ANIMAL BOARDING
References
Animal Boarding Establishments Act 1963.
Scope
A person keeping an Animal Boarding Establishment (ABE) for cats and/or dogs is required to hold a licence issued by the local authority
The Act defines the keeping of an ABE as:
'shall be construed as references to the carrying on by him at premises of any nature (including a private dwelling) of a business of providing accommodation for other peoples animals'
Provided that:
'a person shall not be deemed to keep a boarding establishment for animals by reason only of his providing accommodation for other people's animals in connection with a business of which the provision of such accommodation is not the main activity; and nothing in this Act shall apply to the keeping of an animal at any premises in pursuance of a requirement imposed under, or having effect by virtue of, the Animal Health Act 1981'.
How to apply
Applications made to the local authority must specify the premises concerned and a fee as determined by the local authority must be paid before any 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.
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 on which it is granted and ends on the 31st December of that year, and in the second case, i.e. the year following that in which it is granted, it becomes operative on the 1st January of that following year and expires on 31st December of that year.
On the death of a licence holder, the licence passes to his personal representative and operates for a period of 3 months from the date of death before expiring. The local authority may, on application, agree to extension of that period.
Conditions
The local authority is required to specify such conditions in the licence as appears to it necessary or expedient for securing all or any of the following objectives:
- that animals will at all times be kept in accommodation suitable as respects construction, size of quarters, number of occupants, exercising facilities, temperature, lighting, ventilation and cleanliness
- that animals will be adequately supplied with suitable food, drink and bedding material, adequately exercised, and (so far as necessary) visited at suitable intervals
- that all reasonable precautions will be taken to prevent and control the spread among animals of infectious or contagious diseases, including the provision of adequate isolation facilities
- that appropriate steps will be taken for the protection of the animals in case of fire or other emergency
- that a register be kept containing a description of any animals received into the establishment, date of arrival and departure, and the name and address of the owner, such register to be available for inspection at all times by an officer of the local authority, veterinary surgeon or veterinary practitioner authorised under section 2(1) of this Act.
Guidance on conditions relating to these licences is given in a booklet published by the British Veterinary Association.
Power of entry
Local authority officers, veterinary surgeons or practitioners authorised in writing by the local authority for this purpose, may, upon producing his authority if required, inspect a licenced ABE and any animals found there at all reasonable times. Persons wilfully obstructing or delaying authorised officers are subject on conviction to a maximum penalty at level 1 on the Standard Scale. There is no power of entry to unlicenced premises.
Disqualification’s and cancellations
In making a conviction under the Animal Boarding Establishments Act 1963 or under the Protection of Animals Act 1911, the Protection of Animals (Scotland) Act 1912 or the Pet Animals Act 1951, the court may cancel any ABE 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 applications for ABE licences from persons disqualified under:
- the Animal Boarding Establishments Act 1963
- the Pet Animals Act 1951 from keeping a pet shop
- the Protection of Animals (Cruelty to Dogs) Act 1933 from keeping a dog
- the Protection of Animals (Cruelty to Dogs) (Scotland) Act 1934 from keeping a dog
- the Protection of Animals (Amendment) Act 1954 from having the custody of animals (Sec. 1(2)).
Definitions:
Animal - means any cat or dog
Local Authority - means the council of any county district, the council of a borough or the Common Council of the City of London or in Scotland means the Council of any county or borough.