The Animal Welfare (Licensing of Activities Involving Animals) (Scotland) Regulations 2021

Conditions of grant or renewal of a licence

6.—(1) This regulation applies where—

(a) a licensing authority has received an application that complies with regulation 4(2) for the grant or renewal of a licence to carry on—

(i) a licensable activity described in paragraphs 1, 8, 14, 17 or 20 of schedule 1 on premises in the area of the local authority that is the licensing authority, or

(ii) the licensable activity described in paragraph 4 of schedule 1 (engaging in animal rehoming activities), where the licensing authority is an appropriate licensing authority in terms of regulation 4(4) or (5),

(b) the application gives such information as the licensing authority has required, and

(c) any appropriate fee charged in accordance with regulation 15 has been paid.

(2) The licensing authority—

(a) must (where paragraph (1)(a)(i) applies) instruct one or more inspectors to inspect the premises on which the licensable activity is being or is to be carried on,

(b) may (where paragraph (1)(a)(ii) applies) instruct one or more inspectors to inspect any premises on which the licensable activity described in paragraph 4 of schedule 1 (engaging in animal rehoming activities) is being or is to be carried on.

(3) Following the receipt by the local authority of an inspector’s report submitted to it under regulation 12, or the taking of a decision not to instruct an inspection under paragraph (2)(b), the licensing authority must grant a licence to the applicant, or renew the applicant’s licence, in accordance with the application if it is satisfied that—

(a) the standard conditions are likely to be met,

(b) any licence condition which it intends to attach to the licence in accordance with paragraph (5) is likely to be met, and

(c) the grant or renewal is appropriate, having taken into account any report submitted to it in accordance with regulation 12.

(4) A licensing authority must attach to each licence granted or renewed—

(a) a copy of the definitions in regulation 2, and

(b) the standard conditions.

(5) A licensing authority may attach such further conditions to licences granted or renewed under this regulation as it considers necessary for the purposes of securing the welfare of animals for which the applicant is or will be responsible.

(6) A licensing authority must specify in a licence granted or renewed by it under this regulation—

(a) for a licensable activity described in paragraph 1, 8, 14, 17 or 20 of schedule 1, the premises on which the licensable activity may be carried on,

(b) for a licensable activity described in paragraph 14, 17 or 20 of schedule 1 (dog breeding, cat breeding or rabbit breeding), the maximum number of breeding bitches, breeding female cats or breeding female rabbits, as the case may be, that may be kept in relation to the licensable activity at any time on the premises on which the activity will be carried on,

(c) for the licensable activity described in paragraph 1 of schedule 1 (selling animals as pets), the animals or types of animal that may be sold by the applicant as an operator.

(7) In considering whether the standard licence conditions and any licence conditions which it intends to attach to the licence are likely to be met, a licensing authority must take account of—

(a) the applicant’s conduct, if any, as the operator of the licensable activity to which the application for the grant or renewal relates,

(b) whether the applicant is a fit and proper person to be the operator of that activity, and

(c) any other relevant circumstances.

(8) A licensing authority must not grant a licence to an applicant, or renew an applicant’s licence, in any circumstances other than those described in these Regulations.

(9) Any licence granted or renewed in relation to any of the licensable activities is subject to—

(a) the standard conditions, and

(b) any other licence conditions attached to the licence by the licensing authority in accordance with paragraph (5).