Zoos
Zoos are regulated by local
authorities under the Zoo Licensing Act 1981.
The Act defines a zoo "[as] an establishment where wild animals
are kept for exhibition to the public otherwise than for the
purposes of a circus and otherwise than as a pet shop; and this Act
applies to any zoo to which members of the public have access, with
or without charge for admission, on more than seven days in any
period of 12 consecutive months".
We work in close partnership with the Department of Environment, Food and
Rural Affairs (DEFRA)
on all aspects of zoo licensing.
How to Apply
At least two months prior to placing an application with the
authority the potential zoo operator must provide in writing its
intention to make an application. A published notice must also be
placed in a locally circulating newspaper as well as a national
newspaper. A copy of this notice must also be placed at the site
for easy viewing and with the local authority for public
comment.
Once this period of time has lapsed, an application form can be
submitted along with the current fee.
What Happens Next?
The local authority may request representations from the police
authority, fire service authority, public objections and/or a
national institution concerned with the operation of zoos in the UK
(i.e. if aquatic zoo go to an aquatic zoo specialist). Other
person(s) whose representations might be relevant can also be
consulted.
An inspection is carried out by a Secretary of State appointed
inspector who will produce a report of his findings. Based on the
report and other considerations the local authority will grant or
refuse to grant a licence. The operator will receive a written
statement of the grounds for refusal.
An annual stock list must be provided along with any updated
escape precaution procedures.
Planning Requirements
An applicant for a licence will need to consider whether
planning permission is required for the proposed licensed activity.
They should contact the planning department to discuss whether
permission will be needed. The local authority may refuse or defer
a decision on an application for a licence until the planning issue
has been decided.
Licences
Each original licence will run for four years, consecutive
renewals will run for six years. Failure or late application for
renewal may invalidate any public liability insurance for the
premises.
Changes to the licence i.e. name changes, ownership changes can
be undertaken at the request of the operator, however a charge may
be required. A licence can be transferred to another person with
the approval of the local authority. On the death of the holder of
a licence, the personal representatives of the deceased are deemed
to be the holders during a three month period following the death,
or longer with our approval.
For small zoos or for a zoo exhibiting only a small number of
different kinds of animals the Secretary of State has powers to
relax the requirements of the Act. The local authority can seek a
direction that the Act shall not apply at all (Section 14(1)(a)) or
that certain category of inspection is not required (Section
14(1)(b)).
Alternatively, the zoo operator, on applying to the Secretary of
State for a zoo licence, may be granted a dispensation (Section
14(2)) to reduce the number of inspectors to a reasonable level for
a small establishment. This doesn’t reduce the zoo’s obligation to
achieve the levels of animal welfare and public safety set out in
the Secretary of State’s Standards.
View the licences issued by Ashford Borough Council.
Inspections
Periodic inspections, with Secretary of State appointed
inspectors, occur as a minimum at renewal stage (i.e. within the
six months leading to the expiry date) and in the first year of the
original licence and in the third year of the six year period. The
local authority can request a special inspection by an appointed
competent person where concerns have arisen. In any calendar year
where no other inspection has taken place, an informal inspection
is carried out by an appointed person from the local authority.
Conditions
The Zoo Licensing Act 1981 specifies conservation measures that
must be undertaken by the zoo. The licence will contain appropriate
conditions with regard to these measures and the Secretary of State
issues model conditions for zoo licences. The local authority also
has discretion to attach any condition(s) deemed necessary or
desirable for the proper conduct of the zoo. The Secretary of State
issues guidance of standards of practice that zoos should meet
which apply in England. Copies of the Secretary of State’s
Standards of Modern Zoo Practice are available from DEFRA.
Conservation Measures
The zoo must:
- Promote public education and awareness about biodiversity
conservation. In particular, provide information about the species
of wild animals kept in the zoo and their natural habitats.
- Accommodate and keep the animals in a manner consistent with
the standards set out in the Secretary of State's Standards of
Modern Zoo Practice.
- Prevent escapes and put in place measures to be taken in the
event of any escape or unauthorised release of animals.
- Introduce practical measures designed to prevent the intrusion
of pests and vermin into the premises of the zoo.
- Keep up-to-date records of the animals, including numbers of
different animals, acquisitions, births, deaths, disposals and
escapes, causes of deaths and the health of animals.
Participate in at least one
of the following:
- Research which benefits the conservation of wild animals.
- Training in relevant conservation skills.
- Exchanging information about the conservation of wild
animals.
- Breeding of wild animals in captivity.
- Repopulating an area with wild animals, or re-introducing wild
animals.
Insurance
Within one month of the date of the licence and one month of the
date of renewal of the policy, where applicable, a copy of the
zoo's current public liability insurance policy and of subsequent
renewals thereof, to be sent to the licensing authority.
Stock List
A copy of the zoo's annual stock list, as defined in Section 9
of the Secretary of State's Standards of Modern Zoo Practice, must
be forwarded to the licensing authority by 01 April of the year
following that to which it relates.
Hazardous Animals
The licensing authority to be notified in writing at least one
month in advance of the proposed addition of any animal listed in
category 1 of the Hazardous Animal Categorisation (see Appendix 12
of the Secretary of State's Standards of Modern Zoo Practice),
which is from a taxonomic family of which Category 1 species have
not previously been kept in the zoo.
