Zoo Licensing Act 1981

Subject to this section it is unlawful to operate a zoo to which this Act applies except under the authority of a licence issued under this Act by the local authority for the area within which the whole or the major part of the zoo is situated.

In this Act “zoo” means an establishment where wild animals (as defined by section 21) are kept for exhibition to the public otherwise than for purposes of a circus (as so defined) and otherwise than in a pet shop (as so defined) F93...

This Act applies to any zoo to which members of the public have access, with or without charge for admission, on seven days or more in any period of twelve consecutive months.

This Act also applies in accordance with its terms to any zoo to which members of the public do not have such access if a licence is in force in respect of it or as otherwise provided (in particular, in sections 13 and 16C to 16G).

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An application to the local authority for a licence for a zoo shall not be entertained by the local authority unless, at least two months before making it, the applicant has given notice in writing to the local authority of his intention to make the application, has published notice of that intention in one local newspaper circulating in the locality and one newspaper with a national circulation and has exhibited a copy of that notice at the site and the said notice shall state that the notice to the local authority may be inspected as provided by subsection (3).

Any notice given to the authority under subsection (1) must also specify how the conservation measures referred to in section 1A are being or will be implemented at the zoo.

Any notice given to the local authority under subsection (1) must also specify how the conservation measures referred to in section 1A are being or will be implemented at the zoo.

Any notice given to the local authority under this section shall, until the disposal of the application to which it relates, be kept available by the authority at their offices for public inspection free of charge at reasonable hours.

On the consideration of an application for a licence the local authority shall take into account any representations made by or on behalf of any of the persons mentioned in subsection (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.

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.

The local authority may refuse to grant a licence for a zoo if F103subsection (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.

If the local authority are not satisfied that any planning permission required under Part III of F97the Town and Country Planning Act 1990 or under F98the 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 F97the said Act of 1990 or, as the case may be, F981997 have notified the local authority that any such planning permission has been or is deemed to be granted

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.

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.

An original licence granted under this Act shall be granted for a period of four years beginning with the date specified in the licence as that on which it is granted or any later date specified in the licence as that on which the licence is to commence.

A fresh licence granted under this Act to the holder of an existing licence shall be granted for a period of six years beginning with the end of the period of the existing licence.

A licence under this Act shall be granted subject to conditions requiring the conservation measures referred to in section 1A to be implemented at the zoo.

In deciding what F11. . . conditions to attach to a licence, a local authority shall have regard to any standards specified by the Secretary of State under section 9 and sent by him to the authority.

The Secretary of State may, after consulting the authority, direct them to attach one or more conditions to a licence, and the authority shall give effect to such a direction.

But he may not direct the authority to attach a condition which is inconsistent with the implementation at the zoo of the conservation measures referred to in section 1A.

The authority shall not attach to a licence any condition inconsistent with one they are so directed to attach.

The authority shall not attach to a licence a condition which relates only or primarily to the health, safety or welfare of persons working in the zoo.

An original licence granted under this Act shall be granted for a period of four years beginning with the date specified in the licence as that on which it is granted or any later date specified in the licence as that on which the licence is to commence.

A fresh licence granted under this Act to the holder of an existing licence shall be granted for a period of six years beginning with the end of the period of the existing licence.

A licence under this Act shall be granted subject to conditions requiring the conservation measures referred to in section 1A to be implemented at the zoo.

In deciding what F61... conditions to attach to a licence, a local authority shall have regard to any standards specified by the Secretary of State under section 9 and sent by him to the authority.

The Scottish Ministers may, after consulting the authority, direct the authority to attach one or more conditions to a licence, and the authority shall give effect to such a direction.

But the Scottish Ministers may not direct the authority to attach a condition which is inconsistent with the implementation at the zoo of the conservation measures referred to in section 1A.

The authority shall not attach to a licence any condition inconsistent with one they are so directed to attach.

The authority shall not attach to a licence a condition which relates only or primarily to the health, safety or welfare of persons working in the zoo.

Where application for a fresh licence is made by the holder of an existing licence, the existing licence shall, if the application is made before the end of the period of that licence or within six months after notice of a direction given to the applicant under subsection (1)(b), continue in force until the application is disposed of or withdrawn F105....

Any extension of the period of an existing licence under subsection (1)(a) shall be granted for a period of six years beginning with the end of the period of the existing licence; and the local authority shall take reasonable steps to secure that the holder of the licence is notified in writing of the extension.

The local authority shall give notice to the holder of any licence granted by that authority, not later than nine months before the end of the period of the licence, of the latest date on which application for renewal may be made under this section.

A licence for a zoo may with the approval of the local authority be transferred to another person, and in that case the transferee shall become the holder of the licence from the date F13specified by the authority and notified by them to the transferor and transferee.

On the death of the holder of a licence, the personal representatives of the deceased are deemed to be the holders of the licence during the period of three months after the death or such longer period as the local authority may approve.

The holder of a licence may at any time surrender it to the local authority who shall thereupon cancel the licence.

A licence for a zoo may with the approval of the local authority be transferred to another person, and in that case the transferee shall become the holder of the licence from the date F62specified by the authority and notified by them to the transferor and transferee.

