Animal Licensing Policy

The Dangerous Wild Animals Act 1976 (as amended) dictates that a licence is required where an individual or a business wishes to keep an animal included on the Schedule of Dangerous Wild Animals which forms part of the Act. It is an offence for a person to keep a dangerous wild animal without first obtaining a licence from the Council.

The DWA Act applies to business enterprises such as an ostrich farm, however, it does not apply to dangerous wild animals kept in a zoo. The legislation also applies to all individuals that wish to keep a dangerous wild animal at home.

The schedule of animals associated with this Act has been updated on a number of occasions via secondary legislation. The species of animals currently included on the schedule can be seen here: https://www.legislation.gov.uk/uksi/2007/2465/schedule/made

It is noted that The Wild Animals in Circuses Act 2019 banned the exhibition of wild animals or use of them in travelling circuses in England.

In accordance with The Legislative Reform (Dangerous Wild Animals) (Licensing) Order 2010, licences may be granted for a maximum two years.

Applications must be made by an individual. A form can be downloaded from the Council’s website here:

https://www.buckinghamshire.gov.uk/business/business-licences-and-permits/animal- licences/apply-for-a-dangerous-wild-animal-licence/

Following receipt of a valid application, consisting of a completed and signed form and the required application fee, an independent veterinary inspection of the animals and premises is required. The vet will normally be accompanied by a Council inspector. The Council will authorise a vet who has suitable experience with dangerous wild animals.

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. This will be discussed with the licence holder prior to any additional inspection taking place.

Applicants will also 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.

In accordance with the DWA Act, the Council will not grant a licence unless it is satisfied that the applicant is a suitable person to hold a licence and that other specific criteria are met relating to public safety, animal welfare and public nuisance:

Applicants must demonstrate:

• That they both own and possess or intend to own and possess the animals the licence will relate to (unless the Council has determined that exceptional circumstances apply)
• That they have adequate knowledge and expertise with the species they intend to keep under the licence and can show how they will ensure that the animals needs will be met.
• That they can provide suitable accommodation for the animals kept under the licence, in line with any best practice guidance and recommendations from the inspecting vet’s report.
• That they have suitable liability insurance in place, covering the keeper and any other person specified on the licence. This insurance must cover any damage caused by the species of animals specified on the licence.
• That risk assessments have been carried out and procedures put in place to protect animals covered by the licence from fire or any other emergency. This should include how animals would be safely evacuated and actions taken to recover an animal should it escape from its enclosure, ensuring their safety and the safety of the public.
• That they have reasonable precautions in place to prevent and control the spread of infectious diseases.
• That they have consent from the property freeholder, if not the applicant, to keep the animals specified on the licence.
• That the appropriate planning permission is in place if necessary.
• Where venomous species are kept, that adequate steps have been taken to ensure suitable availability of antivenom (where applicable).
• That they are registered with a vet who can provide suitable veterinary care for the species of animals they intend to keep
• That they have not been disqualified under this Act from keeping any dangerous wild animal

A licence will not be issued where the veterinary surgeon recommends refusal.

Whilst licences are granted under the Dangerous Wild Animals Act 1976, the Council will also refer to the Animal Welfare Act 2006 and any best practice guidance relating to individual species to ensure compliance and good standards of animal welfare.

All DWA licences will include standard conditions set by the Council, they may also include specific conditions relating to the premises where the animal(s) are usually kept or species of animals kept, meaning that licence conditions will vary between different premises.

The Council’s standard DWA conditions are shown in Appendix 2 Offences are committed under the Act if

• A person keeps any dangerous wild animal without a licence.
• fails to comply with or contravene a licence condition, unless the licence holder can prove that they took all reasonable precautions and exercised all due diligence to avoid this happening.
• Wilfully delays or obstructs any person in the exercise of his right of entry or inspection.

The offences carry an unlimited fine in the magistrates court.

Should an applicant wish to appeal the refusal to grant a licence or if they do not agree with a licence condition which has been imposed or varied or removed they may appeal to the magistrates court. Any appeal must be brought within 21 days from the date of service of the decision by the Council.