Temporary Removal of Animals From the Zoo
The licensee to notify the licensing authority before the
temporary removal from the zoo (other than for veterinary attention
or inter-zoo movements) of any animal listed in category 1 of the
Hazardous Animal Categorisation of the Secretary of State's modern
Zoo Practice. Such notification to be given as early as possible
and, in any case, no later than twelve hours before the removal,
unless the zoo operator and Licensing Authority mutually agree a
shorter period. When giving notification, details of the
destination and method of transportation of the animal and of the
arrangements for its well-being, as well as for the safety of the
public whilst it is away from the zoo, to be provided.
Escapes
In the event of any non-domestic animal escaping from the
confines of the zoo, notification shall be made to the licensing
authority as soon as possible, and, in any case, not later than
twenty-four hours following the escape.
Power of Entry
Local authority officers, authorised in writing for this purpose
and accompanied by the appointed veterinary surgeon may inspect zoo
premises having given 28 days notice in writing. There is
currently no power of entry to unlicensed premises.
Disqualifications and Cancellations
Before granting or refusing to grant a licence for a zoo, the
authority shall:
- Consider inspectors' reports made in pursuance of inspections
of the zoo under this Act, or
- If no inspection of the zoo has been made under this Act,
consult such persons on the list as the Secretary of State
nominates for the purposes of this section.
The local authority will refuse to grant a licence for a zoo if
they are satisfied that the establishment or continuance of the zoo
would injuriously affect the health or safety of persons living in
the neighbourhood of the zoo, or seriously affect the preservation
of law and order.
The local authority may refuse to grant a licence for a zoo if
they are not satisfied that the standards of accommodation,
staffing or management are adequate for the proper care and
wellbeing of the animals or any of them or otherwise for the proper
conduct of the zoo.
They may also refuse to grant a licence if:
- The applicant, or
- (where the applicant is a body corporate) the body or any
director, manager, secretary or other similar officer of the body,
or
- Any person employed as a keeper in the zoo has been convicted
of an offence under this Act or under any of the enactments
mentioned in subsection (5) or of any other offence involving the
ill-treatment of animals.
The enactments are:
- The Protection of Animals Acts 1911 to 1964
- The Protection of Animals (Scotland) Acts 1912 to 1964
- The Pet Animals Act 1951
- The Protection of Birds Acts 1954 to 1967
- The Animal Boarding Establishments Act 1963
- The Riding Establishments Act 1964 and 1970
- The Breeding of Dogs Act 1973
- The Conservation of Wild Creatures and Wild Plants Act
1975
- The Dangerous Wild Animals Act 1976
- The Endangered Species (Import and Export) Act 1976
Offences
- Unlawful to operate a zoo without a licence.
- Offence not to comply, without reasonable excuse the conditions
attached to the licence.
- Offence to intentionally obstruct an inspector.
Penalties
Maximum penalties, on summary conviction, may lead to a fine not
exceeding £500 for obstruction, and £200 for unlawful operation or
non-compliance with conditions. Please note that the
legislation was ratified in 1951 hence the reduced penalty costs
which would be seen, in today's climate, as being minimal.
Definitions
- Circus - Place where animals are kept or
introduced wholly or mainly for the purpose of performing tricks or
manoeuvres at that place.
- Wild Animals - Animals not normally
domesticated in Great Britain.
- Pet Shop - Please see our Pet Shops page.
Notes
- These conditions are attached to the licence without prejudice
to the application, where relevant, of the Secretary of State's
Standards of Modern Zoo Practice specified in accordance with the
powers conferred under Section 9 of the Zoo Licensing Act
1981.
- The grant of this licence does not imply that the requirements
of any other legislation have been met.
Fees and Charges
| Licence Type |
Fee |
| Application Fee |
£920.00 |
| New Licence |
£1,520.00 |
| Renewal |
£2,280.00 |
Further Information
For the following information please contact the
Department of Environment, Food and
Rural Affairs (DEFRA):
- General information
- The Zoo Licensing Act
- The Secretary of State’s Modern Zoo Practice
- Government Circular Guidance 02/2003 on the Zoo Licensing Act
1981 (Amendment) (England and Wales) Regulations 2002
- Zoos Forum Handbook
To obtain hard copies of the above documentation
please contact the Department of Environment, Food and
Rural Affairs (DEFRA):
- By post - Wildlife Species Conservation
Division, Department for Environment, Food and Rural Affairs, Zone
1/10, Temple Quay House, 2 The Square, Temple Quay, Bristol BS1
6EB
- By telephone - 0117 372 8209
- By email - zoos.branch@defra.gsi.gov.uk
Copies of the Zoo Licensing Act 1981 and Zoo Licensing Act 1981
(Amendment) (England and Wales) Regulations 2002 and other
legislation mentioned on this page can be purchased from
Her Majesty's Stationery Office.
Contact Us
If you would like to contact us about zoo licensing please email
Licensing1@ashford.gov.uk or
telephone 01233 330508.
This webpage was updated on
1/6/2010