On the death of the holder of a licence, the personal representatives of the deceased are deemed to be the holders of the licence during the period of three months after the death or such longer period as the local authority may approve.

The holder of a licence may at any time surrender it to the local authority who shall thereupon cancel the licence.

The Secretary of State shall, after consultation with the presidents of the British Veterinary Association, the National Federation of Zoological Gardens and the National Zoological Association and with such other persons as he thinks fit, compile a list consisting of two parts, the first part containing the names of veterinary surgeons and veterinary practitioners falling within subsection (2) and the second part containing the names of persons falling within subsection (3).

The surgeons and practitioners shall have experience of animals of kinds which are kept in zoos or which in the Secretary of State’s opinion might be so kept F106and shall be competent to advise about the implementation in zoos of the conservation measures referred to in section 1A.

Each of the persons shall be competent in the Secretary of State’s opinion to do all the following, namely, to inspect animals in zoos, to advise on keeping them and on their welfare, F107to advise about the implementation in zoos of the conservation measures referred to in section 1A, and to advise on the management of zoos generally.

A person’s name may be contained in both the first and the second parts of the list.

After such consultation, the Secretary of State may vary the list by adding names or deleting them (or both).

Persons on the list may charge the licensing authority such amounts in respect of their services and expenses as the Secretary of State may from time to time determine with the approval of the Minister for the Civil Service.

This section applies where an inspection is to be carried out as mentioned in sections 4(1A), 6(1A) and 16(2B) and (3A).

Where more than one inspection is required under section 16, the authority may combine the inspections.

Subsection (5) does not apply where the inspection is an inspection before the significant alteration of a licence, and the significant alteration the inspectors consider likely to be needed is the same or substantially the same as that which the authority propose to make or the Secretary of State proposes to direct the authority to make.

An inspection required by section 4(1A)(b) or 6(1A)(a) (including an inspection required by section 6(1A)(a) which is combined with another inspection) shall be conducted by one or more inspectors nominated, after consultation with the authority, by the Secretary of State from the list.

An inspection required by subsection (2B)(b) or (3A)(b) of section 16 (including such an inspection which is combined with another such inspection, but not including such an inspection which is combined with an inspection required by section 6(1A)(a)) shall be conducted by one or more persons who appear to the authority to be competent for the purpose and who are authorised by the authority to conduct the inspection.

Before carrying out an inspection in accordance with this section, the authority shall, after consultation with the applicant or operator of the zoo (as the case may be), give him at least twenty-eight days’ notice of the date on which it is proposed to carry it out.

Except in the case of an inspection carried out before the grant or refusal of an original licence, the inspector shall consider whether the conditions attached to the licence are met.

In the case of an inspection carried out before the grant or refusal of a licence, the inspector shall consider whether the conditions proposed by the authority under section 4(1A)(a) are likely to be met if the licence is granted.

In the case of an inspection carried out before the period of an existing licence is extended, the inspector shall consider whether the conditions attached to the licence are likely to be met if the period of the licence is extended.

Except in the case of an inspection carried out before the grant or refusal of an original licence, the inspector may require the production of all records kept by the holder of the licence in pursuance of conditions requiring the conservation measures referred to in section 1A(f) to be implemented at the zoo, and the holder shall produce the records.

The inspector shall send his report to the authority, and within one month after receiving the report of the inspection the authority shall send a copy to the applicant or operator (as the case may be) and give him an opportunity to comment on it.

This section applies where an inspection is to be carried out as mentioned in sections 4(1A)(b), 6(1A)(a) and 16(2B)(b) and (3A)(b).

Where more than one inspection is required under section 16, the authority may combine the inspections.

Subsection (5) does not apply where the inspection is an inspection before the significant alteration of a licence, and the significant alteration the inspectors consider likely to be needed is the same or substantially the same as that which the local authority propose to make or the Scottish Ministers propose to direct the authority to make.

An inspection required by section 4(1A)(b) or section 6(1A)(a) (including an inspection required by section 6(1A)(a) which is combined with another inspection) shall be conducted by one or more inspectors nominated, after consultation with the local authority, by the Scottish Ministers from the list.

An inspection required by section 16(2B)(b) or (3A)(b) (including such an inspection which is combined with another such inspection, but not including such an inspection which is combined with an inspection required by section 6(1A)(a)) shall be conducted by one or more persons who appear to the authority to be competent for the purpose and who are authorised by the local authority to conduct the inspection.

Before an inspection is carried out in accordance with this section the authority shall, after consultation with the applicant or operator of the zoo (as the case may be), give the applicant or operator of the zoo at least twenty eight days' notice of the date on which it is proposed to carry it out.

Except in the case of an inspection carried out before the grant or refusal of an original licence, the inspector shall consider whether the conditions attached to the licence are met.

In the case of an inspection carried out before the grant or refusal of a licence, the inspector shall consider whether the conditions proposed by the authority under section 4(1A)(a) are likely to be met if the licence is granted.

In the case of an inspection carried out before the period of an existing licence is extended, the inspector shall consider whether the conditions attached to the licence are likely to be met if the period of the licence is extended.

