PART 2 Issuing of licences

Granting and renewing of licence
4. (1) A local authority—
(a) must, on the receipt of an application in writing for a licence giving such information as the local authority may require, grant a licence to an operator, or renew a licence, if it is satisfied that the licensing conditions are or will be met and any appropriate fee has been paid in accordance with regulation 7 and not otherwise;
(b) must carry out an inspection of a track to satisfy itself that the licensing conditions are or will be met before granting or renewing a licence; and
(c) may grant or renew a licence for any period of up to 3 years.
(2) In considering whether the licensing conditions will be met, a local authority is entitled to take account of the applicant’s conduct as the operator of the track to which the licence relates or in relation to any other track, or any other circumstances that are relevant.
(3) All licences granted under paragraph (1) are subject to the licensing conditions.

People who may not apply for a licence
5. No person may apply for a licence if they are disqualified under—
(a) section 34 of the Animal Welfare Act 2006;
(b) section 3(3) of the Animal Boarding Establishments Act 1963 from keeping a boarding establishment for animals;
1963 c. 43; section 3(3) was amended by Schedule 3, paragraph 5(2) of the Animal Welfare Act 2006.
(c) section 3(3) of the Breeding of Dogs Act 1973 from keeping a breeding establishment;
1973 c. 60; section 3(3) was amended by section 5(1) of the Breeding and Sale of Dogs (Welfare) Act 1999.
(d) section 5(3) of the Pet Animals Act 1951 from keeping a pet shop;
1951 c. 35; section 5(3) was amended by Schedule 3, paragraph 3(2) of the Animal Welfare Act 2006.
(e) section 4(3) of the Riding Establishments Act 1964 from keeping a riding establishment;
1964 c. 70; section 4(3) was amended by Schedule 3, paragraph 6(2) of the Animal Welfare Act 2006.
(f) section 1 of the Protection of Animals (Amendment) Act 1954 from having custody of an animal; or
1954 c. 40; sections 1,2 and 4(1) were repealed by Schedule 4 of the Animal Welfare Act 2006.
(g) section 3 of the Protection of Animals Act 1911 from the ownership of an animal;
1911 c. 27 this Act was repealed by Schedule 4 of the Animal Welfare Act 2006.
and any licence issued to a person so disqualified is invalid.

Death of a licence holder
6. (1) In the event of the death of the operator who has been issued with a licence, that licence is deemed to have been granted to personal representatives of the licensed operator in respect of that track and remains in force for a period of three months beginning with the death, but remains subject to the provisions in Part 3.
(2) The personal representatives must notify the local authority which issued the licence that they are now the operators of the track within 4 weeks of the death of the licensed operator.

Fees
7. (1) A local authority may charge such fees as it considers necessary—
(a) for the consideration of an application for a licence; and
(b) for the grant or renewal of a licence.
(2) The fee charged for the consideration of an application for a licence must not exceed the reasonable costs of carrying out that consideration.
(3) The fee charged for granting or renewing a licence must not exceed the sum of the costs of making the grant or renewal and the reasonable anticipated costs of future monitoring of compliance with these Regulations by the operator named in the licence.