The Animal Welfare (Breeding of Dogs) (Wales) Regulations 2014

PART 4 Suspension, Variation and Revocation of a Licence

Grounds for suspension and variation

14.  A local authority may at any time suspend or vary a licence on being satisfied that—

(a) the matters referred to in regulation 9(1)(a) to (d) are not satisfied;

(b) the licence conditions are not being complied with;

(c) there has been a breach of these Regulations;

(d) information supplied by the licence holder is false; or

(e) it is necessary to protect the welfare of a dog.

Procedure for suspension and variation

15.—(1) A suspension or licence variation under regulation 14 has effect at the end of the period of 7 days beginning with the date of service of the notice of suspension or notice of variation.

(2) If it is necessary to protect the welfare of a dog the local authority may specify in the notice that the suspension or variation has immediate effect.

(3) A notice of suspension or variation must—

(a) state the local authority’s grounds for suspension or variation;

(b) state when it comes into effect;

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

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

(4) Where the notice does not have immediate effect the licence holder may make written representations against the notice to the local authority within 7 days of the date of service of the notice.

(5) Where representations are made under paragraph (4), the suspension or variation does not have effect until the local authority considers the representations and makes a determination on them in accordance with paragraph (6).

(6) The local authority must make a determination on the representations and notify the licence holder in writing, giving its reasons, within 7 days of receipt of those representations.

(7) If a licence has been suspended for more than 28 days the local authority must—

(a) reinstate that suspended licence; or

(b) revoke that suspended licence.

Reinstatement of licence

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

(2) Where a licence is reinstated under paragraph (1) the period for which it is issued may be varied but the licence may not be extended beyond 1 year from the date upon which it was reinstated.

Grounds for revocation of a licence

17.—(1) The local authority may revoke a licence on being satisfied that—

(a) the matters referred to in regulation 9(1)(a) to (d) are not satisfied;

(b) the licence conditions are not being complied with;

(c) there has been a breach of these Regulations;

(d) information supplied by the licence holder is false; or

(e) it is necessary to protect the welfare of a dog.

(2) Where a licence holder is disqualified under any of the enactments listed in regulation 10 their licence is automatically revoked when the time limit for any appeal against that disqualification expires or, if an appeal is made, when that appeal is refused.

Notice of revocation

18.  A notice of revocation must—

(a) state the local authority’s grounds for revocation;

(b) state when it comes into effect; and

(c) set out the right of appeal to a magistrates’ court.