Except in the case of an inspection carried out before the grant or refusal of an original licence, the inspector may require the production of all records kept by the holder of the licence in pursuance of conditions imposed to ensure that the conservation measures referred to in section 1A(f) are implemented at the zoo and the holder of the licence shall produce the records.

The inspector shall send his report to the authority, and within one month after receiving the report of the inspection the authority shall send a copy to the applicant or operator of the zoo (as the case may be) and give the applicant or operator an opportunity to comment on it.

The local authority shall carry out periodical inspections in accordance with this section of any zoo for which a licence granted by that authority is in force.

Before any such inspection the local authority shall, after consultation with the operator of the zoo, give him at least twenty-eight days notice of the date upon which it is proposed to carry it out.

The inspectors shall send their report to the local authority, and the report may include advice on the keeping of records and recommendations for any practicable improvements designed to bring any features of the zoo up to the normal standards of modern zoo practice; and for this purpose the inspectors shall have regard to any standards known to them which have been specified by the Secretary of State under section 9.

Any disagreement between the inspectors over recommendations to be made in their report relating to the welfare of the animals or any of them may be referred to the Secretary of State, who may, after consultation with such persons on the list as he thinks fit, give such guidance as he thinks proper in regard to the recommendations to be made.

Within one month after receiving the report of the inspection the local authority shall send a copy to the operator of the zoo and give him an opportunity to comment on it.

The local authority shall carry out periodical inspections in accordance with this section of any zoo for which a licence granted by that authority is in force.

Before any such inspection the local authority shall, after consultation with the operator of the zoo, give him at least twenty-eight days notice of the date upon which it is proposed to carry it out.

The inspectors shall send their report to the local authority, and the report may include advice on the keeping of records and recommendations for any practicable improvements designed to bring any features of the zoo up to the normal standards of modern zoo practice; and for this purpose the inspectors shall have regard to any standards known to them which have been specified by the Secretary of State under section 9.

Any disagreement between the inspectors over recommendations to be made in their report relating to the welfare of the animals or any of them may be referred to the Secretary of State, who may, after consultation with such persons on the list as he thinks fit, give such guidance as he thinks proper in regard to the recommendations to be made.

Within one month after receiving the report of the inspection the local authority shall send a copy to the operator of the zoo and give him an opportunity to comment on it.

A special inspection under this section shall be conducted by persons who appear to the local authority to be competent for the purpose and who are authorised by the authority to conduct the inspection.

Where the purpose of the inspection relates to the health of animals, the inspectors shall include (or, if one, the inspector shall be) a veterinary surgeon or veterinary practitioner with experience of animals of kinds kept in the zoo.

On appointing persons under subsection (2), the authority shall communicate to them and to the operator of the zoo the purpose and scope of the inspection.

Paragraphs (c) to (e) of subsection (4) and subsections (5) to (7) of section 10 apply to a special inspection as they apply to a periodical inspection except that the references in subsections (4)(d), (4)(e) and (5) to features and records and improvements are references only to features and records and improvements relevant to the purpose and scope of the special inspection.

Subsection (4)(c) of section 10 and subsections (2), (3) and (4) of section 11 apply to an inspection under this section as they apply to an inspection under those sections.

The inspectors may require the production of all records of the zoo’s collection kept by the operator of the zoo, and the operator shall produce the records.

The inspectors shall send their report to the authority, and, except where the operator of the zoo cannot after reasonable enquiries have been made be found, the authority shall send a copy to the operator forthwith and give him an opportunity to comment on it.

Section 10(4)(c) and section 11(2), (3) and (4) apply to an inspection under this section as they apply to an inspection under those sections.

The inspectors may require the production of all records of the zoo’s collection kept by the operator of the zoo, and the operator shall produce the records.

The inspectors shall send their report to the authority, and except where, after reasonable enquiries have been made, the operator of the zoo cannot be found, the authority shall send a copy to the operator forthwith and give him an opportunity to comment on it.

Without prejudice to sections F1099A, 10 and 11, the local authority shall make such arrangements as they think fit to ensure that any zoo for which a licence granted by that authority is in force is inspected informally by an inspector once in any calendar year in which no inspection is made under those sections.

The inspector shall be appointed by the authority and shall be a person appearing to the authority to be competent for the purpose of the inspection.

When a local authority is the owner of a zoo to which this Act applies, this Act shall apply with the following additions and modifications.

As soon as practicable after granting a licence for the zoo, or extending the period of a licence, or receiving an inspectors’ report made in pursuance of an inspection of the zoo under this Act, the authority shall send to the Secretary of State a copy of the licence, or notification in writing of the extension, or a copy of the report (as the case may be).

The authority shall send with the copy of the report any comments on it which they may have.

For the purposes of an inspection under subsection (9), inspectors may require the production of all records of the zoo’s collection kept by the operator, and the operator shall produce the records.

Subsection (4)(c) of section 10 applies to an inspection under subsection (9) as it applies to an inspection under that section.

References in this Act to “a zoo closure direction” are to a direction requiring a zoo to be permanently closed to the public.

When a local authority is the owner of a zoo to which this Act applies, this Act shall apply with the following additions and modifications.

