Zoo Licence Legislation
What is a Zoo?
A zoo is a place where wild animals are kept and the public can
visit for more than 7 days in a 12 month period. Wild animals are
those that are not normally domesticated in Great Britain. It would
include animals that have come from abroad and
animals/birds/reptiles that are wild in this country.
What do I do if I want to run a Zoo?
STEP ONE Need to notify of your intent to apply for a zoo
licence.
Two months before you make a licence application a notice of
intent should be published in one local and one national newspaper,
at the site and sent to the local authority where it will be made
available for public inspection. It must state:
- The location of the zoo
- The kinds of animals to be kept, in taxonomic
category of order
- The arrangements made for the animals'
accommodation, maintenance and well being
- The approximate number and categories of staff
employed or to be employed at the zoo
- The approximate number of visitors and motor
vehicle accommodation is provided for
- The approximate number and position of the means
of access provided or to be provided to the premises
- Allerdale Borough Council can provide forms
STEP TWO You need to formally apply for a licence.
An application form is available from the Council. The
application form must be accompanied by the appropriate fee. This
fee does not cover veterinary charges which will be charged at a
later date.
STEP THREE Determination of licence.
(a) Allerdale Borough Council shall take into account
representations made by:
- Applicant
- Chief Officer of Police
- Fire Officer
- Governing Body of any national institution
concerned with the operations of zoos
- Planning authority if not local authority
- Any person alleging establishment or continuance
of a zoo would injuriously affect health and safety of persons
living in the neighbourhood of the zoo
(b) Allerdale Borough Council will consider any reports made by
an inspector who has inspected the zoo. If there has been no
inspection (which might be the case for a new zoo), the authority
will consult such persons as the Secretary of State nominates.
STEP FOUR The authority may approve or refuse the
application.
1. If the licence is approved:-
The licence will be sent in the post.
The licence must be publicly displayed at the entrance to the
zoo.
2. Refusal of the licence:
Allerdale Borough Council SHALL REFUSE if:
- The authority is satisfied establishment or
continuance of zoo would injuriously affect the health and safety
of persons living in the neighbourhood of the zoo, or
- Seriously affect the preservation of law and
order.
MAY REFUSE:
- If standards of accommodation, staffing or
management are not adequate for proper care and well being of the
animals.
- If applicant, director/manager secretary (of a
body corporate), keeper of zoo has been convicted for ill treatment
of animals.
- If planning permission for the zoo has not been
granted the authority can refuse or defer the decision.
Allerdale Borough Council will send written statement of refusal
to the applicant by post.
STEP FIVE Conditions that may be attached to the licence.
They MAY STATE:
- The precautions to be taken against escape of
animals and steps to be taken in the event of any escape or
unauthorised release.
- The records to be kept of numbers of different
animals acquisitions, births, deaths, disposals or escapes and the
cause of any such death and of the health of animals.
- Insurance against liability for damage caused by
animals.
- Any other matter that the Secretary of State may
decide.
- The condition shall not relate primarily to
health, safety or welfare of persons working in the zoo.
STEP SIX How long will the licence last?
1. A new licence will be granted for 4 years from the date on
the licence.
2. If the licence is a renewal it will be 6 years from the end
of existing licence.
What inspections will be undertaken?
There are 3 types of inspection:
Periodic, Special and Informal
Periodic inspections
These are undertaken when a licence is in existence.
The authority will discuss with the operator about the
inspection and give 28 days notice of the inspection.
Inspections will be undertaken:-
(a) For a new licence. Once during the first year and the second
not later than 6 months before the end of year 4.
(b) For a renewed licence or fresh licence granted to the holder
of an existing licence. Once during the third year and the second
not later than 6 months before the end of year 6.
Who will carry out the inspections?
Three (3) inspectors appointed by the local authority who appear
competent, including 1 vet and 2 inspectors nominated after
consultation with the Secretary of State. (A zoo operator may ask
for this number to be reduced.)
The zoo operator is notified of the names of the inspectors. The
zoo operator can object to the local authority about any of the
inspections. This objection may be upheld by the authority or the
Secretary of State.
The zoo operator can have up to 3 representatives present, one
of these might have to be the zoo's vet.
The inspectors will look at:
- Health, welfare and safety of public and animals
including measures for prevention of escape, and the records kept
under any site condition.
- The report will be sent to the local authority
who will notify the zoo operator of any recommendations within one
month. The operator will be allowed to comment on the
recommendations.
Special inspections
May be undertaken by the local authority if it considers it
necessary to do so because of:-
- A periodical report.
- Any representations made to local authority or
on behalf of a properly constituted body concerned with any aspect
of the zoo management or its animal welfare.
- An informal inspection.
- Any other circumstances which will call for an
investigation.
The inspection will be by:-
- A Person or persons who appear to the local
authority to be competent and who are authorised by the local
authority to do so.
- If it relates to the health of animals it must
be a vet with experience of animals kept in a zoo.
- Local authority must communicate to the
inspector and the operator the purpose and scope of the
inspection.
Informal inspections
These are once in any calendar year where NO other inspection
has been made and by an appointed person from this Council.
Dispensations
1. A local authority can request the Secretary of State that due
to the small size of the zoo or the small number of animal types
kept there, to direct that the Act does not apply or that it is not
necessary for periodical and special inspections to be carried
out.
The Secretary of State may, after consulting such persons as he
thinks fit, determine if these dispensations may be allowed.
2. The operator of the zoo may request the Secretary of State to
reduce the number of inspectors for periodical inspections having
regard to the size of the zoo or the small number of animals kept
there.
The Secretary of State may nominate the persons to inspect the
zoo, if so the operator's right to object shall not apply.
This may be reviewed by the Secretary of State.
Renewal of a licence
An application for renewal must be made not later than six
months before the end of the period of the licence, accompanied by
the set fee.
The local authority may either:-
- Extend time period of the existing licence;
or
- Direct the applicant to apply for a fresh
licence
Transfer of the licence to another person is possible, subject
to certain conditions.
Enforcement
The local authority has various powers to alter or revoke a zoo
licence.
Appeal
Applicant has right to appeal within 21 days.