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Regulation 2
SCHEDULE 1Licensable activities
PART 1Business test
1. The circumstances which a local authority must take into account in determining whether an activity is being carried on in the course of a business for the purposes of this Schedule include, for example, whether the operator—
(a)makes any sale by, or otherwise carries on, the activity with a view to making a profit, or
(b)earns any commission or fee from the activity.
PART 2Selling animals as pets
2. Selling animals as pets (or with a view to their being later resold as pets) in the course of a business including keeping animals in the course of a business with a view to their being sold or resold.
3. The activity described in paragraph 2 does not include—
(a)selling animals in the course of an aquaculture production business authorised under regulation 5(1) of the Aquatic Animal Health (England and Wales) Regulations 2009(), or
(b)a person who is the holder of a licence under the Animal Welfare (Breeding of Dogs) (Wales) Regulations 2014 () selling;
(i)puppies the person has bred themselves from the premises where the puppy was bred, or;
(ii)adult dogs the person has bred themselves.
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