Animal Licensing Policy

The “Primate Licence Regulations” cover all species of non-human primates kept privately. They are made under section 13 of the Animal Welfare Act 2006 as are the Animal Welfare (Licensing of Activities Involving Animals)(England) Regulations 2018 (“LAIA”).

The Regulations include a schedule of mandatory licence conditions setting out minimum welfare standards that keepers of primates will be required to meet.

By 6th April 2026 it will be a legal requirement for all private primate keepers to hold a licence under these Regulations. Failure to do so will be an offence under section 13 of the Animal Welfare Act 2006.

It should be noted that the Primate Licence Regulations do not apply to primates kept under either a zoo licence or an Animals (Scientific Procedures) Act 1986 licence. However, those individuals who currently keep primates under a Dangerous Wild Animals Licence, and/or a licence under the LAIA Regulations will be required to hold a primate licence in addition to any other licence.

DEFRA has issued statutory procedural guidance and specific statutory guidance covering the licence conditions set out in the Primate Licence Regulations. This guidance can be viewed on the Gov.uk website:

• Licensing process for keeping primates
• Licence conditions for primate keepers (Schedule 1)
• Callitrichids: licence conditions for keepers (Annex A)

The Council is required to have regard to this statutory guidance when carrying out their functions in relation to licences issued under the Primate Licence Regulations.

The Council also has an expectation that all applicants for a primate licence will familiarise themselves with the statutory guidance as part of demonstrating their knowledge and ability to comply with licence conditions.

Primate Licences will normally be issued for a period of 3 years.

Applicants may specify a shorter period of licence in their application but will be expected to give their reason for this request (for example to align with an expiry date of a DWA or LAIA licence).

Applicants must complete the Council’s application form which can be downloaded from the Council’s website here

On receipt of a valid application, consisting of a completed and signed form and the required application fee, arrangements will be made for an inspection to be carried out by the Council’s appointed inspector who must be a “suitable person” as specified in the Regulations. Where this appointed inspector is a vet, they will normally be accompanied by a Council officer.

The cost of any veterinary inspection will be the responsibility of the applicant/licence holder and charged in addition to the licence fee. If additional vet inspections are felt to be necessary they will also be carried out at the applicant/licence holder’s expense. Where appropriate, this will be discussed with the licence holder prior to any additional inspection taking place.

Applicants will be required to provide evidence of a Disclosure and Barring Service (DBS) check (or “basic disclosure”), the certificate must be no more than two months old at the time of application.

Where possible, officers will make a decision within 10 weeks of receiving a valid application. However, this timescale can be affected should further information be required from an applicant or if there are difficulties in arranging an inspection, for example when this requires a vet or the applicant is not available for the scheduled appointment.

Renewals

The date by which licence holders must submit their renewal application will be specified on the primate licence. This is to ensure adequate time to determine the renewal application before the expiry date of the current licence.

An application for a licence cannot be made by an individual who is under the age of 18 or who is disqualified from keeping primates under any of the following:

• Section 34 of the Animal Welfare Act 2006
• Section 40(1) of the Animal Health and Welfare (Scotland) Act 2006, or
• Section 33(1) of the Welfare of Animals Act (Northern Ireland) 2011

Prior to granting a licence the Council must be satisfied that licence conditions are likely to be met. When determining the applicant’s suitability to be granted a new or renewed licence, the following factors will be taken into consideration:

• The applicant’s ability to comply with the mandatory licence conditions specified in the Primate Licence Regulations and ability to provide adequate welfare standards for the animals in their care. This will have been assessed during the inspection process and will be set out in the inspector’s report.
• The applicant’s understanding of the relevant legislation and statutory or best practice guidance.
• The applicant’s demonstrable experience caring for the species of primate they wish to be licensed to keep.
• Compliance history, either with this Council or another Local Authority (where known), for any type of licence.
• Where applicable, evidence of suitable staffing levels and training to ensure appropriate standards of care for the primates being kept.
• Any history of relevant criminal or unacceptable behaviour. This will include convictions for offences under the Animal Welfare Act relating to other types of animal and any associated disqualification.
• Information provided by external stakeholders such as RSPCA or vet practices. Examples of this might be veterinary records for the primates being kept or a history of animal welfare concerns.

