Licensing of activities involving animals: consultation

Part 4 Licensing of livery services

Background

Currently in Scotland the provision of livery services is unregulated, with no licence or equine qualifications required to own or run a livery business. The absence of regulation and minimum standards to protect animal welfare and ensure accountability is a matter of concern. While some general welfare protection for equines is provided under the Animal Health and Welfare (Scotland) Act 2006, these are limited in terms of their scope.

Other relevant equine legislation and guidance applying in Scotland is—

• the 1964 Riding Establishments Act (as amended),
• The 1925 Performing Animals Act,
• The Welfare of Animals (Transport) (Scotland) Order 2006,
• Welfare of equidae: code of practice.

The Riding Establishments Act 1964 requires equine riding establishments to be licensed. It does not however directly apply to livery services unless the establishment hires out equines for riding and/or offer riding tuition. Where it does, the establishment would require to hold a licence under the 1964 Act.

The 1925 Performing Animals Act requires anyone who trains or exhibits a performing animal to register with their local authority. It does not however apply to livery services.

The Welfare of Animals (Transport) (Scotland) Order 2006 sets out the requirements for transporting an animal.

The Animal Health and Welfare (Scotland) Act 2006 sets out some key animal welfare needs applicable to all animals in Scotland including—

(a) its need for a suitable environment;

(b) its need for a suitable diet;

(c) its need to be able to exhibit normal behaviour patterns;

(d) any need it has to be housed with, or apart from, other animals;

(e) its need to be protected from suffering, injury and disease.

The Scottish Government, equine stakeholders and key animal welfare organisations consider that focused statutory safeguards are required to ensure that livery services are delivered to agreed minimum standards to better protect equine welfare and the users of such services. Why we consider this is discussed below.

What are livery services?

Livery services are generally sought out and used by horse/equine owners who do not have the space or means to care for their animal at home. The type of livery services offered to equine owners in Scotland can vary considerably. Examples of the different types of livery are presented below.

Grass livery: Grass livery is where horses and equines are kept in a field or 'at grass' individually or as part of a group. The animal owner handles all care and feeding. This type of livery often requires the owner to attend to their animal every day, to ensure there has been no injury or illness. Some livery yards may offer regular checks as part of the agreement.

DIY stabled livery: A stable in which to keep equines alongside a field or paddock. The equine owner is responsible for all care and feeding, including mucking out, turning the equine out of the stables, and bringing their equine back into the stables. Bedding and hay are often not included, and the owner must buy these separately. Some livery yards may offer DIY stabled livery at a higher price with bedding and hay included. This type of livery requires the horse owner to attend to the horse in the morning and evening.

Part livery: Like a DIY stabled livery, but the day-to-day care of the equine is shared by the owner and livery yard staff. The care routine will vary from yard to yard. For example, some livery yards may offer staff care during the week, with the equine owner taking responsibility at the weekends. Whilst others may offer staff care in the mornings with the equine owner responsible for the evening care. Some livery yards may include exercising services. This type of livery is ideal for owners whose work schedule makes it difficult for them to attend to their equine twice a day, 7 days a week.

Full livery: A stable, field, bedding, hay and feeding services are all provided. Livery yard staff are onsite and responsible for all care including mucking out, turning the equine out of the stables, and bringing their equine in back into the stables daily. Some yards offering a full livery service may also include exercising services. This type of livery is ideal for equine owners who are unable to provide the daily time commitment to care for their equines.

School/breaking livery: A livery, grass or stabled with livery yard staff responsible for all the equines daily care. These types of livery yards also include schooling or training services, usually for 5-6 days of the week.

Working livery: Livery yards operating as a riding school sometimes offer a working livery. The horse is kept at livery, grass, DIY stabled, part, or full livery but a reduced rate is charged in exchange for the equine owner allowing the livery yard to use their equine in services such as trekking and riding lessons.

Examples of Livery in Scotland (British Horse Society, 2022)

Key animal welfare concerns associated with livery services

The standard of livery services varies considerably. Many providers of livery services operate to high standards and strive to provide a high level of service to clients. However, this is not always the case and, due to the lack of targeted regulation and accountability, complaints and concerns relating to poor service, sub-standard equine care and poor facilities are not uncommon. Some of the equine welfare concerns associated with livery services include—

• Sub-standard accommodation: Horses need access to adequate and appropriate accommodation, including sufficient space, shelter, ventilation, and lighting. Without proper accommodation, horses can suffer from stress, injury, and illness.
• Poor quality feed or inadequate feeding: Horses require a balanced and nutritious diet that meets their individual needs. Inadequate or inappropriate feeding can lead to malnutrition, obesity, colic, and other health problems.
• Lack of exercise: Horses need regular exercise to maintain their physical and mental health. Lack of exercise can result in boredom, obesity, and behavioural problems.
• Poor healthcare: Horses require regular veterinary and farrier care to prevent and treat illness and injury. Failure to provide appropriate healthcare can result in unnecessary suffering and potentially life-threatening conditions.
• Lack of socialization: Horses are, in the main, social animals and require contact with other horses to maintain their mental and emotional well-being. Isolation or inadequate socialization can lead to stress, anxiety, and behavioural problems.