As soon as practicable after granting a licence for the zoo, or extending the period of a licence, or receiving an inspectors’ report made in pursuance of an inspection of the zoo under this Act, the authority shall send to the Secretary of State a copy of the licence, or notification in writing of the extension, or a copy of the report (as the case may be).

The authority shall send with the copy of the report any comments on it which they may have.

Section 16(1B) applies as if for “authority shall make such alterations to the licence as they consider” there were substituted “the Scottish Ministers shall direct the authority to make such alterations to the licence as they consider”.

For the purposes of an inspection under subsection (9), inspectors may require the production of all records of the zoo’s collection kept by the operator, and the operator shall produce the records.

Section 10(4)(c) applies to an inspection under subsection (9) as it applies to an inspection under that section.

References in this Act to “a zoo closure direction” are to a direction requiring a zoo to be closed permanently to the public.

The Secretary of State may only make a direction under subsection (1) where he is satisfied that it is not prejudicial to the protection of wild animals and the conservation of biodiversity to do so.

F21Subject to subsection (3A), any direction made under subsection (1) or (2) may be revoked or varied by a further direction of the Secretary of State made after he has consulted the local authority and such persons on the list as he thinks fit.

The Secretary of State may only vary a direction made under subsection (1) where he is satisfied that it is not prejudicial to the protection of wild animals and the conservation of biodiversity to do so.

While a direction under subsection (1)

has effect, this Act, or sections 10 and 11, or either of them, shall not apply to the zoo (depending on the terms of the direction and any variation made by a further direction under subsection (3)).

While a direction under subsection (2)

has effect, this Act shall apply to the zoo with the modifications specified in the direction (subject to any variation made by a further direction under subsection (3)).

The Secretary of State shall take reasonable steps to secure that the local authority and any person who operates the zoo are notified in writing of any direction made under subsection (1), (2) or (3).

The Scottish Ministers may only make a direction under subsection (1) where they are satisfied that it is not prejudicial to the protection of wild animals and the conservation of biodiversity to do so.

F70Subject to subsection (3A), any direction made under subsection (1) or (2) may be revoked or varied by a further direction of the Secretary of State made after he has consulted the local authority and such persons on the list as he thinks fit.

The Scottish Ministers may only vary a direction made under subsection (1) where they are satisfied that it is not prejudicial to the protection of wild animals and the conservation of biodiversity to do so.

While a direction under subsection (1)

has effect, this Act, or sections 10 and 11, or either of them, shall not apply to the zoo (depending on the terms of the direction and any variation made by a further direction under subsection (3)).

While a direction under subsection (2)

has effect, this Act shall apply to the zoo with the modifications specified in the direction (subject to any variation made by a further direction under subsection (3)).

The Secretary of State shall take reasonable steps to secure that the local authority and any person who operates the zoo are notified in writing of any direction made under subsection (1), (2) or (3).

Any fee charged under paragraph (a) of subsection (1) in respect of an application shall be treated as paid on account of the fee charged under paragraph (b) on the grant, renewal or transfer applied for.

The authority’s charge under subsection (2A)(d) shall take into account any sums that have been, or will fall to be, deducted by them from a payment under section 16F(7) in respect of their costs.

In respect of any fee or other sum charged under this section, the local authority may, if so requested by the operator, accept payment by instalments.

Any fee or other charge payable under this section by any person shall be recoverable by the local authority as a debt due from him to them.

The local authority shall secure that the amount of all the fees and other sums charged by them under this section in a year is sufficient to cover the F27reasonable expenditure incurred by the authority in the year by virtue of this Act.

Any fee charged under paragraph (a) of subsection (1) in respect of an application shall be treated as paid on account of the fee charged under paragraph (b) on the grant, renewal or transfer applied for.

The authority’s charge under subsection (2A)(d) shall take into account any sums that have been, or will fall to be, deducted by them from a payment under section 16F(7) in respect of their costs.

In respect of any fee or other sum charged under this section, the local authority may, if so requested by the operator, accept payment by instalments.

Any fee or other charge payable under this section by any person shall be recoverable by the local authority as a debt due from him to them.

The local authority shall secure that the amount of all the fees and other sums charged by them under this section in a year is sufficient to cover the F75reasonable expenditure incurred by the authority in the year by virtue of this Act.

At any time after the grant of a licence under this Act, it may be altered by the local authority if in their opinion it is necessary or desirable to do so for ensuring the proper conduct of the zoo during the period of the licence (whether their opinion arises from an inspectors’ report or an alteration of standards specified under section 9 or otherwise).

The authority shall make such alterations to the licence as they consider to be necessary or desirable to ensure that the section of the zoo in relation to which they are satisfied that the condition is not met is closed permanently to the public.

Before exercising the power under subsection (1), the local authority shall give the holder of the licence an opportunity to make representations.

Subsection (2B) applies in place of subsection (2) where the authority propose to make under subsection (1) a significant alteration to a licence (not being one to which subsection (3A) applies), except where the alteration is in accordance with the recommendations in a report pursuant to section 9A(5)(c).

Subject to subsections (3A) and (3B), at any time after the grant of a licence under this Act, the Secretary of State may, after consulting the authority, direct them to alter the licence, and the authority shall give effect to such a direction within a reasonable time.

