Licensing of activities involving animals: consultation

Part 3 Licensing dog groomers

Background

Dog grooming is currently an unregulated activity in Scotland and there are no specific qualifications needed to operate or start a dog grooming service. Dog groomers deliver a range of important services that contribute to the physical and emotional wellbeing of dogs, including bathing, hair clipping, nail trimming and ear cleaning. There are various organisations and individuals that offer specific training, with more formal providers delivering training which leads to the award of SQA or City & Guilds (recognised qualifications). Other training of relevance to those offering dog grooming services is available through a number of colleges covering animal care, animal husbandry, first aid etc.

There are a number of bodies and organisations (some international, some UK-wide only) relevant to the provision of pet grooming services. These bodies exist to promote training and high standards of customer care and animal welfare. The main body in the UK (United Kingdom) is the British Dog Groomers Association - British Dog Groomers' Association - which is part of the Pet Industry Federation and represents its members through the provision of recognised training, education, support, and the sharing of best practice.

With the huge increase in dog ownership over the past few years there has been an increase in the number of people establishing dog grooming businesses. In common with other businesses offering services to pet owners, the vast majority of individuals working as dog groomers do so due to their love of working and interacting with dogs and they will aim to deliver a positive experience for both dog and owners. Groomers play an important role in helping pet owners ensure the health and wellbeing of their dogs, so the rise in businesses offering such services is in many ways a positive development.

The vast majority of owners who take their dog to a groomer have a positive experience, as do their dogs. Regrettably however, there have been reports where dogs entrusted to a groomer return showing signs of stress, mistreatment, or injury. These are often linked to rough handling, improper care when using chemical sprays or, more often, dryers. There have also been well documented cases in the past few years where dogs have unfortunately died at or following a visit to a groomer.

Some of the key concerns raised in respect to pet grooming include—

• animals becoming stressed or suffering discomfort due to incorrect or rough handling by the groomer;
• misuse or poor administration of pet grooming products - sprays, shampoos, ear cleaners etc. - leading to stress and/or physical irritation;
• failing to ensure the needs of animals whilst under the temporary care, i.e. ensuring the animal does not become stressed due to the proximity of other animals, ensuring access to drinking water, ensuring that animals are not exposed to temperature extremes;
• the lack of regulatory control and oversight to ensure accountability and safeguard animal welfare.

Under existing animal welfare legislation (the Animal Health and Welfare (Scotland) Act 2006), groomers are responsible for the welfare of any animal while in their care and must ensure that they are protected from unnecessary suffering. Aside from the 2006 Act, however, there is very little in the way of regulation to ensure that those offering dog grooming services are operating to acceptable animal welfare standards.

Following discussions with key animal welfare organisations and local authorities, and a growing call for some form of formal licensing scheme from individuals working in this sector, the Scottish Government has concluded that there is a strong case for licensing of dog groomers/pet grooming services. It is our view that it is not unreasonable to expect that businesses or individuals taking responsibility for the care of animals, even on temporary basis, should be subject to some form of regulatory oversight. This will provide necessary additional safeguards for animal welfare and will ensure those operating on a commercial basis comply with set standards and can be held accountable for their operations.

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

• improved animal welfare.
• improved public perception of and trust in the pet grooming 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 for dog groomers would—

• Require any person wishing to operate or already operating a dog grooming business (mobile or from fixed premises) to be licensed by the licensing authority (this would be the local authority). Any premises or vehicles (in the case of mobile groomers) linked to an application for a licence would require to be inspected by the licensing authority before any licence was issued. The inspection would be undertaken to assist in the preparation of a report regarding the suitability of the applicant, relevant premises, relevant records, the condition of any animals observed and any other relevant matters.
• Allow inspectors appointed by the licensing authority to inspect licensed premises or to enter premises suspected of operating without a licence.
• 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.
• 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 for licensable activities under the existing licensing framework.
• Involve consideration of whether the applicant and/or relevant employees have recognised qualifications relating to grooming and knowledge and experience in understanding animal behaviour and fundamental animal welfare needs.
• 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.
• 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 provider of dog grooming services is properly licensed.
• 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 grooming businesses should be subject to a statutory licensing scheme?

Yes / No / Not sure.

Please explain the reasons for your answer.

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

Q3. In your opinion, should any future licensing scheme apply to dog groomers only or should it apply more widely, for example to all pet animals?

Q4. There is currently no requirement for dog groomers to hold any qualifications (although many do). Do you think that holding a recognised qualification should be a requirement under any future licensing scheme?

Yes / No / Not sure.

If yes, what qualification as a minimum should be required?

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

Q6. 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.