Pet Shops
References
Pet Animals Act 1951 as amended by the Pet Animals Act 1951 (Amendment) Act 1983.
Scope
A person keeping a pet shop requires a licence from the Local Authority (LA). The Act defines 'the keeping of a pet shop' as:
Shall be construed as references to the carrying on at premises of any nature (including a private dwelling) of a business of selling animals as pets, and as including references to the keeping of animals in any such premises as aforesaid with a view to their being sold in the course of such a business, whether by the keeper thereof or by any other person,
Provided that:
- a person shall not be deemed to keep a pet shop by reason only of his keeping or selling pedigree animals bred by him, or the offspring of an animal kept by him as a pet
- where a person carries on a business of selling animals as pets in conjunction with a business of breeding pedigree animals, and the LA is satisfied that the animals so sold by him (in so far as they are not pedigree animals bred by him) are animals which were acquired by him with a view to being used, if suitable, for breeding or show purposes but have subsequently been found by him not to be suitable or required for such use, the LA may, if it thinks fit, direct that the said person shall not be deemed to keep a pet shop by reason only of his carrying on the first mentioned business.
References in this Act to the selling or keeping of animals as pets shall be construed in accordance with the following provisions, that is to say:
- as respects cats and dogs, such references shall be construed as including references to selling or keeping, as the case may be, wholly or mainly for domestic purposes; and
- as respects any animal, such references shall be construed as including references to selling or keeping, as the case may be, for ornamental purposes.'
There is no definition of the word 'premises', this having been removed by the Amendment Act of 1983, but the sale of animals as pets as a business is prohibited in any part of a street or public place or at a stall or barrow in a market.
Applications
Applications made to the LA must specify the premises concerned and a fee as determined by the local authority must be paid before a licence is granted.
The factors which may be taken into account in deciding whether or not to issue a licence are listed under 'Conditions' below but these are without prejudice to the LA's discretion to refuse a licence on any other grounds.
Please click link for Pet Shop Licence Application Form
Licences
Licences remain in force until the end of the year to which it relates and the latter is determined by the applicant as being either the year in which it is granted or the following year. In the first case i.e. the year in which it is granted, the licence comes into force on the day it is granted and expires on 31st December of that year, in the second case, i.e. the year following that in which it is granted, it comes into force on the 1st January of that year and expires on 31st December of that year.
Conditions
The LA must attach any conditions which it considers to be necessary or expedient for securing all or any of the following:
- that animals will at all times be kept in accommodation suitable as respects size, temperature, lighting, ventilation and cleanliness
- that animals will be adequately supplied with suitable food and drink and (so far as necessary) visited at suitable intervals
- that mammals will not be sold at too early an age
- that all reasonable precautions will be taken to prevent the spread among animals of infectious diseases
- that appropriate steps will be taken in case of fire or other emergency.
Guidance to LA’s regarding conditions of licences are given in a booklet issued by the British Veterinary Association.
Power of Entry
LA officers, veterinary surgeons or practitioners authorised in writing by the LA for this purpose, may, upon producing his authority if required, inspect a licensed pet shop and any animals there at all reasonable times. Persons wilfully obstructing authorised officers are subject on conviction to a maximum fine of level 2.
There does not appear to be a power of entry for premises which do not hold a pet shop licence e.g. which may be suspected of operating an unlicensed pet shop or in respect of which an application has been made.
Disqualification and cancellations
In making a conviction under the Pet Animals Act 1951 or under the Protection of Animals Act 1911 or the Protection of Animals (Scotland) Act 1912, the court may cancel any pet shop licence held by the person and may disqualify him from holding such a licence, whether or not he currently holds one, for any specified period. The cancellation or disqualification may be suspended by the court pending an appeal.
LA’s must refuse licence applications from persons currently disqualified by a court from holding a pet shop licence. This provision differs from that relating to Animal Boarding Establishments where disqualification under other Acts are also relevant.
Definitions
Animal - includes any description of vertebrate.
Local Authority - means the council of any county district, the council of a London Borough or the Common Council of the City of London and in Scotland means the council of any county or burgh.
Pedigree animal - means an animal of any description which is by its breeding eligible for registration with a recognised club or society keeping a register of animals of that description.
Veterinary surgeon - means a person who is for the time being registered in the Register of Veterinary Surgeons.
Veterinary practitioner - means a person who is for the time being registered in the Supplementary Register (Sec. 7(3)).
Pet Animals Act (Pet Shops) Licence Fee 2011/12 - £101.00 per annum