Between 2018 and 2022 the World Horse Welfare and the British Horse Society collated data on reported livery based welfare concerns. The GB-wide data collected is summarised in the table below.

Licensing rules regarding livery services will, if implemented, set out clear animal welfare standards that licence holders would need to comply with. Whilst not an exhaustive list we believe that some of the key benefits of statutory licensing include—

• Improved living conditions: Service providers would need to ensure that their facilities meet minimum standards for accommodation, including adequate space, ventilation, and lighting, as well as appropriate shelter and turnout areas. This would help ensure that horses are kept in a safe and comfortable environment that meets their physical and psychological needs.
• Better quality of care: Livery services that are licensed would be required to provide appropriate levels of nutrition, veterinary care, and farriery services to their horses in accordance with the arrangements in place with clients using their services. This would help ensure that horses receive the care they need to maintain their health and well-being, reducing the risk of illness, injury, and chronic conditions.
• Enhanced exercise and socialization opportunities: Where appropriate, livery businesses would be required to provide appropriate opportunities for exercise and socialization, including access to turnout areas and facilities for riding, training, and other activities. This would help ensure that horses have opportunities to express natural behaviours, reduce boredom and stress, and maintain their physical fitness and mental well-being.
• Improved safety: Livery premises that are licensed would be required to ensure that their facilities meet certain standards in relation to safe fencing, secure gates, and well-maintained equipment. This would help reduce the risk of injury to horses and people and ensure that any accidents or emergencies are recorded, reported and managed appropriately.
• Greater accountability and transparency: Livery premises that are licensed would be subject to regular inspections and would be required to keep detailed records of the horses kept at their facilities and details of the owners. This would provide a greater level of accountability and transparency, making it easier to identify and address welfare concerns and ensure that horses receive appropriate care.

In summary, statutory licensing of livery services in Scotland would help ensure that horses are kept in safe and appropriate conditions, receive the care they need to maintain their health and well-being, and have opportunities to express natural behaviours and socialize with other horses. This would help promote the welfare of horses and provide assurance to owners that their animals are being cared for appropriately.

Licensing of livery services in Scotland could also help address situations where an owner stops caring for their horse and can no longer be contacted. Examples of how licensing could help in such circumstances include—

• Inspections: Licensed livery businesses could be subject to periodic inspections by an inspector of the licensing authority at reasonable times. During these inspections, the conditions in which horses are kept would be assessed, and any concerns about a particular equine could be raised with follow-up action as necessary.
• Record keeping: Livery service providers would be required to keep detailed records of the horses they keep, including the details of the owners, the dates of arrival and departure, and any medical or veterinary treatment provided. This would make it easier to track down owners who have stopped caring for their animals and to provide information to the relevant authorities where necessary.
• Collaboration: Licensed livery could collaborate with other organisations, such as horse welfare charities, to help ensure the welfare of abandoned horses is protected. This could include providing temporary accommodation for horses in distress, liaising with veterinary practices to provide care for animals in need, and supporting owners who are struggling to care for their animals.
• Accountability: Livery services already have certain responsibilities under the 2006 Act. Licensed livery services could be required to take certain steps in the event that the owner stops caring for the animal and cannot be contacted. This could include contacting the relevant authorities, such as the Scottish SPCA, to report concerns and seek advice.

Requirements of future licensing scheme

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

• Require any person wishing to operate or already offering livery services in the course of a business to be licensed by the licensing authority (this would be the local authority). Livery premises 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 an 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 the power 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.
• 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 the livery yard 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 support the proposal to introduce statutory licensing for operators of livery yards?

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. Should licensing apply to all livery services, regardless of type or scale?

Yes / No / Not sure

Please explain your answer.

Q4. Are there any further controls or measures, beyond those set out above, that you would like to see introduced as part of a licensing scheme for operators of livery yards?

Q5. Do you know of any challenges or negative consequences that may arise from the introduction of statutory licensing for livery yards? If yes, what are they and how best could these be addressed?

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.