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

Welsh Statutory Instruments

2021 No. 416 (W. 135)

Animals, Wales

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

Made

24 March 2021

Coming into force

10 September 2021

The Welsh Ministers, as the appropriate national authority in relation to Wales(1), make the following Regulations in exercise of the powers conferred by section 13(2), (7), (8) and (10) of, and Parts 1 and 3 of Schedule 1 to, the Animal Welfare Act 2006(2).

In accordance with section 13(9) of that Act, the Welsh Ministers have consulted those persons appearing to them to represent interests with which these Regulations are concerned as they considered appropriate.

In accordance with section 61(2) of that Act(3), a draft of this instrument has been laid before, and approved by resolution of, Senedd Cymru.

PART 1 Introduction

Title, commencement and application

1.—(1) The title of these Regulations is the Animal Welfare (Licensing of Activities Involving Animals) (Wales) Regulations 2021.

(2) These Regulations come into force on 10 September 2021.

(3) These Regulations apply to Wales except paragraph 2 of Schedule 5 which applies to both England and Wales.

Interpretation

2.  In these Regulations—

“the Act” (“y Ddeddf”) means the Animal Welfare Act 2006;

“adult dog” (“ci llawndwf”) means a dog which is not less than 6 months old;

“general condition” (“amod cyffredinol”) means the conditions set out in Schedule 2;

“kitten” (“cath fach”) means a cat aged less than 6 months;

“licence” (“trwydded”), except as the context otherwise requires in regulation 10(1)(b) or where more specifically provided, means a licence to carry on a licensable activity granted or renewed under these Regulations and cognate expressions are to be construed accordingly;

“licence conditions” (“amodau trwydded”) means—

(a)

the general conditions, and

(b)

the relevant specific conditions;

“licensable activity” (“gweithgaredd trwyddedadwy”) means an activity described in paragraph 2 of Schedule 1;

“local authority” (“awdurdod lleol”) means the council for a county or county borough in Wales;

“operator” (“gweithredwr”) means an individual who—

(a)

carries on, attempts to carry on or knowingly allows to be carried on a licensable activity, or

(b)

where a licence has been granted or renewed, is the licence holder;

“pet” (“anifail anwes”) means an animal mainly or permanently, or intended to be mainly or permanently, kept by a person for—

(a)

personal interest,

(b)

companionship,

(c)

ornamental purposes, or

(d)

any combination of paragraphs (a) to (c);

“puppy” (“ci bach”) means a dog aged less than 6 months;

“relevant specific conditions” (“amodau penodol perthnasol”) means, in relation to the activity of selling animals as pets (or with a view to their being later resold as pets) as described in paragraph 2 of Schedule 1, the conditions set out in Schedule 3;

“veterinary surgeon” (“milfeddyg”) means a person registered in the register of veterinary surgeons, or the supplementary veterinary register, kept under the Veterinary Surgeons Act 1996(4).

Licencing of operators

3.—(1) Each licensable activity is a specified activity for the purposes of section 13(1) of the Act.

(2) A local authority is the licensing authority for any licensable activity carried on in premises in its area.

PART 2 Grant, renewal and variation with consent of a licence and inspection of premises

Conditions of grant or renewal of a licence

4.—(1) This regulation applies where—

(a) a local authority has received from an operator an application in writing for the grant or renewal of a licence to carry on a licensable activity on premises in the local authority’s area, and

(b) the application gives such information as the local authority has required.

(2) The local authority must—

(a) appoint one or more suitably qualified inspectors to inspect any premises on which the licensable activity or any part of it is being or is to be carried on, and

(b) following that inspection, grant a licence to the operator, or renew the operator’s licence, in accordance with the application if it is satisfied that—

(i) the licence conditions will be met,

(ii) any appropriate fee has been paid in accordance with regulation 12, and

(iii) the grant or renewal is appropriate having taken into account the report submitted to it in accordance with regulation 9.

(3) A local authority must attach to each licence granted or renewed—

(a) the general conditions, and

(b) the relevant specific conditions.

