The Application
Conditions
Powers of entry
Court Actions
The Dangerous Wild Animals Act 1976 was passed to regulate the keeping of certain kinds of dangerous wild animals. The Act prohibits the keeping of named animals without a licence granted by the Local Authority. Exceptions include zoos, circuses, and licensed pet shops. However, there is no exception or mitigation when only a few very young animals are kept. For example, a newly born tiger requires a licence as much as a cage of adult tigers.
A person is the keeper is he has it in his possession; for those times when an animal cannot be said to be in the possession anybody it is treated as being in the possession of the person who last had it in his possession.
The animals for which a licence is required are (See List).
The Application
Any application must:
a) Specify the species of animal and the number of each species proposed to keep.
b) Specify the premises where any animal will be normally kept.
c) Be made by a person who is 18 years old or who has not been disqualified from keeping any dangerous wild animal.
The Council must also satisfy itself that:-
a) It is not contrary to the public interest on the grounds of safety, or nuisance.
b) The applicant is a suitable person to hold it.
c) The animal’s accommodation is escape proof, and suitable.
d) The animal will be suitably fed and visited at appropriate intervals.
e) The animal is protected.
f) Precautions are taken to prevent and control the spread of infectious diseases.
g) The animal can take adequate exercise.
To ensure the above, the Council must consider a report by a vet. Also the licence can only be issued to the person who owns and possesses the animal.
Even if all these pre-requisites are met, the grant or refusal of a licence is entirely within the Council’s discretion.
The application fee is £353 for a two year licence - plus actual costs of vets inspection.
NB Fees stated are for the period 1 April 2012 - 31 March 2013.
Conditions
Any licence issued must include conditions about a number of matters detailed in the Act (including insurance against public liability for damage caused by the animal). The Council may also add its own conditions.
Contravention or non-compliance with a condition is an offence.
There is a right of appeal to a magistrate’s court against:
a) The Council’s refusal to grant a licence
b) A condition of the licence, whether imposed when it was granted or later;
c) The variation or revocation of a condition.
Powers of entry
Powers of entry to, and inspection of premises that have a licence are given to vets and others with written authorisation from the Council. To obstruct or delay is an offence. A reasonable charge for the inspection may be charged to the licensee.
If a dangerous wild animal is kept without a licence, or a condition is contravened, the Council may seize it, keep it or destroy it. The Council’s costs are recoverable.
Court Actions
In addition to fining a person for an offence under the Act, the court may cancel the licence and disqualify the holder from keeping any dangerous wild animal. These sanctions can also be imposed for convictions for offences against certain other Acts relating to animals. The court’s order is subject to an appeal.
Licences to keep dangerous wild animals are issued under the Dangerous Wild Animals Act 1976 and are renewable annually. For further information, please contact the Licensing seciton on 01225 477531 or email licensing@bathnes.gov.uk.