LicencesE+W+S

1 Licensing of zoos by local authorities.E+W+S

(1)Subject to this section it is unlawful to operate a zoo to which this Act applies except under the authority of a licence issued under this Act by the local authority for the area within which the whole or the major part of the zoo is situated.

(2)In this Act “zoo” means an establishment where wild animals (as defined by section 21) are kept for exhibition to the public otherwise than for purposes of a circus (as so defined) and otherwise than in a pet shop (as so defined) [F1; 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.]

[F2(2A)This Act applies to any zoo 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.

(2B)This Act also applies in accordance with its terms to any zoo to which members of the public do not have such access if a licence is in force in respect of it or as otherwise provided (in particular, in sections 13 and 16C to 16G).

(2C)In this Act—

(a)a section of a zoo means—

(i)a particular part of the zoo premises;

(ii)animals of a particular description in the zoo; or

(iii)animals of a particular description which are kept in a particular part of the zoo premises; and

(b)references to the closure of a section of a zoo to the public mean—

(i)the closure to the public of a particular part of the zoo premises;

(ii)ceasing to exhibit animals of a particular description to the public; or

(iii)ceasing to exhibit animals of a particular description to the public in a particular part of the zoo premises.]

(3)The local authorities for the purposes of this Act are—

(a)in England F3. . ., the district councils, the councils of London boroughs and the Common Council of the City of London;

[F4(aa)in Wales, the councils of counties and county boroughs;]

(b)in Scotland, the [F5councils constituted under section 2 of the Local Government etc. (Scotland) Act 1994].

(4)In relation to zoos in operation before the commencement of this Act this section and section 2 have effect subject to the provisions of section 20.

[F61A Conservation measures for zoosE+W

The following are conservation measures to be implemented in zoos in accordance with this Act—

(a)participating in at least one of the following—

(i)research from which conservation benefits accrue to species of wild animals;

(ii)training in relevant conservation skills;

(iii)the exchange of information relating to the conservation of species of wild animals;

(iv)where appropriate, breeding of wild animals in captivity; and

(v)where appropriate, the repopulation of an area with, or the reintroduction into the wild of, wild animals;

(b)promoting public education and awareness in relation to the conservation of biodiversity, in particular by providing information about the species of wild animals kept in the zoo and their natural habitats;

(c)accommodating their animals under conditions which aim to satisfy the biological and conservation requirements of the species to which they belong, including—

(i)providing each animal with an environment well adapted to meet the physical, psychological and social needs of the species to which it belongs; and

(ii)providing a high standard of animal husbandry with a developed programme of preventative and curative veterinary care and nutrition;

(d)preventing the escape of animals and putting in place measures to be taken in the event of any escape or unauthorised release of animals;

(e)preventing the intrusion of pests and vermin into the zoo premises; and

(f)keeping up-to-date records of the zoo’s collection, including records of—

(i)the numbers of different animals;

(ii)acquisitions, births, deaths, disposals and escapes of animals;

(iii)the causes of any such deaths; and

(iv)the health of the animals.]

2 Application for licence.E+W+S

(1)An application to the local authority for a licence for a zoo shall not be entertained by the local authority unless, at least two months before making it, the applicant has given notice in writing to the local authority of his intention to make the application, has published notice of that intention in one local newspaper circulating in the locality and one newspaper with a national circulation and has exhibited a copy of that notice at the site and the said notice shall state that the notice to the local authority may be inspected as provided by subsection (3).

(2)Any notice given or published under subsection (1) must identify the situation of the zoo for which the application is to be made; and the notice to the local authority must specify—

(a)the kinds of animals listed in taxonomic category of Order and approximate number of each group kept or to be kept for exhibition on the premises and the arrangements for their accommodation, maintenance and wellbeing;

(b)the approximate numbers and categories of staff employed or to be employed in the zoo;

(c)the approximate number of visitors and motor vehicles for which accommodation is or is to be provided;

(d)the approximate number and position of the means of access provided or to be provided to the premises.

