Agenda item

On 1 October 2018 changes to the licensing of animal boarding establishments, dog breeding establishments, pet shops and riding establishments were introduced. The Council also took on the responsibility for the licensing of “keeping animals for exhibition.” Considering these new requirements, the Licensing Authority adopted an Animal Welfare Licensing Policy in 2020.

On 27 June 2025, the Regulatory Committee received a report proposing that a consultation take place on an updated Animal Welfare Licensing Policy which was agreed. This consultation is now complete, and this report sets out the responses received and the proposed final policy for adoption.

The Committee had before it a report * from the Lead Officer (Food, Safety and Licensing) for the review of the Animal Welfare Licensing Policy.

The following was highlighted within the report:

·       The Animal Welfare Act 2006 introduced new power enabling national regulations to be made known as the Animal Welfare (Licensing of Activities involving Animals) (England) Regulations 2018 were published.

·       This had had a big impact on the Licensing Team and how the licensing scheme for animal businesses was administered.

·       It affected pet shops, dog and cat boarding sites and riding establishments.

·       Dangerous Animals and Zoo Licensing had their own distinct pieces of legislation.

·       Although it was not a statutory requirement to have an Animal Welfare Licensing Policy, it was felt that it would help to ensure compliance with relevant regulations and would assist stakeholders, officers and Members to have a policy to refer to and ensure consistency.  Mid Devon District Council (MDDC) adopted a policy in 2020.

·       A six week consultation had been carried out following approval at the previous meeting held on 27 June 2025.

·       The proposed amendments were highlighted within the officer’s report.

·       The Licensing Team had consulted with various bodies including licence holders, Environmental Health, Planning, Department of Environment, Food & Rural Affairs (DEFRA), the Royal Society for the Prevention of Cruelty to Animals (RSPCA), Devon and Cornwall Police and Trading Standards.  A Notice had also been displayed on the Council’s website to ensure that members of the public were also aware of the consultation.

·       Only one response had been received during the consultation period.

·       There were no recommendations to amend the policy that had been initially consulted on.

Discussion took place regarding:-

·       The prevention of animals as prizes on land owned or controlled by MDDC.   It was explained that a previous discussion and agreement had taken place regarding this.

·       Licenced applicants with previous convictions and whether there was a process in place to deal with that.  It was explained that a potential option would be for the Licensing Team to refer the decision to a Regulatory Sub-Committee.  Each application would be assessed on its own merits.

·       The rules and regulations regarding dog breeding.  It was explained that if breeding was being run as a business, a licence would be necessary regardless of the number of litters.  If it did not run as a business, then a licence would be required for three litters or more in the space of a 12 month period.

·       Whether snakes were classed as a dangerous animal.  It was explained that it would depend upon the species of snake and whether or not they were on the statutory list.

With reference to the prevention of using animals as prizes on land controlled by MDDC the Committee took a vote as to whether this should be included within the Animal Welfare Licensing Policy and for delegated authority to be given to the Licensing Officer to use the same wording that was approved on Motion 597 that was presented at a previous Council meeting.

Upon a vote being taken this was CARRIED.

(Cllr F J Colthorpe voted against the proposal)

The Committee RECOMMENDED that Council adopt the final draft of the Animal Welfare Licensing Policy and Equality Impact Assessment contained in Annex A and B respectively and to include the wording previously approved at a previous Council meeting to prevent using animals as prizes on land controlled by MDDC.

(Proposed by Cllr J Downes and seconded by Cllr G DuChesne)

Notes: 

(i)              * Report previously circulated.

(ii)             Full Council- Motion 597[LW1]