(4) In considering whether the licence conditions will be met, a local authority must take account of the applicant’s conduct as the operator of the licensable activity to which the application for the grant or renewal relates, whether the applicant is a fit and proper person to be the operator of that activity and any other relevant circumstances.

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

(6) All licences granted or renewed in relation to any of these licensable activities are subject to the licence conditions.

Period of licence

5.  A local authority may grant or renew a licence for any period up to 1 year.

Power to take samples from animals

6.  An inspector may, for the purposes of ensuring the licence conditions are being complied with, take samples for laboratory testing from any animals on premises occupied by an operator.

Duty to assist in the taking of samples from animals

7.  An operator must comply with any reasonable request of an inspector to facilitate the identification and examination of an animal and the taking of samples in accordance with regulation 6 and, in particular, must arrange the suitable restraint of an animal if so requested by an inspector.

Variation or revocation of a licence on the application, or with the consent, of a licence holder

8.  A local authority may at any time vary or revoke a licence—

(a) on the application in writing of the licence holder, or

(b) on its own initiative, with the consent in writing of the licence holder.

Inspector’s report

9.—(1) Where a local authority arranges an inspection pursuant to regulation 4(2)(a), it must arrange for the submission to it of a report by the inspector.

(2) The inspector’s report must—

(a) contain information about the operator, any relevant premises, any relevant records, the condition of any animals and any relevant matter, and

(b) state whether or not the inspector considers that the licence conditions will be met.

Persons who may not apply for a licence

10.—(1) The following persons may not apply for a licence in respect of any licensable activity—

(a) a person listed as a disqualified person in paragraphs 2 to 8 of Schedule 4 where the time limit for any appeal against that disqualification has expired or where, if an appeal was made, that appeal was refused;

(b) a person listed in paragraph 1 of Schedule 4 as having held a licence which was revoked where the time limit for any appeal against that revocation has expired or where, if an appeal was made, that appeal was refused.

(2) Any licence granted or renewed, or held by, a person mentioned in paragraph (1)(a) or (b) is automatically revoked.

Death of a licence holder

11.—(1) In the event of the death of a licence holder, the licence is deemed to have been granted to, or renewed in respect of, the personal representatives of that former licence holder.

(2) In the circumstances described in paragraph (1), the licence is to remain in force for 3 months beginning with the date of the death of the former licence holder or for as long as it was due to remain in force but for the death (whichever period is shorter) but remain subject to the provisions in Part 2.

(3) The personal representatives must notify in writing the local authority which granted or renewed the licence that they are now the licence holders within 28 days beginning with the date of the death of the former licence holder.

(4) If the personal representatives fail so to notify the local authority within the period specified in paragraph (3), the licence ceases to have effect on the expiry of that period.

(5) The local authority which granted or renewed the licence may, on the application of the personal representatives, extend the period specified in paragraph (2) for up to 3 months if it satisfied that the extension is necessary for the purpose of winding up the estate of the former licence holder and is appropriate in all the circumstances.

Fees

12.—(1) A local authority may charge such fees as it considers necessary for—

(a) the consideration of an application for the grant, renewal or variation of a licence including any inspection relating to that consideration, and for the grant, renewal or variation,

(b) the reasonable anticipated costs of consideration of a licence holder’s compliance with these Regulations and the licence conditions to which the licence holder is subject in circumstances other than those described in sub-paragraph (a) including any inspection relating to that consideration,

(c) the reasonable anticipated costs of enforcement in relation to any licensable activity of an unlicensed operator, and

(d) the reasonable anticipated costs of compliance with regulation 26.

(2) The fee charged for the consideration of an application for the grant, renewal or variation of a licence and for any inspection relating to that consideration must not exceed the reasonable costs of that consideration and related inspection.

Guidance

13.  A local authority must have regard in the carrying out of its functions under these Regulations to such guidance as may be issued by the Welsh Ministers.

PART 3 Enforcement and notices

Grounds for suspension, variation without consent or revocation of a licence

14.  A local authority may, without any requirement for the licence holder’s consent, decide to suspend, vary or revoke a licence at any time on being satisfied that—

(a) the licence conditions are not being complied with,

(b) there has been a breach of these Regulations,

(c) information supplied by the licence holder is false or misleading,

(d) it is necessary to protect the welfare of an animal, or

(e) the licence holder would not be able to apply for a new licence in accordance with regulation 10.

