone with specialised knowledge of a particular animal to inspect in relation to the identification of an animal or its welfare. This power is given to the local authority considering an application or which has granted a licence.

It is an offence to wilfully obstruct or delay any person in the exercise of his power of entry or inspection.

Animal Health & Welfare (Scotland) Act 2006

Licensees should also be aware of their separate responsibilities under the Animal Health & Welfare (Scotland) Act 2006 (AHWA). It is illegal to cause unnecessary suffering to an animal under their care, and all welfare needs of their animals should be met.

An animal’s needs under the AHWA include its need:

• for a suitable environment
• for a suitable diet
• to exhibit normal behaviour patterns
• to be housed with or apart from other animals (whichever is applicable)
• to be protected from pain, suffering, injury and disease

Local authority officers have powers to investigate allegations of poor welfare or cruelty, and also have powers to issue improvement notices.