Licensing of activities involving animals: consultation

Part 2 Licensing of commercial dog walkers

Background

In Scotland currently there is no statutory licensing requirement to operate a dog walking business, nor is there any need to hold a recognised qualification. Over the past few years there has been a significant increase in the number of people offering dog walking services. The absence of any regulatory framework or formal training requirements is a growing cause for concern among animal welfare organisations, local authorities, and the general public. While it is recognised that the majority of dog walking businesses operate responsibly and professionally, there is growing evidence that the increase in the number of dog walking businesses is leading to problems linked to—

• dog walkers walking too many dogs at any one time with dogs not being fully under the control of the individual walking them,
• dogs being walked in inappropriate environments and without regard to or consideration for other users of that environment,
• out of control dogs chasing wildlife and/or farm livestock,
• failure to clean up and responsibly dispose of dog waste,
• inappropriately trained/experienced individuals walking dogs with little knowledge of how to properly control and care for the dogs entrusted to their care,
• inappropriate vehicles being used to transport dogs and too many dogs, and/or an inappropriate mix of dogs being transported at the same time,
• non-compliance with or lack of understanding of current animal welfare and/or environmental legislation.

These factors have led to an increase in the number of complaints made to local authorities and the Scottish SPCA. These are often linked to attacks on dogs being walked by members of the public, public concern and fear about large numbers of dogs being walked off-lead in public parks, dog fouling and occasionally disrespectful and/or aggressive behaviour from operators of dog walking businesses towards members of the public or land owners when challenged about the behaviour of the dogs in their care.

In response to this, a number of councils in Scotland have since introduced voluntary local accreditation or registration schemes for operators of dog walking businesses. Businesses signing up agree to comply with a number of conditions covering, for example, the number of dogs walked at any one time, insurance, ensuring safe and suitable transport, record keeping, ensuring dogs are under control at all times and canine first aid.

As the numbers of commercial dog walking businesses continues to grow, the problems and concerns highlighted above are likely to increase significantly. Following discussions with key animal welfare organisations and local authorities, the Scottish Government has concluded that there is a reasonable case for dog walking businesses to be subject to licensing requirements. It is our view that service providers taking responsibility for the care of animals, even on temporary basis, should be subject to some form of targeted, regulatory control. This would principally be to protect animal welfare and ensure service providers can be held accountable if animal welfare is compromised. It should also have the effect of increasing accountability where service providers cause distress or annoyance to the public or landowners.

Introduction of licensing will introduce additional burden to businesses and enforcement authorities. However, it should be noted that a significant benefit of licensing, apart from safeguarding animal welfare and introducing accountability, is that businesses who are officially licensed will be able to use this fact to promote their business and reassure current and future clients that their dogs are being entrusted to a business that operates, as a minimum, to the standards set out in law. Further benefits include:

• improved public safety, as any licence conditions imposed in the interests of animal welfare, for example keeping dogs on leashes in public areas, would reduce the risk of injury to the public and reduce the likelihood of attacks on dogs being walked by members of the public.
• improved public perception of and trust in the commercial dog walking sector.
• a standardized and improved level of service to clients ensuring that the sector as a whole operates on a more consistent and level basis.

Requirements of a future licensing scheme

Whilst not an exhaustive list, it is proposed that a future statutory licensing scheme would—

• Require any person wishing to operate or already operating a dog walking business to be licensed by the licensing authority (this would likely be the local authority). Where a dog walker applies for a licence, any vehicles or premises used in connection with the business activity would require to be inspected by the licensing authority before any licence could be issued. The inspection would be undertaken to assist in the preparation of a report regarding the suitability of the applicant, any relevant premises, relevant records, the condition of any animals observed and any other relevant matters.
• Require any licence holder to comply with the conditions of any licence granted by the licensing authority. As is already the case for animal related activities subject to licensing in Scotland, the conditions that would need to be complied with would be set out in legislation. The licensing authority would have powers to add additional conditions of licence, but only where it considers it necessary to ensure the welfare of animals under the care of dog walkers.
• Require the licensing authority to be satisfied that the licence conditions are likely to be met and that grant of a licence is otherwise appropriate before issuing a licence. This would involve considering the applicant's conduct, whether the applicant is a fit and proper person and other relevant circumstances. This is already a requirement under the existing licensing framework.
• Allow the licensing authority to grant licences for a period of one to three years' duration. It is anticipated that licence holders who consistently demonstrate professionalism, high levels of compliance with licence conditions and a solid understanding of animal welfare and care could be granted a licence of three years' duration.
• Subject to an assessment of relevant factors, allow the licensing authority to stipulate on any licence granted the maximum number of dogs that can be walked at any one time.
• Allow the licensing authority to charge a fee for the consideration of a licence application and grant of licence.
• Allow the licensing authority to vary, suspend or revoke a licence as appropriate due to the actions or conduct of a licence holder.
• Require the licensing authority to publish online a register of licence holders. This is to allow the public to quickly check whether a service provider is properly licensed to provide dog walking services.
• Provide an appeals mechanism for applicants or licence holders aggrieved by a decision by the licensing authority.

Consultation questions

Q1. Do you agree that dog walking businesses should be subject to a statutory licensing scheme?

Yes / No / Not sure.

Please provide reasons for your answer.

Q2. If you do not support the introduction of statutory licensing, what controls, if any, would you otherwise recommend?

Q3. Do you think that license applicants should be required to hold recognised, relevant qualifications (for example, in dog behaviour, canine first aid, animal welfare)? If yes, what level of training do you consider appropriate?

Q4. Do you agree that the licensing authority should, where appropriate, be able to stipulate on any licence granted the maximum number of dogs that can be walked at any one time?

Q5. Are there any further controls or measures that you would like to see introduced as part of a licensing scheme for dog walking businesses?

Q6. Do you support the proposal that applicants for a dog walking business licence are required to demonstrate that they maintain an acceptable level of record keeping and have clearly set out and established standards of service and care?

Yes / No / Not sure.

Please provide reasons for your answer.

Q7. Do you know of any challenges or negative consequences that may arise from the introduction of statutory licensing for dog walking businesses? If yes, what are they and how best could these be addressed?

Q8. Are you aware of any examples of how any of the proposals above may impact, either positively or negatively, on those with protected characteristics?

These are: age, disability, gender reassignment, marriage and civil partnership, pregnancy and maternity, race, religion or belief, sex and sexual orientation.

Yes / No / Don't know

If yes, please explain your answer.