Procedure for suspension or variation without consent

15.—(1) Except as otherwise provided in this regulation, the suspension or variation of a licence following a decision under regulation 14 has effect at the end of a period of 7 working days beginning with the date on which notice of the decision is issued to the licence holder or, if that date is not a working day, the next working day.

(2) If it is necessary to protect the welfare of an animal, the local authority may specify in the notice of its decision that the suspension or variation has immediate effect.

(3) A decision to suspend or vary a licence must—

(a) be notified to the licence holder in writing,

(b) state the local authority’s grounds for suspension or variation,

(c) state when it comes into effect,

(d) specify measures that the local authority considers are necessary in order to remedy the grounds, and

(e) explain the right of the licence holder to make written representations in accordance with paragraph (4) and give details of the person to whom such representations may be made and the date by the end of which they must be received.

(4) The licence holder may make written representations which must be received by the local authority within 7 working days beginning with the date of issue of notice of the decision under regulation 14 to suspend or vary the licence or, if that date is not a working day, the next working day.

(5) Except in relation to notices under paragraph (2), where a licence holder makes written representations which are received by the local authority within the period specified in paragraph (4), the suspension or variation is not to have effect unless the local authority, after considering the representations, suspends or varies the licence in accordance with paragraph (6)(a).

(6) Within 7 working days beginning with the date of receipt of any representations made in accordance with paragraph (5), the local authority must, after considering the representations—

(a) suspend or vary the licence,

(b) cancel its decision under regulation 14 to suspend or vary the licence,

(c) confirm the suspension or variation of the licence under paragraph (2), or

(d) reinstate the licence if it has been suspended, or cancel its variation if it has been varied, under paragraph (2).

(7) The local authority must issue to the licence holder written notice of its decision under paragraph (6) and the reasons for it within 7 working days beginning with the date of receipt of any representations made in accordance with paragraph (4) or, if that date is not a working day, beginning with the next working day.

(8) The local authority’s decision under paragraph (6) is to have effect on service of its notice under paragraph (7).

(9) Paragraph (10) applies if the local authority fails to comply with paragraph (6) or (7).

(10) Where this paragraph applies, after 7 working days beginning with the date of receipt of any representations made in accordance with paragraph (4) or, if that date is not a working day, beginning with the next working day—

(a) a licence suspended under paragraph (2) is to be deemed to be reinstated;

(b) a licence varied under paragraph (2) is to be deemed to have effect as if it had not been so varied;

(c) a licence suspended under paragraph (6)(a) is to be deemed to be reinstated;

(d) a licence varied under paragraph (6)(a) is to be deemed to have effect as if it had not been so varied;

(e) any licence held by the licence holder other than a licence suspended or varied under paragraph (2) or (6)(a) which the local authority decided to suspend or vary under regulation 14 is to be deemed to remain in force and not to be so varied.

(11) Once a licence has been suspended for 28 days, the local authority must on the next working day—

(a) reinstate it without varying it,

(b) vary and reinstate it as varied, or

(c) revoke it.

(12) If the local authority fails to comply with paragraph (11), the licence is to be deemed to have been reinstated without variation with immediate effect.

Reinstatement of a suspended licence by a local authority

16.—(1) A local authority must reinstate a suspended licence by way of written notice once it is satisfied that the grounds specified in the notice of suspension have been or will be remedied.

(2) Where a local authority reinstates a licence under paragraph (1), it may reduce the period for which it is reinstated.

Notice of revocation

17.—(1) A revocation decision must—

(a) be notified in writing to the licence holder,

(b) state the local authority’s grounds for revocation, and

(c) give notice of the licence holder’s rights of appeal to a magistrates’ court and the period under regulation 23 within which such an appeal may be brought.

(2) The decision has effect on service of the notice.

Obstruction of inspectors

18.  A person must not intentionally obstruct an inspector appointed for the purposes of the enforcement of these Regulations in the exercise of any powers conferred by or under the Act.

