Licensing of activities involving animals: consultation

Part 8 Licensing of riding establishments and wider equine activities

In Scotland, the keeping of a riding establishment requires a licence under the Riding Establishments Act 1964 ("the 1964 Act"). The 1964 Act defines the keeping of a riding establishment as the carrying on of a business of keeping horses to be let out on hire for riding and/or a business of providing riding instruction in return for payment The provisions of the 1964 Act are enforced by the local authorities.

The current requirements of the 1964 Act (as supplemented and amended by the Riding Establishments Act 1970) include the following:

• The 1964 Act requires that any person who keeps a riding establishment must be licensed by the local authority. A licence cannot be issued under the 1964 Act unless the local authority has obtained and considered a report by a veterinary surgeon, or veterinary practitioner authorised to carry out inspections. A licence granted runs for up to one year and an inspection is required prior to the issue of new licence.
• The 1964 Act sets out a number of matters in relation the which the local authority must have regard when determining whether to grant a licence. These considerations relate to the accommodation of horses, their diet and exercise, the suitability and qualifications of the applicant, equine care and disease control plans.
• The 1964 Act sets out five licence conditions that automatically apply upon grant of a licence. These include conditions relating to return to work of horses that have been found on inspection to require veterinary attention, the age of supervisors, personal injury insurance and record keeping in relation to young horses.

Whilst the 1964 Act delivers some degree of statutory control over riding establishments and delivers accountability where equine welfare is compromised, it is dated and inflexible legislation. The Scottish Government therefore proposes to revoke the 1964 Act and introduce new licensing requirements for riding establishments in Scotland that will be delivered through the same framework as the Animal Welfare (Licensing of Activities Involving Animals) (Scotland) Regulations 2021. Extending statutory licensing beyond riding establishments to a number of currently unregulated equine activities in order to safeguard the welfare of equines is also being considered. The rationale for these proposed changes is presented below.

The case for updating the 1964 Act

Key inadequacies of the 1964 Act relate, in particular, to the way in which licences can be administered and enforced by the licensing authority. For example, under current controls—

• licences can only be granted for a period of up to 12 months, with no flexibility to grant licences of longer duration to consistently compliant licence holders operating to high standards of animal welfare. Under the 2021 licensing framework the licensing authority has the flexibility of granting licences of 1 to 3 years duration. This not only reduces the administrative burden on the licensing authority but can act as an incentive to licence holders to operate to higher standards due to the cost savings.
• there is no provision in the 1964 Act to allow the licensing authority to revoke, vary, suspend, or amend any licence granted. In addition, licences can only be cancelled by a Court and only in circumstances where the person concerned has been found guilty of an offence under the 1964 Act or the other enactments specified in section 4(3) of the 1964 Act. Under the 2021 licensing framework the licensing authority would gain flexibility to vary any licence granted with, or without, the consent of the licence holder and be able to suspend or revoke licences depending on the circumstances. The 2021 licensing framework does of course provide for an appeals mechanism for persons aggrieved by a decision made by the licensing authority.
• the mandatory licence conditions are basic and do not in themselves make comprehensive provision. Licensing authorities are not required to impose particular licence conditions in relation to the matters listed in section 1(4), leaving scope for lack of consistency in regulation and enforcement. The Scottish Government's view is that the 2021 licensing framework provides the most robust and appropriate mechanism for the licensing of riding establishments, where detailed and specific conditions of licence can be clearly set out, thereby ensuring a consistent and equitable approach, easily understood by both the licensing authority and licence holder.

Potential benefits of moving to a modern licensing system for riding establishments