This does not limit the scope of the assessment and the Council may take into account other matters, should they be considered as relevant to the licensing process.

All new and renewal applications will require an inspection by a Council appointed inspector prior to determining the application. Primate keepers will also be subject to at least one inspection during the term of their licence in order to check compliance with licence conditions, unless the licence was granted for a period of less than one year.

Additional inspections may also be carried out as appropriate, for example where non compliance is suspected, to determine an application to vary a licence, or to check compliance with a rectification notice. These inspections will incur additional fees.

An appointed Council inspector has power of entry into a licensed premises as set out under Section 26 of The Animal Welfare Act 2006 . Failure to grant access for an inspection may lead to the variation or revocation of the licence.

It is an offence for the licence holder to breach any licence condition.

Where the Council finds evidence that a licence holder is failing to meet any licence conditions they may choose to issue a rectification notice requiring the licence holder to make improvements.

The notice will identify which licence conditions are not being met, set out the actions to be taken by the licence holder to comply with the licence condition/s and will specify a timeframe for these actions to be completed.

The Council cannot bring proceedings for non compliance with licence conditions before the end of the rectification period set out in the notice, or if actions specified in the notice are completed.

The Council may extend the rectification period as long as it does not exceed 2 years.

If a licence holder fails to take the appropriate actions as set out in the rectification notice within the required timeframe, then their licence may be varied or revoked.

Under the Primate Licence Regulations a licence holder may apply to vary a licence in order to:

• Reduce or increase the number of primates of any species that may be kept under the licence.
• Add or remove a species of primate from their licence.
• Change the premises specified in the licence to another premises in Buckinghamshire Council’s area.

The Council also have the power to vary a licence if it are satisfied that a licence holder has failed to comply with a licence condition, refused access for an inspection, failed to pay any fee associated with the licence or has failed to take steps specified in a rectification notice. Steps may include:

• Reducing the number of primates of any species specified on the licence
• Remove a species of primate that is specified on the licence.

The Primate Licence Regulations state that the Council must revoke a licence if the licence holder is convicted of an offence under the Animal Welfare Act 2006.

In addition, if the Council are satisfied that a licence holder has failed to comply with a licence condition, refused access for an inspection, failed to pay any fee associated with the licence or has failed to take steps specified in a rectification notice, then the Council may revoke the primate licence.

Applicants and licence holders can challenge a Council decision to refuse the grant or renewal of a primate licence, decisions to refuse an application to vary or surrender a licence, the issuing of a rectification notice, or the decision to revoke or vary a licence under Regulation 16 of the Primate Licence Regulations.

Any applicant or licence holder wanting a Council decision to be reconsidered must make written representation setting out their case within 28 days, starting on the day on which the applicant or licence holder was first notified of the Council’s decision. This should be sent to the licensing service and can be by letter or email to [email protected].

Where a written request is received, the decision will be reconsidered by a senior officer authorised to review primate licence decisions under the Council’s scheme of delegations. The senior officer will have had no previous involvement in the decision that is being reconsidered. The senior officer determining the appeal will decide if a further visit to the premises is required. This decision will be based on the information provided by the operator as part of their appeal, all records relating to the inspection, including report, photographs and correspondence and any past records relating to the licence.

Where it is considered necessary to carry out another visit in order to reconsider a decision, the cost of this will be borne by the applicant/licence holder unless the initial decision is reversed.

Where possible, a decision will be provided to the operator in writing within 28 days from the date the representation was received. If this is not possible (for example, due to an inspection being required), the applicant/licence holder will be kept informed.

An appeal can be made to a first tier tribunal if the applicant/licence holder does not agree with the Council’s decision following its reconsideration. This must be done within 28 days, starting with the day on which they were notified of the Council’s final decision.