Zoo Licensing

Zoo Licensing Act 1981

as amended by Zoo Licensing Act 1981 Amendment (Scotland) Regulations 2003

(nos in brackets relate to relevant section of the legislation)

Definitions

Zoo: an establishment where wild animals are kept for exhibition (other than a circus or pet shop) 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.
(also includes zoo where public are not admitted if a licence is in force – 1(2B))

Wild animals: animals not normally domesticated in Great Britain.

Application for zoo licence (2) Notice must be given to LA at least 2 months in advance of intention to apply and notice placed in local & national newspaper + notice at site that notice to LA can be inspected by public at LA office. Notice must include conservation measures covered by Section 1A.
Notice must specify situation of zoo & include

• kinds of animals(in taxonomic category)approx nos., accommodation etc
• approx. nos & categories of staff
• approx. nos of visitors & vehicles provided for
• approx. position & no of access points

Consideration of Application(3) LA must consider representations from

• the applicant
• the Chief Constable
• the fire authority
• any national institution concerned with operation of zoos (governing body)
• any objector on grounds of  health & safety of persons in neighbourhood
• any other person with proper objections

Grant or refusal of licence(4) - LA shall consider inspectors’ report +

• consult the applicant re conservation measures & conditions to be applied
• arrange for inspection under 9A

Refusal - if LA

• satisfied the establishment or continuance of the zoo would injuriously affect  H or S of persons in neighbourhood or seriously affect preservation of law & order
• Not satisfied conservation measures implemented satisfactorily (4(2A))
• Not satisfied with standards of accommodation, staffing or management(4(2))
• Satisfied applicant/corporate body/ Director etc or keeper convicted under Act or other prescribed acts or for ill –treatment of animals
• Not satisfied appropriate planning permissions acquired (may grant but suspend till satisfied (4(6))
  Refusal can only be given for reasons above & applicant must be given written statement of grounds for any refusal. On granting licence copy sent to applicant & it or copy to be displayed at each public entrance.

Period of licence (5)

Licence granted initially for 4 years & Licence renewal granted for 6 years.
Licence shall be subject to implementation of conservation measures & such other conditions as LA consider necessary or desirable for ensuring proper conduct of zoo including

• Insurance against liability for damages caused by animals
• Any standards specified by Secretary of State under section 9(eg Zoo Standards
• Any conditions Scottish Ministers direct (may not be inconsistent with conservation measures)

No condition shall relate only or primarily to the health, safety or welfare of persons working in zoo.

Sec of State’s standards (9) may specify standards of modern zoo practice.

Set procedures before grant, refusal, renewal or significant alteration of licences(9A) with respect conservation measures-

• zoo must be inspected before any of above decisions taken (unless same as SMs direct)
• inspection by one or more inspectors from SM list
• one or more persons authorised by LA as being competent
• allows combining of visits
• after consultation with operator, 28 days notice of inspection to be given
• inspectors to consider if conditions of licence are, or are likely to be, met
• inspector may require records re conservation records to be produced
• within 1 month of LA receiving inspectors report must send copy to applicant/operator & give opportunity to comment