• Increased clarity and consistency: A modern licensing system would provide a clear and consistent framework for riding establishments on what is expected of them in terms of animal welfare, health and safety, facilities and other important factors. This would make it easier for establishments to understand their responsibilities and would help ensure that all establishments are held to the same standards.
• Scope to cover other equine activities: Presently, the 1964 Act is limited in terms of its scope in that it only covers horses kept for the purpose of hiring them out for riding purposes or, in return for payment, using horses for providing instruction in riding. Introduction of a modern licensing system would allow other equine riding or equine interactive activities to be licensed in order to protect the welfare of the equines used in such activities, as well as introducing health and safety protection for those undertaking the activity. Due to a lack of regulatory control, many equines are currently used commercially with only limited regulation in place to ensure their welfare (e.g. the provisions in the Animal Health and Welfare (Scotland) Act 2006). Equines are used for 'hire and reward' beyond that of just riding, and the omission of these other activities in legislation has led to a huge growth in 'under the radar' equine hire across Scotland. Appropriate oversight and accountability for those offering such services will help to ensure animal welfare is adequately safeguarded.
• Improved equine welfare: A modern licensing system would set and require higher standards of animal welfare than the existing system and would help ensure that horses in riding establishments or used elsewhere in other activities are kept in safe and appropriate conditions, receive appropriate care and nutrition, and have opportunities to express natural behaviors. Specifically, some key equine benefits and protections include—
  • Improved safety: Riding schools would be required to ensure that their facilities meet health and safety standards, including safe fencing, secure gates, and well-maintained equipment. In addition, they would need to ensure that their horses are well-trained and suitable for riders of different levels of experience. This would help reduce the risk of accidents and injuries to both horses and riders.
  • Better quality of care: Riding schools would be required to provide appropriate levels of nutrition, veterinary care, and farrier services to their horses. 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: Riding schools 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.
  • Increased training and qualifications for staff: Riding schools would be required to ensure that their staff have appropriate training and qualifications to work with horses and riders. This would help ensure that horses and riders receive the best possible care and instruction, and that staff are able to identify and address any welfare concerns that may arise.
  • Greater accountability and transparency: Riding schools would be subject to regular inspections and would be required to keep detailed records of their horses and their care. This would provide a greater level of accountability and transparency, making it easier to identify and address welfare concerns and ensure that horses are receiving appropriate care.
• Enhanced accountability and transparency: A modern licensing system would likely include regular inspections and reviews of riding establishments, as well as requirements for detailed record-keeping and reporting. This would provide greater accountability and transparency, making it easier to identify and address welfare concerns and ensuring that establishments are operating in a responsible and ethical manner.
• Increased public trust: By introducing a modern licensing system, riding establishments would have opportunity to demonstrate their commitment to animal welfare and responsible business practices, which could help increase public trust and confidence in the equine sector.

Overall, a modern licensing framework for equine riding establishments in Scotland would help promote the welfare of horses by ensuring that they 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. In addition, it would provide assurance to riders that they are receiving safe and high-quality instruction, and that the welfare of the horses is being prioritised.

Identified/common equine welfare concerns associated with riding establishments

It is recognised that the majority of people operating riding establishments do so because they are passionate about riding and care deeply for the equines in their care. Like any sector, however, complaints and concerns do arise. The most common complaints that arise in respect to riding establishments include—

• poor horse management practices, including inadequate nutrition, lack of access to fresh water, lack of veterinary care, lack of adequate exercise or turnout time, and overcrowding,
• unsuitable horse and rider pairing, such as riders given horses that are too advanced or too difficult for their level of experience, or horses ridden by individuals who are too heavy or too tall for the horse,
• overworking horses, such as using horses for long periods of time without adequate rest or recovery time or using horses in multiple lessons or activities per day without proper conditioning or preparation,
• inadequate equine health and safety protocols, including lack of disease control measures, lack of proper biosecurity protocols, or lack of proper quarantine procedures,
• inadequate training or supervision, including lack of supervision or instruction during riding sessions, lack of proper training or qualification for staff members, and lack of clear safety protocols or emergency procedures,
• unsafe facilities or equipment, such as poorly maintained riding arenas, unstable or unsafe fencing, and poorly fitted or unsafe tack and equipment,
• lack of communication or transparency, including failure to communicate with clients about changes in schedule, horse health concerns, or any accidents or incidents that occur on the premises.

Many of these issues can lead to both welfare concerns and client complaints. For example, overworking horses could lead to injury or illness, which are clearly equine welfare concerns, but it could also lead to dissatisfied clients who feel that their horse is not receiving adequate care or attention. Ensuring adequate training and that a qualified individual is present for any specific activities, will ensure a positive outcome for both equines and clients alike.

How would moving to a modern licensing framework address equine welfare and client/user concerns?

Statutory licensing has the potential to help address the issues set out above and improve equine welfare in riding establishments as—

• it would set clear standards for equine welfare, with benefits also arising for riders. This would make it easier for riding establishments to understand their responsibilities and would help ensure that all establishments are held to the same standards. Clear standards would also make it easier for authorised inspectors to assess compliance and for clients to understand what to expect from a licensed riding establishment.
• it would involve inspections of riding establishments to ensure that they meet the standards set out in the licensing requirements. Inspections could help identify potential welfare issues and ensure that they are addressed promptly.
• it would require riding establishments to keep detailed records and to report any accidents or incidents to the relevant authorities. This would increase transparency and accountability, making it easier and quicker to identify and address concerns.
• it would require operators of riding establishments to employ qualified staff members and/or provide appropriate training and supervision. This would promote professionalism in the equine industry and would help ensure that horses are handled and ridden by knowledgeable and skilled individuals.
• it would establish consequences for riding establishments that do not meet the licensing requirements. This could include fines, suspension or revocation of the licence, or other penalties. These consequences would create a strong incentive for riding establishments to prioritise equine welfare and rider safety.