The Secretary of State may not direct the authority to make an alteration to the licence which is inconsistent with the implementation at the zoo of the conservation measures referred to in section 1A.

An alteration under this section may be made by varying, cancelling or attaching conditions or by a combination of any of those methods.

Subject to subsection (3), the authority shall secure that upon its alteration a licence contains such conditions as the authority think necessary or desirable for requiring the conservation measures referred to in section 1A to be implemented at the zoo.

The authority shall secure that the terms of any condition attached to a licence are not inconsistent with the terms of a condition attached or varied in pursuance of a direction of the Secretary of State.

No alteration made under F32this section shall have effect until written notification of it has been received by the holder of the licence; and this subsection is without prejudice to section 18(7) F33and (7A).

At any time after the grant of a licence under this Act, it may be altered by the local authority if in their opinion it is necessary or desirable to do so for ensuring the proper conduct of the zoo during the period of the licence (whether their opinion arises from an inspectors’ report or an alteration of standards specified under section 9 or otherwise).

The authority shall make such alterations to the licence as they consider to be necessary or desirable to secure that the section of the zoo in relation to which they are satisfied that the condition is not met is closed permanently to the public.

Before exercising the power under subsection (1), the local authority shall give the holder of the licence an opportunity to make representations.

Subsection (2B) applies in place of subsection (2) where the authority propose to make under subsection (1) a significant alteration to a licence (not being one to which subsection (3A) applies), except where the alteration is in accordance with the recommendations in a report pursuant to section 9A(5)(c).

Subject to subsections (3A) and (3B), at any time after the grant of a licence under this Act, the Scottish Ministers may, after consulting the authority, direct them to alter the licence, and the authority shall give effect to such a direction within a reasonable time.

The Scottish Ministers may not direct the authority to make an alteration to the licence which is inconsistent with the implementation at the zoo of the conservation measures referred to in section 1A.

An alteration under this section may be made by varying, cancelling or attaching conditions or by a combination of any of those methods.

Subject to subsection (3), the local authority shall secure that upon its alteration a licence contains such conditions as the authority think necessary or desirable for requiring the conservation measures referred to in section 1A to be implemented at the zoo.

The authority shall secure that the terms of any condition attached to a licence are not inconsistent with the terms of a condition attached or varied in pursuance of a direction of the Secretary of State.

No alteration made under F88this section shall have effect until written notification of it has been received by the holder of the licence; and this subsection is without prejudice to section 18(7) F89and (7A).

Subsection (2) applies where the local authority, after giving the licence holder an opportunity to be heard, are not satisfied that a condition attached to a licence granted by them under this Act is met in relation to the zoo or a section of it.

This subsection applies if the authority have power to make a zoo closure direction under section 16B(5) and they exercise that power.

The authority may, after giving the licence holder an opportunity to be heard, make a direction under this subsection varying a direction under subsection (2) (including such a direction as varied by a direction under this subsection).

A direction under subsection (4) may increase the period specified in the direction under subsection (2)(c) or (d), but the period as increased must not exceed two years beginning with the date of the direction under subsection (2).

A direction under subsection (2) (including such a direction as varied by a direction under subsection (4)) may be revoked by a further direction of the authority.

Subsection (2) applies where the local authority, after giving the licence holder an opportunity to be heard, are not satisfied that a condition attached to a licence granted by them under this Act is met in relation to the zoo or a section of it.

This subsection applies if the authority have power to make a zoo closure direction under section 16B(5) and they exercise that power.

The authority may, after giving the licence holder an opportunity to be heard, make a direction under this subsection varying a direction under subsection (2) (including such a direction as varied by a direction under this subsection).

A direction under subsection (4) may increase the period specified in the direction under subsection (2)(c) or (d) but the period as increased must not exceed two years beginning with the date of the direction under subsection (2).

A direction under subsection (2) (including such a direction as varied by a direction under subsection (4)) may be revoked by a further direction of the local authority.

The authority shall make a zoo closure direction in respect of a zoo licensed under this Act where they are satisfied, after reasonable enquiries have been made, that the licence holder cannot be found.

No zoo closure direction may be made under subsection (5)(a) or (b) on grounds involving the care or treatment of animals unless the authority have first consulted such persons on the list as the Secretary of State may nominate for the purposes of this subsection.

Where the authority make a zoo closure direction in respect of a zoo under this section, the zoo’s licence is revoked from the date on which the direction has effect (in accordance with section 18(10)).

The authority shall make a zoo closure direction in respect of a zoo licensed under this Act where they are satisfied, after reasonable enquiries have been made, that the operator cannot be found.

No zoo closure direction may be made under subsection (5)(a) or (b) on grounds involving the care or treatment of animals unless the authority have first consulted such persons on the list as the Scottish Ministers may nominate for the purposes of this subsection.

Where the authority make a zoo closure direction in respect of a zoo under this section, the zoo’s licence is revoked from the date on which the direction has effect.

If the authority are satisfied, after reasonable enquiries have been made, that the operator of a zoo to which this section applies cannot be found, they shall make a zoo closure direction in respect of the zoo.

This section applies where the local authority are of the view that a zoo is being operated without a licence in contravention of the Act.