Offences

19.—(1) It is an offence for a person, without lawful authority or excuse—

(a) to breach a licence condition;

(b) to fail to comply with regulation 7 or 18.

(2) A person who commits an offence under paragraph (1) is liable on summary conviction to a fine.

Powers of entry

20.  Breach of a licence condition must be treated as a relevant offence for the purposes of section 23 of the Act (entry and search under warrant in connection with offences).

Post-conviction powers

21.  The relevant post-conviction powers contained in sections 34 and 42 of the Act apply in relation to a conviction for an offence under regulation 19.

Notices

22.—(1) Any notice issued by a local authority under these Regulations may be amended, suspended or revoked by the local authority in writing at any time.

(2) A notice may be served on a person by—

(a) personal delivery,

(b) leaving it or sending it by post to the person’s current or last known postal address, or

(c) emailing it to the person’s current or last known email address.

PART 4 Appeals

Appeals

23.—(1) Any operator who is aggrieved by a decision by a local authority to refuse to grant or renew, or the decision to revoke, a licence may appeal to a magistrates’ court.

(2) The procedure on an appeal to a magistrates’ court under paragraph (1) is by way of complaint, and the Magistrates’ Courts Act 1980(5) applies to the proceedings.

(3) The period within which an appeal may be brought is 28 days beginning with the day following the date on which the decision is notified.

PART 5 Repeals, consequential amendments and saving provision

Repeals and consequential amendments

24.  Schedule 5 (repeals and consequential amendments) is to have effect.

Saving provision

25.  Any unexpired licence granted in accordance with the provisions of the Pet Animal Act 1951(6) continues in force for the remainder of its term subject to the provisions of that Act as it had effect on the relevant date.

PART 6 Provision of information to the Welsh Ministers

Provision of information to the Welsh Ministers

26.—(1) Each local authority must provide the following information to the Welsh Ministers in writing—

(a) the number of licences in force in its area on each reference date, and

(b) the average level of fees it has charged for licences it has granted or renewed in each reference period.

(2) Each local authority must provide the information to the Welsh Ministers—

(a) in electronic form, or secure that it is accessible to the Welsh Ministers in electronic form, and

(b) no later than the next 31 May following the relevant reference date.

(3) In this regulation—

“reference date” (“dyddiad cyfeirio”) means 31 March;

“reference period” (“cyfnod cyfeirio”) means the period beginning with 10 September 2021 and ending with 31 March 2022 and each subsequent period of 12 months beginning with the 1 April.

Lesley Griffiths

Minister for Environment, Energy and Rural Affairs, one of the Welsh Ministers

24 March 2021

Regulation 2

SCHEDULE 1 Licensable activities

PART 1 Business 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 2 Selling 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(7), or

(b) a person who is the holder of a licence under the Animal Welfare (Breeding of Dogs) (Wales) Regulations 2014 (8) 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.

Regulation 2

SCHEDULE 2 General conditions

Licence display

1.—(1) A copy of the licence must be clearly and prominently displayed on any premises on which the licensable activity is carried on.

(2) The name of the licence holder followed by the number of the licence holder’s licence must be clearly and prominently displayed on any website used in respect of the licensable activity.

Records

2.—(1) The licence holder must ensure that at any time all the records that the licence holder is required to keep as a condition of the licence are available for inspection by an inspector in a visible and legible form or, where any such records are stored in electronic form, in a form from which they can readily be produced in a visible and legible form.

(2) The licence holder must keep all such records for at least 3 years beginning with the date on which the record was created.

Use, number and type of animal

3.—(1) No animals or types of animal other than those animals and types of animal specified in the licence may be used in relation to the relevant licensable activity.

(2) The number of animals kept for the licensable activity at any time must not exceed the maximum that is reasonable taking into account the facilities and staffing on any premises on which the licensable activity is carried on.

Staffing

4.—(1) Sufficient numbers of people who are competent for the purpose must be available to provide a level of care that ensures that the welfare needs of all the animals are met.

