Animal Licensing Policy

A licence is required for an establishment where wild animals are kept for exhibition to which members of the public have access, with or without charge for admission, on seven or more days in any period of twelve consecutive months. The wide scope of this definition means that licensed zoos can range from a traditional urban zoo or safari park to a small specialist collection such as an aviary or butterfly collection.

Government guidance on the Act can be found on the Gov.uk website here:

https://www.gov.uk/government/publications/zoo-licensing-act-1981-guide-to-the-act-s-provisions

A licensed zoo must be able to demonstrate compliance with a broad range of issues, including but not limited to, feeding, environment, conservation/education and public safety.

How this can be achieved is set out in detail in the Secretary of States Standards of Modern Zoo practice, also available from the Gov.uk website:

https://www.gov.uk/government/publications/secretary-of-state-s-standards-of-modern-zoo-practice

The applicant must be able to demonstrate how the zoo will:

• help educate people about biodiversity
• be suitable for the types of animals you’re keeping
• have a high standard of animal care
• do as much as possible to stop any animals escaping
• stop pests and vermin getting into the zoo

Applicants will also have to demonstrate how they are doing at least 1 of the following:

• conservation research or training
• sharing conservation information
• captive animal breeding
• helping repopulate or reintroduce species into the wild

Applications are made via the Gov.uk website which also gives guidance on the application process:

https://www.gov.uk/zoo-licence

Applications can be made by an individual or by a business or other organisation.

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 an application is made by a business or other organisation, all business partners or directors will be required to provide a basic disclosure certificate.

New applications

Before applying for a new licence an applicant must, at least two months prior to the application, provide the Council with a notice of an intention to apply, providing the following information:

• The location of the zoo
• The types of animals and numbers of animals that will be kept
• How the animals will be housed and cared for
• staff numbers and what they’ll be doing
• expected visitor and vehicle numbers
• zoo entrance and exit points
• how conservation conditions will be met
• Provide confirmation of that planning permission has been granted for the establishment or continuance of the zoo. The applicant must also:
• publish notice of intention to apply in at least 1 local and 1 national newspaper
• display the notice at the planned zoo site
• send a copy of the notice to the council

The Council will keep any notice of intention available at the main Council offices for public inspection, free of charge at any reasonable hour and on the Council website.

The Council will take into account any representations received from any off the following:

• The applicant
• Thames Valley Police
• APHA
• Any other local authority in which part of the zoo may be situated
• any person alleging that the establishment or continuance of the zoo would injuriously affect the health or safety of persons living in the neighbourhood of the zoo;
• Buckinghamshire Fire Service
• any other person whose representations might, in the opinion of the local authority, show grounds on which the authority has a power or duty to refuse to grant a licence which may include Environmental Health; the Local Ward Councillor or Town and Parish Councillors.

A “licence” inspection must be carried out before a licence is granted or refused. The process for arranging an inspection of a zoo as part of a new application is set out in the Government guidance to the Act.

The inspection will be carried out by one or more inspectors nominated by the APHA. The Council must take into consideration the inspection report and any recommendations for additional conditions to be added to the licence. Applicants are provided with a copy of the report and are given the opportunity to comment on it. Should the Council decide to grant the licence, the applicant will be consulted prior to additional conditions being added and the licence issued.

The Council will aim to provide licence holders with 9 months notice of when their licence is due to expire but responsibility for applying for a renewal of a licence remains the responsibility of the licence holder. A completed application must be submitted at least 6 months before their licence expires.

Once a zoo licence has been granted, an application can be made to the APHA to issue a direction granting a zoo a dispensation under s.14(1)(b) or 14(2) of the Act if it is a small collection and the types of animals to be kept suggest that it may be eligible. Inspectors can recommend what type of dispensation would be appropriate on their inspection report.

The application process for a dispensation is set out in the guidance to the Act. In the case of a dispensation under s.14(1)(b) of the Act, this application is made by the Council on the zoo’s behalf, in the case of a 14(2) dispensation, the application is made by the zoo itself. In both instances the APHA will require a plan of the zoo, stock list, support in writing from the Council, any other supporting information and in the case of a 14(1)(b), a report from a vet (not used by the zoo) confirming that the zoo appears to be run properly and that the animals properly cared for.

These dispensations ensure that inspections are kept at a reasonable level for the size of the establishment, without in any way weakening the establishment’s obligation to achieve acceptable standards of animal welfare.