If the authority are satisfied, after reasonable enquiries have been made, that the operator of a zoo to which this section applies cannot be found, they shall make a zoo closure direction in respect of the zoo.

Section 16E applies to a section of a zoo which is closed permanently to the public by virtue of alterations to the zoo’s licence under section 16(1B), from the date on which those alterations have effect (in accordance with section 18(7A)).

If a section of a zoo which was closed permanently to the public by virtue of alterations to the zoo’s licence under section 16(1B) reopens pursuant to further alterations to the licence, section 16E shall cease to apply to that section.

Section 16E applies to a section of a zoo which is closed permanently to the public by virtue of alterations to the zoo’s licence under section 16(1B), from the date on which those alterations have effect (in accordance with section 18(7A)).

If a section of a zoo which was closed permanently to the public by virtue of alterations to the zoo’s licence under section 16(1B) reopens pursuant to further alterations to the licence, section 16E shall cease to apply to that section.

Subsections (2) to (7) apply to a zoo to which this section applies unless the local authority are satisfied, after reasonable enquiries have been made, that the operator of the zoo cannot be found.

The operator shall supply the authority with any information they request about the care or disposal of animals kept in the zoo.

Where the authority notify the operator that they approve a plan prepared under subsection (2), he shall implement it under the supervision of the authority.

Where the authority are satisfied, after reasonable enquiries have been made, that the operator of the zoo cannot be found, they shall make arrangements for the future care of the animals kept in the zoo, or for their disposal and for their care until they are disposed of.

Arrangements for the care or disposal of animals under this section shall not be prejudicial to the protection of wild animals and the conservation of biodiversity.

The authority may make a direction varying or revoking a direction under subsection (6) (including such a direction as varied by a direction under this subsection), but, unless they are satisfied, after reasonable enquiries have been made, that the operator cannot be found, they shall not do so without first giving him an opportunity to be heard.

Where this section applies by virtue of section 16D(3), references in this section to a zoo shall be read as references to that section of the zoo which is closed permanently to the public.

Subsections (2) to (7) apply to a zoo to which this section applies unless the local authority are satisfied, after reasonable enquiries have been made, that the operator of the zoo cannot be found.

The operator of the zoo shall supply the authority with any information they request about the care or disposal of animals kept in the zoo.

Where the authority notify the operator of the zoo that they approve a plan prepared under subsection (2), the operator shall implement it under the supervision of the authority.

Where the authority are satisfied, after reasonable enquiries have been made, that the operator of the zoo cannot be found, they shall make arrangements for the future care of the animals kept in the zoo, or for their disposal and for their care until they are disposed of.

Arrangements for the care or disposal of animals under this section shall not be prejudicial to the interests of the protection of wild animals and the conservation of biodiversity.

The authority may make a direction varying or revoking a direction under subsection (6) (including such a direction as varied by a direction under this subsection), but unless they are satisfied, after reasonable enquiries have been made, that the operator cannot be found, they shall not do so without first giving him an opportunity to be heard.

Where this section applies by virtue of section 16D(3), references in this section to a zoo shall be read as references to that section of the zoo which is closed permanently to the public.

This section applies where a local authority are required to make arrangements under subsection (7) or (8) of section 16E.

Where an animal is sold or given away under subsection (2), any person to whom the animal is sold or given shall have a good title to it.

Subsections (5) to (9) apply when the authority have sold all the animals which are to be sold under subsection (2).

Subject to subsection (8), the authority shall pay to the operator of the zoo a sum equal to the total proceeds of the sales of animals falling within subsection (6), less any part of the charge which the authority are entitled to make under section 15(2A)(d) which has not been paid.

An animal falls within this subsection if the authority are satisfied that it was owned by the operator of the zoo immediately before its sale under subsection (2) (whether or not they were so satisfied when they exercised their power of sale under that subsection).

Where the authority have identified a person other than the operator whom they are satisfied was the owner of an animal immediately before its sale under subsection (2), they shall (subject to subsection (8)) pay to that person a sum equal to the proceeds of the sale of that animal, less the costs incurred by them in connection with the sale and in caring for the animal before the sale.

If the person to whom the authority are required to make a payment under subsection (5) or (7) cannot be found before the end of the period of four months beginning with the date of the sale of the last animal which is to be sold under subsection (2), the proceeds of sale shall vest in the authority.

Any remaining proceeds of the sales under subsection (2) shall vest in the authority.

An authority must make any payment they are required to make under subsection (5) or (7) before the end of the period of four months beginning with the date of the sale of the last animal which is to be sold under subsection (2), but they shall not make such a payment before the end of the period of one month beginning with the date of that sale.

Nothing in this section shall prevent an authority from making arrangements, on the advice of a veterinary surgeon or practitioner, for an animal to be put down without delay where it is necessary or expedient to do so in the interests of its welfare.

This section applies where a local authority are required to make arrangements under section 16E(7) or (8).

Where an animal is sold or given away under subsection (2) above, any person to whom the animal is sold or given shall have a good title to it.

Subsections (5) to (9) apply when the authority have sold all the animals which are to be sold under subsection (2).

Subject to subsection (8), the authority shall pay to the operator of the zoo a sum equal to the total proceeds of the sales of animals falling within subsection (6), less any part of the charge which the authority are entitled to make under section 15(2A)(d) which has not been paid.