(2) The licence holder or a designated manager and any staff employed to care for the animals must have competence to identify the normal behaviour of the species for which they are caring and to recognise signs of, and take appropriate measures to mitigate or prevent, pain, suffering, injury, disease or abnormal behaviour.

(3) The licence holder must provide and ensure the implementation of a written training policy, which complies with the requirements of paragraph 9, for all staff.

Suitable environment

5.—(1) All areas, equipment and appliances to which the animals have access must present minimal risks of injury, illness and escape and must be constructed in materials that are robust, safe and durable, in a good state of repair and well maintained.

(2) Animals must be kept at all times in an environment suitable to their species and condition (including health status and age) with respect to—

(a) their behavioural needs;

(b) its situation, space, air quality, cleanliness and temperature;

(c) the water quality (where relevant);

(d) noise levels;

(e) light levels;

(f) ventilation.

(3) Staff must ensure that the animals are kept clean and comfortable.

(4) Where appropriate for the species, a toileting area and opportunities for toileting must be provided.

(5) Procedures must be in place to ensure accommodation and any equipment within it is cleaned as often as necessary and good hygiene standards are maintained and the accommodation must be capable of being thoroughly cleaned and disinfected.

(6) The animals must be transported and handled in a manner (including for example in relation to housing, temperature, ventilation and frequency) that protects them from pain, suffering, injury and disease.

(7) All the animals must be easily accessible to staff and for inspection and there must be sufficient light for the staff to work effectively and observe the animals.

(8) All resources must be provided in a way (for example as regards, frequency, location and access points) that minimises competitive behaviour or the dominance of individual animals.

(9) The animals must not be left unattended in any situation or for any period likely to cause them distress.

Suitable diet

6.—(1) The animals must be provided with a suitable diet in terms of quality, quantity and frequency and any new feeds must be introduced gradually to allow the animals to adjust to them.

(2) Feed and (where appropriate) water intake must be monitored, and any problems recorded and addressed.

(3) Feed and drinking water provided to the animals must be unspoilt and free from contamination.

(4) Feed and drinking receptacles must be capable of being cleaned and disinfected, or disposable.

(5) Constant access to fresh, clean drinking water must be provided in a suitable receptacle for the species that requires it.

(6) Where feed is prepared on the premises on which the licensable activity is carried on, there must be hygienic facilities for its preparation, including a working surface, hot and cold running water and storage.

Monitoring of behaviour and training of animals

7.—(1) Active and effective environmental enrichment must be provided to the animals in inside and any outside environments.

(2) For species whose welfare depends partly on exercise, opportunities to exercise which benefit the animals’ physical and mental health must be provided, unless advice from a veterinary surgeon suggests otherwise.

(3) The animals’ behaviour and any changes of behaviour must be monitored and advice must be sought, as appropriate and without delay, from a veterinary surgeon or, in the case of fish, any person competent to give such advice if adverse or abnormal behaviour is detected.

(4) Where used, training methods or equipment must not cause pain, suffering or injury.

(5) All immature animals must be given suitable and adequate opportunities to—

(a) learn how to interact with people, their own species and other animals where such interaction benefits their welfare, and

(b) become habituated to noises, objects and activities in their environment.

Animal handling and interactions

8.—(1) All people responsible for the care of the animals must be competent in the appropriate handling of each animal to protect it from pain, suffering, injury or disease.

(2) The animals must be kept separately or in suitable compatible social groups appropriate to the species and individual animals and no animals from a social species may be isolated or separated from others of their species for any longer than is necessary.

(3) The animals must have at least daily opportunities to interact with people where such interaction benefits their welfare.

Protection from pain, suffering, injury and disease

9.—(1) Written procedures must—

(a) be in place and implemented covering—

(i) feeding regimes;

(ii) cleaning regimes;

(iii) transportation;

(iv) the prevention of, and control of the spread of, disease;

(v) monitoring and ensuring the health and welfare of all the animals;

(vi) the death or escape of an animal (including the storage of carcasses);

(b) be in place covering the care of the animals following the suspension or revocation of the licence or during and following an emergency.

