Zoo Licensing Act 1981

4 Grant or refusal of licence. E+W+S

(1) Before granting or refusing to grant a licence for a zoo, the local authority shall—

(a) consider inspectors’ reports made in pursuance of inspections of the zoo under this Act[F1 , or]

(b) [F1 if no inspection of the zoo has been made under this Act, consult such persons on the list as the Secretary of State nominates for the purposes of this section.]

[F2 (1A) Before granting or refusing to grant a licence for a zoo, the local authority shall also–

(a) consult the applicant about the conditions they propose would be attached to the licence, if one were granted, under section 5(2A) and (if applicable) section 5(3); and

(b) make arrangements for an inspection to be carried out in accordance with section 9A (subject to subsection (2) of that section).]

(2) The local authority shall refuse to grant a licence for a zoo if they are satisfied that the establishment or continuance of the zoo 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.

[F3 (2A) The local authority shall also refuse to grant a licence for a zoo if they are not satisfied that the conservation measures referred to in section 1A will be implemented in a satisfactory manner at the zoo.]

(3) The local authority may refuse to grant a licence for a zoo if [F4 subsection (2A) does not apply but] they are not satisfied that the standards of accommodation, staffing or management are adequate for the proper care and wellbeing of the animals or any of them or otherwise for the proper conduct of the zoo.

(4) The local authority may also refuse to grant a licence if—

(a) the applicant, or

(b) (where the applicant is a body corporate) the body or any director, manager, secretary or other similar officer of the body, or

(c) any person employed as a keeper in the zoo,

has been convicted of an offence under this Act or under any of the enactments mentioned in subsection (5) or of any other offence involving the ill-treatment of animals.

(5) The enactments are—

• the Protection of Animals Acts 1911 to 1964;

• the Protection of Animals (Scotland) Acts 1912 to 1964;

• the M1 Pet Animals Act 1951;

• . . . F5

• the M2 Animal Boarding Establishments Act 1963;

• the Riding Establishments Acts 1964 and 1970;

• the M3 Breeding of Dogs Act 1973;

• . . . F5

• the M4 Dangerous Wild Animals Act 1976;

• the M5 Endangered Species (Import and Export) Act 1976.

• [F6 Part I of the Wildlife and Countryside Act 1981]

(6) If the local authority are not satisfied that any planning permission required under Part III of [F7 the Town and Country Planning Act 1990] or under [F8 the Town and Country Planning (Scotland) Act 1997], for the establishment of the zoo or for the continuance of the zoo during the period for which the licence would be in force, has been, or is deemed to be, granted, they shall either refuse to grant the licence or grant the licence but suspend its operation until the local planning authority within the meaning of [F7 the said Act of 1990] or, as the case may be, [F8 1997] have notified the local authority that any such planning permission has been or is deemed to be granted.

(7) Except as provided by this section the local authority shall not refuse to grant a licence pursuant to an application and if they do refuse to grant it they shall send to the applicant by post a written statement of the grounds of their refusal.

(8) When a licence is granted the local authority shall send it to the applicant by post and the licence or a copy of it shall be publicly displayed at each public entrance to the zoo.

Textual Amendments

F1 S. 4(1)(b) and word immediately preceding it omitted: (E.) (8.1.2003) by virtue of S.I. 2002/3080, regs. 1(1), 2, 7(a); and (S.) (1.4.2003) by virtue of The Zoo Licensing Act 1981 Amendment (Scotland) Regulations 2003 (S.S.I. 2003/174), regs. 1(1), 7(a)

F2 S. 4(1A) inserted: (E.) (8.1.2003) by S.I. 2002/3080, regs. 1(1), 2, 7(b); and (S.) (1.4.2003) by The Zoo Licensing Act 1981 Amendment (Scotland) Regulations 2003 (S.S.I. 2003/174), regs. 1(1), 7(b)

F3 S. 4(2A) inserted: (E.) (8.1.2003) by S.I. 2002/3080, regs. 1(1), 2, 7(c); and (S.) (1.4.2003) by The Zoo Licensing Act 1981 Amendment (Scotland) Regulations 2003 (S.S.I. 2003/174), regs. 1(1), 7(c)

F4 Words in s. 4(3) inserted: (E.) (8.1.2003) by S.I. 2002/3080, regs. 1(1), 2, 7(d); and (S.) (1.4.2003) by The Zoo Licensing Act 1981 Amendment (Scotland) Regulations 2003 (S.S.I. 2003/174), regs. 1(1), 7(d)

F5 Entry repealed by Wildlife and Countryside Act 1981 (c. 69, SIF 4:5), ss. 75(14), 73(4), Sch. 17 Pt. II

F6 Entry added by Wildlife and Countryside Act 1981 (c. 69, SIF 4:5), s. 72(14)

F7 Words substituted by Planning (Consequential Provisions) Act 1990 (c. 11, SIF 123:1, 2), s. 4, Sch. 2 para. 49

F8 Words in s. 4(6) substituted (27.5.1997) by 1997 c. 11, ss. 4, 6(2), Sch. 2 para. 32

Marginal Citations

M1 1951 c. 35.

M2 1963 c. 43.

M3 1973 c. 60.

M4 1976 c. 38.

M5 1976 c. 72.