An animal falls within this subsection if the authority are satisfied that it was owned by the operator of the zoo immediately before its sale under subsection (2) (whether or not they were so satisfied when they exercised their power of sale under that subsection).

Where an animal is not owned by the operator and the authority have identified a person whom they are satisfied was the owner of an animal immediately before its sale under subsection (2), they shall (subject to subsection (8)) pay to that person a sum equal to the proceeds of the sale of that animal, less the costs incurred by them in connection with the sale and in caring for the animal before the sale.

If the person to whom the authority is required to make a payment under subsection (5) or (7) cannot be found before the end of the period of four months beginning with the date of the sale of the last animal which is to be sold under subsection (2), the proceeds of sale shall vest in the authority.

Any remaining proceeds of the sales under subsection (2) shall vest in the authority.

An authority must make any payment they are required to make under subsection (5) or (7) before the end of the period of four months beginning with the date of the sale of the last animal which is to be sold under subsection (2), but they shall not make such payment before the end of the period of one month beginning with the date of that sale.

Nothing in this section shall prevent an authority from making arrangements, on the advice of a veterinary surgeon or practitioner, for an animal to be put down without delay where it is necessary or expedient to do so in the interests of its welfare.

References in this section, other than at subsection (2)(a), to an animal owned by the operator of the zoo include an animal which is owned by the operator jointly with any other person.

Subsection (1) shall not authorise entry into any part of the premises of the zoo which is used as a private dwelling.

A person duly authorised for the purposes of subsection (3) shall, if so required, produce his authority and warrant before entering the premises of the zoo or part of the premises to which the warrant relates (as the case may be).

Subsection (1) shall not authorise entry into any part of the premises of the zoo which is used as a private dwelling.

A person duly authorised for the purposes of subsection (3) shall, if so required, produce his authority and warrant before entering the premises of the zoo or part of the premises to which the warrant relates (as the case may be).

No licence may be revoked under subsection (1)(a) or (b) on grounds involving the care or treatment of animals unless the authority first consults such persons on the list as the Secretary of State may nominate for the purposes of this subsection.

The local authority shall take reasonable steps to secure that the holder of the licence is notified in writing of their decision to revoke the licence.

Any such appeal shall be brought within F42twenty-eight days from the date on which the person wishing to appeal receives written notification of the authority’s decision F43as to the matter in question; but an appeal may be brought under this section whether or not the authority’s decision was made in pursuance of a direction of the Secretary of State under this Act.

On an appeal under this section to a magistrates’ court, the court may confirm, vary or reverse the local authority’s decision and generally give such directions as it thinks proper, having regard to the provisions of this Act.

On an appeal under this section to the sheriff, he shall have power (without prejudice to any other power which he may have) to confirm, vary or reverse the local authority’s decision and to award such expenses as he thinks fit.

The procedure on an appeal to a magistrates’ court under this section shall be by way of complaint for an order, and the M1Magistrates’ Courts Act 1980 shall apply to the proceedings.

The decision of the sheriff on an appeal under this section shall be final.

Any such appeal shall be brought within F86twenty-eight days from the date on which the person wishing to appeal receives written notification of the authority’s decision F87as to the matter in question; but an appeal may be brought under this section whether or not the authority’s decision was made in pursuance of a direction of the Secretary of State under this Act.

On an appeal under this section to a magistrates’ court, the court may confirm, vary or reverse the local authority’s decision and generally give such directions as it thinks proper, having regard to the provisions of this Act.

On an appeal under this section to the sheriff, he shall have power (without prejudice to any other power which he may have) to confirm, vary or reverse the local authority’s decision and to award such expenses as he thinks fit.

The procedure on an appeal to a magistrates’ court under this section shall be by way of complaint for an order, and the M2Magistrates’ Courts Act 1980 shall apply to the proceedings.

The decision of the sheriff on an appeal under this section shall be final.

If a zoo is operated without a licence in contravention of this Act, the operator is guilty of an offence.

If the operator of a zoo fails without reasonable excuse to comply with any condition for the time being attached to a licence for the zoo granted under this Act and held by him, he is guilty of an offence.

Any person who intentionally obstructs an inspector acting pursuant to this Act is guilty of an offence.

Any person who intentionally obstructs a person duly authorised for the purposes of section 16G(1) or (3) and acting pursuant to that authorisation is guilty of an offence.

If the holder of a licence for a zoo fails without reasonable excuse to comply with a requirement in a direction under section 16A(2)(d) to close the zoo or a section of it to the public in accordance with the direction, he is guilty of an offence.

If any person notified in writing of a zoo closure direction pursuant to section 19A(1) or (2) fails without reasonable excuse to comply with that direction he is guilty of an offence.

If the operator of a zoo fails without reasonable excuse to comply with a local authority’s request for information under section 16E(3), he is guilty of an offence.

If the operator of a zoo fails without reasonable excuse to comply with a direction under section 16E(6) of which he is notified in writing pursuant to section 19A(1), he is guilty of an offence.

If, contrary to section 4(8), the holder of a licence for a zoo fails without reasonable excuse to display the zoo licence or a copy of it publicly at each public entrance to the zoo, he is guilty of an offence.