(2) All people responsible for the care of the animals must be made fully aware of these procedures.

(3) Appropriate isolation, in separate self-contained facilities, must be available for the care of sick, injured or potentially infectious animals.

(4) All reasonable precautions must be taken to prevent and control the spread among the animals and people of infectious diseases, pathogens and parasites.

(5) All excreta and soiled bedding for disposal must be stored and disposed of in a hygienic manner and in accordance with any relevant legislation.

(6) Sick or injured animals must receive prompt attention from a veterinary surgeon or, in the case of fish, an appropriately competent person and the advice of that veterinary surgeon or, in the case of fish, that competent person must be followed.

(7) Where necessary, animals must receive preventative treatment by an appropriately competent person.

(8) The licence holder must register with a veterinary surgeon with an appropriate level of experience in the health and welfare requirements of any animals specified in the licence and the contact details of that veterinary surgeon must be readily available to all staff on the premises on which the licensable activity is carried on.

(9) Prescribed medicines must be stored safely and securely to safeguard against unauthorised access, at the correct temperature, and used in accordance with the instructions of the veterinary surgeon.

(10) Medicines other than prescribed medicines must be stored, used and disposed of in accordance with the instructions of the manufacturer or veterinary surgeon.

(11) Cleaning products must be suitable, safe and effective against pathogens that pose a risk to the animals and must be used, stored and disposed of in accordance with the manufacturer’s instructions and used in a way which prevents distress or suffering of the animals.

(12) No person may euthanize an animal except a veterinary surgeon or a person who has been authorised by a veterinary surgeon as competent for such purpose or in the case of fish, a person who is competent for such purpose.

(13) All animals must be checked at least once daily and more regularly as necessary to check for any signs of pain, suffering, injury, disease or abnormal behaviour and vulnerable animals must be checked more frequently.

(14) Any signs of pain, suffering, injury, disease or abnormal behaviour must be recorded and the advice and further advice (if necessary) of a veterinary surgeon (or in the case of fish, of an appropriately competent person) must be sought and followed.

Emergencies

10.—(1) A written emergency plan, acceptable to the local authority, must be in place, known and available to all the staff on the premises on which the licensable activity is carried on, and followed where necessary to ensure appropriate steps are taken to protect all the people and animals on the premises in case of fire or in case of breakdown of essential heating, ventilation and aeration or filtration systems or other emergencies.

(2) The plan must include details of the emergency measures to be taken for the extrication of the animals should the premises become uninhabitable and an emergency telephone list that includes the fire service and police.

(3) External doors and gates must be lockable.

(4) A designated key holder with access to all animal areas must at all times be within reasonable travel distance of the premises and available to attend in an emergency.

Regulation 2

SCHEDULE 3 Specific conditions: selling animals as pets

Interpretation

1.  In this Schedule—

“prospective owner” (“darpar berchennog”) means a person purchasing an animal to keep or to be kept as a pet;

“premises” (“mangre”) means the premises on which the licensable activity of selling animals as pets (or with a view to their being later resold as pets) is carried on;

“purchaser” (“prynwr”) means a person purchasing an animal to keep as a pet or with a view to it later being resold as a pet.

Records and advertisements

2.—(1) A register must be maintained for all the animals or, in the case of fish, all the groups of fish, on the premises which must include—

(a) the full name of the supplier of the animal,

(b) the animal’s sex (where known),

(c) (except in the case of fish) the animal’s age (where known),

(d) details of any veterinary treatment (where known),

(e) the date of birth of the animal or, if the animal was acquired by the licence holder, the date of its acquisition,

(f) the date of the sale of the animal by the licence holder, and

(g) the date of the animal’s death (if applicable).

(2) Where an animal is undergoing any medical treatment—

(a) this fact must be clearly indicated—

(i) in writing next to it, or

(ii) (where appropriate) by labelling it accordingly, and

(b) it must not be sold.

(3) Any advertisement for the sale of an animal must—

(a) include the number of the licence holder’s licence,

(b) specify the local authority that issued the licence,

(c) include a recognisable photograph of the animal being advertised,

(d) (except in the case of fish) display the age of the animal being advertised,

(e) state the country of residence of the animal from which it is being sold, and

(f) state the country of origin of the animal.