Overall, statutory licensing has the potential to improve equine welfare in riding establishments by establishing clear standards, promoting transparency and ensuring full accountability. By ensuring that all riding establishments meet high standards for animal welfare and rider safety, statutory licensing would help ensure that horses in Scotland are treated with care and respect.

Extending statutory licensing to other equine activities

Current licensing legislation in Scotland covering equine riding establishments, fails to capture other equine riding activities or so-called equine interactions such as donkey hire, donkey riding, pony parties etc. This raises a number of animal welfare and safety concerns due to the lack of targeted regulation, oversight and accountability.

For example, in the case of donkey hire and donkey riding, concerns include the suitability of the animals for the work being asked of them, the potential for overworking or overheating, and the quality of overall care provided to the animals while working and resting. Similarly, pony parties and other events that involve interaction with horses and ponies with young and uneducated members of the public. This could place animals in a potentially stressful or unsuitable environment and there are concerns over the level of supervision and control provided by handlers at such events.

Some specific examples of where equine welfare may be compromised include:

• Overworking or overloading of animals:Horses, ponies, and donkeys used for pony parties and donkey rides may be worked beyond their physical limits, particularly if they are used for long hours or multiple events in a day. This can lead to exhaustion, dehydration, and other health problems.
• Unsuitable conditions:Animals may be kept in unsuitable or inadequate conditions, such as small enclosures or areas with poor footing. They may also be exposed to extreme weather conditions, which can impact their health and welfare.
• Lack of adequate care:Animals may not receive adequate care, including proper nutrition, hydration, and medical attention. This can lead to a range of health problems, such as lameness, colic, and other conditions.
• Lack of training and supervision: Animals used for pony parties and donkey rides may not be properly trained or supervised, or they may simply not be suitable due to their temperament for such work, which can pose risks to both animals and participants.

Common client complaints linked to other equine riding/interactive activities include:

• Poor or compromised animal welfare: Concerns about the welfare of animals used for these activities are often raised by members of the public, particularly if they observe animals that appear to be unwell or are being mistreated.
• Safety issues: Participants may raise concerns about safety, particularly if they have had negative experiences with animals that are not properly trained or supervised.
• Unprofessional conduct: Complaints about the conduct of operators or handlers, particularly if they are perceived to be unprofessional or rude.
• Misleading advertising: Some complaints may be related to misleading advertising or misrepresentation of the activities on offer, particularly if participants feel that they were not adequately informed about what they would be doing or what to expect.

Extending licensing to these and similar activities could help address these concerns by establishing clear statutory standards and requirements for animal care and welfare and by ensuring that operators of these types of activities are held accountable for meeting those standards. Licensing could also help to promote transparency and wider accountability, making it easier for concerned individuals to identify and report any issues that they observe. Operating under the 2021 licensing framework, the licensing authority would have a clear and robust enforcement framework to act on any concerns raised.

Moving to a modern licensing framework to licence riding establishments and other equine activities in Scotland would have a range of benefits for equine welfare, as well as rider/public safety, and industry accountability. Licensing would help establish clear and consistent standards for riding establishments and providers of other equine activities, while also demonstrating the equine sector's commitment to responsible equine care and business practices.

Consultation questions

Q1. Do you support the proposal to revoke the 1964 Act and bring riding establishments under the scope of 2021 licensing framework instead?

Yes / No / Not sure

Please explain the reasons for your answer.

Q2. Do you support the proposal to extend statutory licensing to other riding/equine activities such as those discussed above (donkey hire, pony parties etc)?

Yes / No / Not sure

Please explain the reason for your answer.

Q3. If riding establishments and other equine activities were in future regulated under the 2021 licensing framework, what conditions of licence would you support or like to see included?

Q4. The 2021 licensing framework, to which we propose to add riding establishments, allows for licences to be granted for a period of 1 to 3 years duration, depending on assessed risk. Do you agree that local authorities should be able to licence riding establishments that operate to consistently demonstrable high standards for periods of more than 1 year?

Yes / No / Not sure

Please explain the reasons for your answer.

Q5. Do you think there should be any exemptions from the licensing system for certain types of equine activities or businesses, and if so, which ones and why?

Q6. Do you know of any challenges or negative consequences that may arise from revoking the 1964 Act and licensing instead under the 2021 licensing framework? If yes, what are they and how best could these be addressed?

Q7. What other measures do you think could be taken to improve equine welfare in Scotland, and how could they be integrated into a modern licensing system for equine activities?

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.