A person guilty of an offence under this section is liable on summary conviction to a fine not exceeding F47level 4 on the standard scale for an offence under subsection (1) F48, (2), (3A), (3B), (3C), (3E), or (3F) and F49level 3 on the standard scale for an offence under subsection (3) F50, (3D) or (3G).

Where an offence under this section committed by a body corporate is proved to have been committed with the consent or connivance of, or to have been attributed to any neglect on the part of, any director, manager, secretary or any other similar officer of the body corporate, or any person who was purporting to act in any such capacity, he, as well as the body corporate, is guilty of that offence and liable to be proceeded against and punished accordingly.

If a zoo is operated without a licence in contravention of this Act, the operator is guilty of an offence.

If the operator of a zoo fails without reasonable excuse to comply with any condition for the time being attached to a licence for the zoo granted under this Act and held by him, he is guilty of an offence.

Any person who intentionally obstructs an inspector acting pursuant to this Act is guilty of an offence.

Any person who intentionally obstructs a person duly authorised for the purposes of section 16G(1) or (3) and acting pursuant to that authorisation is guilty of an offence.

If the holder of a licence for a zoo fails without reasonable excuse to comply with a direction given under section 16A(2)(d) to close the zoo, or a section of it to the public, for a period, the holder is guilty of an offence.

If any person notified in writing of a zoo closure direction pursuant to section 19A(1) or (2) fails without reasonable excuse to comply with that direction, the operator is guilty of an offence.

If the operator of a zoo fails without reasonable excuse to comply with a local authority’s request for information under section 16E(3), the operator is guilty of an offence.

If the operator of a zoo fails without reasonable excuse to comply with a direction given under section 16E(6), the operator is guilty of an offence.

If, contrary to section 4(8), the holder of a licence for a zoo fails without reasonable excuse to display the zoo licence or a copy of it publicly at each public entrance to the zoo the holder of the licence is guilty of an offence.

A person guilty of an offence under this section is liable on summary conviction to a fine not exceeding F51level 4 on the standard scale for an offence under subsection (1)F83, (2), (3A), (3B), (3C), (3E) or (3F) and F52level 3 on the standard scale for an offence under subsection (3)F84, (3D) or (3G).

Where an offence under this section committed by a body corporate is proved to have been committed with the consent or connivance of, or to have been attributed to any neglect on the part of, any director, manager, secretary or any other similar officer of the body corporate, or any person who was purporting to act in any such capacity, he, as well as the body corporate, is guilty of that offence and liable to be proceeded against and punished accordingly.

Where a local authority make a direction under this Act, they shall take reasonable steps to secure that the operator of the zoo is notified in writing of it.

But where the operator of the zoo cannot, after reasonable enquiries have been made, be found, the authority shall take reasonable steps to secure that any person appearing to them to be responsible for the zoo is notified in writing of the direction.

The operator of a zoo or other person notified in writing of a direction pursuant to subsection (2) shall comply with a direction under this Act made in respect of that zoo.

Where a local authority make a direction under this Act, they shall take reasonable steps to secure that the operator of the zoo is notified in writing of it.

But where, after reasonable enquiries have been made, the operator of the zoo cannot be found, the authority shall take reasonable steps to secure that any person appearing to them to be responsible for the zoo is notified in writing of the direction.

The operator of a zoo or other person notified in writing of a direction pursuant to subsection (2) shall comply with a direction under this Act made in respect of that zoo.

In this Act—

• “animals” means animals of the classes Mammalia, Aves, Reptilia, Amphibia, Pisces and Insecta and any other multi cellular organism that is not a plant or a fungus and “wild animals” means animals not normally domesticated in Great Britain;

• “circus” means a place where animals are kept or introduced wholly or mainly for the purpose of performing tricks or manoeuvres at that place;

• “keeper” includes any person employed under the directions of a keeper;

• “the list” means the list compiled by the Secretary of State under section 8;

• “pet shop” means premises for whose keeping as a pet shop a licence is in force, or is required, under the M3Pet Animals Act 1951;

• “taxonomic category” means a group or assemblage of species recognised as an entity in scientific classification;

• “zoo” has the meaning assigned by section 1(2).

• F110“zoo closure direction” has the meaning assigned by section 13(12).

Nothing in this Act and nothing done under it shall prejudice or affect the operation of any of the relevant statutory provisions (whenever made) as defined in Part I of the M4Health and Safety at Work etc. Act 1974.

For the purpose of the said Act an animal shall be treated as kept in a zoo when it is elsewhere in the personal possession of the operator of the zoo, or of competent persons acting on his behalf.

The amendments made to this Act by the 2002 Regulations have effect in relation to England only, and accordingly, in the application of this Act in relation to Wales, the Act continues to have effect without the amendments made by the 2002 Regulations.

This subsection is subject to any regulations which may be made under section 2(2) of the European Communities Act 1972 by the National Assembly for Wales.

In this section “the 2002 Regulations” means the Zoo Licensing Act 1981 (Amendment) (England and Wales) Regulations 2002.

This Act may be cited as the Zoo Licensing Act 1981.

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

This Act does not extend to Northern Ireland.