Prospective sales: pet care and advice

3.—(1) The licence holder and all staff must ensure that any equipment and accessories being sold with an animal are suitable for the animal.

(2) The licence holder and all staff must ensure that the prospective owner is provided with information on the appropriate care of the animal including in relation to—

(a) feeding,

(b) housing,

(c) handling,

(d) husbandry,

(e) the life expectancy of its species,

(f) the provision of suitable accessories, and

(g) veterinary care.

(3) Appropriate reference materials on the care of all animals for sale must be on display and provided to the prospective owner.

(4) The licence holder and all staff must have been suitably trained to advise prospective owners about the animals being sold.

(5) The licence holder and all staff must ensure that the purchaser is informed of the country of origin of the animal and the species, and where known, the age, sex and veterinary record of the animal being sold.

Suitable accommodation

4.—(1) Animals must be kept in housing which minimises stress including from other animals and the public.

(2) Where members of the public can view or come into contact with the animals, signage must be in place to deter disturbance of the animals.

(3) Dangerous wild animals (if any) must be kept in cages that are secure and lockable and appropriate for the species.

(4) For the purposes of sub-paragraph (3), “dangerous wild animal” means an animal of a kind specified in the first column of the Schedule to the Dangerous Wild Animals Act 1976(9).

Sale of animals

5.—(1) No animal of any of the following descriptions may be sold as a pet, or sold with a view to being resold as a pet, by or on behalf of the licence holder—

(a) unweaned mammals;

(b) mammals weaned at an age at which they should not have been weaned;

(c) non-mammals that are incapable of feeding themselves;

(d) puppies, kittens, ferrets or rabbits, aged under 8 weeks;

(e) puppies or kittens which were not bred by the licence holder at the premises.

(2) The sale of a dog must be completed in the presence of the purchaser on the premises.

Protection from pain, suffering, injury and disease

6.—(1) All animals for sale must be in good health.

(2) Any animal with a condition which is likely to affect the quality of life must not be moved, transferred or offered for sale but may be moved to an isolation facility or veterinary care facility if required until the animal has recovered.

(3) When arranging for the receipt of animals, the licence holder must make reasonable efforts to ensure that they will be transported in a suitable manner.

(4) Animals must be transported or handed to purchasers in suitable containers for the species and expected duration of the journey.

Regulation 10

SCHEDULE 4 Persons who may not apply for a licence

1.  A person who has at any time held a licence which was revoked under regulation 14 of these Regulations.

2.  A person who is disqualified under section 33 of the Welfare of Animals Act (Northern Ireland) 2011(10).

3.  A person who is disqualified under section 34 of the Act.

4.  A person who is disqualified under section 40(1) and (2) of the Animal Health and Welfare (Scotland) Act 2006(11).

5.  A person who is disqualified under section 6(2) of the Dangerous Wild Animals 1976(12) from keeping a dangerous wild animal.

6.  A person who is disqualified under section 5(3) of the Pet Animals Act 1951(13) from keeping a pet shop.

7.  A person who is disqualified under section 1(1) of the Protection of Animals (Amendment) Act 1954(14) from having custody of an animal.

8.  A person who is disqualified under section 3 of the Protection of Animals Act 1911(15) from the ownership of an animal.

Regulation 24

SCHEDULE 5 Repeals and consequential amendments

Pet Animals Act 1951

1.  The Pet Animals Act 1951, section 1(1) (restriction on keeping a pet shop) ceases to have effect in relation to Wales.

Animal Welfare (Licensing of Activities Involving Animals) (England) Regulations 2018

2.  In Schedule 6(1)(c)(ii) to the Animal Welfare (Licensing of Activities Involving Animals) (England) Regulations 2018(16), for “the Pet Animals Act 1951 to keep the shop” substitute “regulations 2 and 4 of the Animal Welfare (Licensing of Activities Involving Animals) (Wales) Regulations 2021”.

EXPLANATORY NOTE

(This note is not part of the Regulations)

These Regulations provide for the licensing of persons involved in Wales in selling animals as pets.