If granted, dispensation status will be reviewed from time to time to ensure it is still suitable.

In a small number of cases, the APHA may issue what is known as a 14(1)a direction stating that a particular premises is exempt from requiring a zoo licence. In these cases, the Council will apply on behalf of the zoo. The Council’s letter will have to be supported by a letter from a vet (not used by the zoo) confirming that the zoo is run properly and the animals appear to be well cared for. The owners of the zoo will be required to pay for any vet inspection carried out in relation to this process.

• The Council may refuse a licence if:
• An inspector’s report recommends that the application be refused
• Satisfied that the zoo, or its continuance, would injuriously affect the health or safety of persons living in the neighbourhood of the zoo, or seriously affect the preservation of law and order
• Not satisfied that zoo operators are able to meet conditions to take forward the relevant conservation measures
• Not satisfied that the standards of accommodation, staffing or management are adequate for the proper care and well-being of the animals as a whole or for any of them, or otherwise for the proper conduct of the zoo.
• They are not satisfied that planning permission has been granted for a zoo (or the granting of the licence can be suspended until the local planning authority confirm that permission has been, or is deemed to be, granted).
• Anyone associated with the zoo has a conviction under the Zoo Licensing Act 1981 or any of the Acts mentioned in Section 4(5) of the Act.

A new zoo licence, if granted, will have a duration period of four years. Upon renewal, the licence will run for a period of six years.

If a licence is refused under the Zoo Licensing Act 1981, the applicant will have the right of appeal to the magistrates’ court within 28 days of the decision notice.

Any licensed zoo will be subject to a schedule of annual inspections broken down into periodical and informal inspections. The exact procedures relating to the arrangements of these inspections is set out in the guidance to the Act. Unless a dispensation is in place, the periodical inspections will be carried out by a team of inspectors, consisting of two Secretary of State inspectors and no more than three nominated by the local authority, one of whom must be a vet. Informal inspections are carried out by a Council inspector and must take place in any calendar year when a periodical inspection has not taken place.

Where a 14(1)(b) dispensation is in place, there will either be no requirement for periodical inspections and only annual informal inspections will take place, or for a 14(2) dispensation they will be carried out by the APHA nominated inspector(s), usually accompanied by a Council officer.

The APHA must select from the list of Secretary of State nominated inspectors to carry out any periodical inspection. The zoo is encouraged to carry out a prescribed audit prior to a periodical inspection which is provided to the nominated inspector. This will often help to reduce the time taken to carry out the inspection.

Applicants/ zoo operators will be given at least 28 days notice of an inspection taking place. They will be provided with a copy of the inspector’s report and are given an opportunity to make comments on the report which will be recorded and returned to the inspector along with the signed report.

As set out in the guidance to the Act, “special” inspections can also be carried out at the discretion of the Council. An example of this might be as a result of an investigation into a complaint, or to check compliance with licence conditions that require improvements to be made within a specified period of time. These inspections can take place at any time but the Council must notify the zoo of the date and time. The local authority will appoint s suitably competent person to complete the inspection.

The cost of any inspection carried out by Secretary of State Inspectors will be the responsibility of the applicant/licence holder.

Any zoo licence issued by this Council will be subject to the licence conditions detailed in Appendix 3 of this Policy. These conditions have been based on the Secretary Of State’s Standards of Modern Zoo Practice. All inspectors of zoos must have regard to these standards. Any licence issued will also contain any additional conditions to be added to the licence contained in the inspectors report as set out in paragraph 6.4 above.

Following a periodical inspection, a Secretary of State nominated inspector may require that additional conditions are attached to the licence. Zoo operators are given an opportunity to comment on these conditions prior to their inclusion on their licence.

Where it is found that conditions attached to the licence are not being complied with in relation to the zoo or any part of it, the guidance states that, having given a licence holder theopportunity to be heard, the local authority must make a direction setting out the following information:

• Specify which condition(s) have not been met.
• Specify whether this is relation to the whole zoo or a section of the zoo.
• The steps the licence holder must take to comply
• The time period within which this must be done (not exceeding two years).
• Whether the whole zoo or a section must be closed whilst the necessary steps are taken.

Directions issued by the Council can be varied to permit additional time for them to be completed (as set out in the government guidance) and will be revoked once the zoo has complied with the condition or conditions.

If a licence holder fails to complete a direction - the Council is required either to close down the zoo permanently or permanently to close the affected section of the zoo.