Dangerous wild animals: licensing guidance for local authorities

Provisions of the Act

Powers of entry

The powers of entry are limited to premises for which a licence has been applied for or granted. Local authorities rely on voluntary access or use powers contained in other legislation, e.g. AHWA, to gain entry.

Power to seize and dispose of animals

A local authority may seize any animal and retain the animal in its possession, or destroy or otherwise dispose of it, if:

• (a) the animal is being kept without a licence, or
• (b) there is a contravention of, or failure to comply with, any condition contained in a licence.

Local authorities may recover the amount of any expenditure incurred in exercising these powers from the licencee.

The powers of seizure followed by retention, destruction or disposal of an animal are unusual as they do not require reference to a sheriff’s court or provide an opportunity for any appeal by the licensee or other keeper. The power of seizure only applies in circumstances where a person is in contravention of the Act.

Local authorities have a responsibility to ensure that security and welfare issues are dealt with when handling/transporting seized animals and that placement of animals is with a licensed person or exempt organisation. Considerable planning and preparation may be required. Further guidance is available from Scottish Natural Heritage.

The Act does not state what documentation is necessary to record seizures and disposals. It is recommended that the local authority serve a notice on anyone believed to be the owner of the animal(s) setting out the action and the legal authority for it. Detailed records will be required if the local authority is to successfully recover its costs.

Penalties

The penalty for an offence under the Act is currently a fine not exceeding Level 5 (which at time of writing, January 2013, is £5,000). Level 5 is the highest level fine on the sheriff’s scale.

Where a person is convicted of an offence under the Act (or certain other animal health and/or welfare related legislation*), the court may cancel any licence which that person holds and disqualify them from keeping any dangerous wild animal for a period which the court sees fit.

*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.

Interpretation of possession

Possession will constitute "keeping" and in other circumstances will require the possessor either to be the holder of a licence, or named or described in a licence if an offence is not to be committed. The concept of possession is modified in two ways:

a) in the event of an animal ceasing to be in someone’s possession, the possession which existed immediately before that cessation is deemed to continue until such time as the animal enters into the possession of another person who qualifies as a "keeper" under the Act.

b) in the case of certain temporary possessions, eg where someone is preventing an animal from causing damage; returning an animal to its owner; providing veterinary treatment; or transporting an animal on behalf of another person, such people do not qualify as keepers under the Act and are not required to obtain a licence when the possession of the animal arises in those capacities alone.