Regulation 3 specifies these activities for the purposes of section 13(1) of the Animal Welfare Act 2006 (“the 2006 Act”) and provides for local authorities to be the licensing authorities. The consequence of this specification is that, subject to qualifying criteria, any person wishing to carry on any of these activities in Wales must obtain a licence from the local authority under these Regulations. These requirements replace the requirements, in Wales, to obtain a licence under the Pet Animals Act 1951.

A person who carries on any of these activities in Wales without a licence under these Regulations commits an offence under section 13(6) of the 2006 Act and is liable to imprisonment for a term of up to 6 months, a fine or both. Under section 30 of the 2006 Act, local authorities may prosecute for any offence under that Act.

Part 2 of the Regulations sets out how a person may apply to the local authority for a licence and sets out matters in respect of which a local authority must be satisfied when considering the grant or renewal of a licence. It provides for a local authority to charge fees to cover the costs it incurs in performing this function, considering a licence holder’s compliance with these Regulations, enforcement and administration. It specifies that a local authority must attach certain licence conditions to each licence granted or renewed. It provides that a local authority must appoint an inspector when it considers it appropriate, for the purpose of ensuring that the licence conditions are being complied with. It requires a local authority to have regard to guidance issued by the Welsh Ministers in carrying out their functions under these Regulations. It provides powers for inspectors to take samples from animals.

Part 3 sets out the circumstances and procedures under which a licence may be suspended, varied or revoked. It also provides that the breach of a condition of a licence or the obstruction of any inspector appointed for the purposes of enforcement of these Regulations is an offence and applies relevant post-conviction powers contained in the 2006 Act.

Part 4 provides for appeals against licensing decisions by local authorities.

Part 5 makes repeals, consequential amendments and saving provision.

Part 6 sets out that local authorities must provide certain information to the Welsh Ministers.

Schedule 1 describes each type of licensable activity.

Schedule 2 sets out the general conditions that apply to all licensable activities.

Schedule 3 sets out the specific conditions that apply to each licensable activity.

Schedule 4 lists persons who may not apply for a licence.

Schedule 5 provides for repeals and consequential amendments.

The Welsh Ministers’ Code of Practice on the carrying out of Regulatory Impact Assessments was considered in relation to these Regulations. As a result, a regulatory impact assessment has been prepared as to the likely costs and benefits of complying with these Regulations in Wales. A copy can be obtained from the Office of the Chief Veterinary Officer, Welsh Government, Cathays Park, Cardiff CF10 3NQ or by emailing a request to: [e-mail].

(1)

The “appropriate national authority” is defined in section 62(1) of the Animal Welfare Act 2006 (c. 45). Functions conferred on the National Assembly for Wales are now vested in the Welsh Ministers by virtue of section 162 of, and paragraphs 30 and 32 of Schedule 11 to, the Government of Wales Act 2006 (c. 32).

(2)

2006 c. 45.

(3)

By virtue of section 162 of, and paragraph 34 of Schedule 11 to, the Government of Wales Act 2006, the reference in section 61(2) to “House of Parliament” includes Senedd Cymru.

(4)

1971 c. 80.

(5)

1980 c. 43.

(6)

1951 c. 35 (14 & 15 Geo 6).

(7)

S.I. 2009/463.

(8)

S.I. 2014/3266 (W. 333)

(9)

1976 c. 38. The Schedule was substituted in relation to England and Wales by article 2 of S.I. 2007/2465.

(10)

2011 c. 16.

(11)

2006 asp 11.

(12)

1976 c. 38; section 6(2) has been amended but the amendments are not relevant.

(13)

Section 5(3) was amended by paragraph 3(2) of Schedule 3 to the Animal Welfare Act 2006.

(14)

1954 c. 40 (2 & 3 Eliz 2); section 1 was repealed by Schedule 4 to the Animal Welfare Act 2006.

(15)

1911 c. 27 (1 & 2 Geo 5); section 3 was repealed by Schedule 4 to the Animal Welfare Act 2006.

(16)

SI 2014/486