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.