[F7(2A)Any notice given to the authority under subsection (1) must also specify how the conservation measures referred to in section 1A are being or will be implemented at the zoo.]

(3)Any notice given to the local authority under this section shall, until the disposal of the application to which it relates, be kept available by the authority at their offices for public inspection free of charge at reasonable hours.

3 Consideration of application.E+W+S

(1)On the consideration of an application for a licence the local authority shall take into account any representations made by or on behalf of any of the persons mentioned in subsection (2).

(2)The persons are:—

(a)the applicant;

(b)the chief officer of police (or in Scotland the chief constable) for any area in which the whole or any part of the zoo is situated;

(c)any authority discharging, in any area in which the whole or any part of the zoo is situated, the functions of fire authority under the M1Fire Services Act 1947;

(d)the governing body of any national institution concerned with the operation of zoos;

(e)where part of the zoo is not situated in the area of the local authority with power to grant the licence

(ii)if the part is situated in Wales, the local planning authority for the area in which it is situated;]

(f)any person alleging that the establishment or continuance of the zoo would injuriously affect the health or safety of persons living in the neighbourhood of the zoo;

(g)any other person whose representations might, in the opinion of the local authority, show grounds on which the authority has a power or duty to refuse to grant a licence.

4 Grant or refusal of licence.E+W+S

(1)Before granting or refusing to grant a licence for a zoo, the local authority shall—

(a)consider inspectors’ reports made in pursuance of inspections of the zoo under this Act, [F11or]

[F11(b)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.]

[F12(1A)Before granting or refusing to grant a licence for a zoo, the local authority shall also—

(a)consult the applicant about the conditions they propose would be attached to the licence, if one were granted, under section 5(2A) and (if applicable) section 5(3); and

(b)make arrangements for an inspection to be carried out in accordance with section 9A (subject to subsection (2) of that section).]

(2)The local authority shall 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.

[F13(2A)The local authority shall also refuse to grant a licence for a zoo if they are not satisfied that the conservation measures referred to in section 1A will be implemented in a satisfactory manner at the zoo.]

(3)The local authority may refuse to grant a licence for a zoo if [F14subsection (2A) does not apply but] 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.

(4)The local authority may also refuse to grant a licence if—

(a)the applicant, or

(b)(where the applicant is a body corporate) the body or any director, manager, secretary or other similar officer of the body, or

(c)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.

(5)The enactments are—

• the Protection of Animals Acts 1911 to 1964;

• the Protection of Animals (Scotland) Acts 1912 to 1964;

• the M2Pet Animals Act 1951;

• . . . F15

• the M3Animal Boarding Establishments Act 1963;

• the Riding Establishments Acts 1964 and 1970;

• the M4Breeding of Dogs Act 1973;

• . . . F15

• the M5Dangerous Wild Animals Act 1976;

• the M6Endangered Species (Import and Export) Act 1976.

• [F16Part I of the Wildlife and Countryside Act 1981]

(6)If the local authority are not satisfied that any planning permission required under Part III of [F17the Town and Country Planning Act 1990] or under [F18the Town and Country Planning (Scotland) Act 1997], for the establishment of the zoo or for the continuance of the zoo during the period for which the licence would be in force, has been, or is deemed to be, granted, they shall either refuse to grant the licence or grant the licence but suspend its operation until the local planning authority within the meaning of [F17the said Act of 1990] or, as the case may be, [F181997] have notified the local authority that any such planning permission has been or is deemed to be granted.

(7)Except as provided by this section the local authority shall not refuse to grant a licence pursuant to an application and if they do refuse to grant it they shall send to the applicant by post a written statement of the grounds of their refusal.

(8)When a licence is granted the local authority shall send it to the applicant by post and the licence or a copy of it shall be publicly displayed at each public entrance to the zoo.

5 Period and conditions of licence.E+W

(1)An original licence granted under this Act shall be granted for a period of four years beginning with the date specified in the licence as that on which it is granted or any later date specified in the licence as that on which the licence is to commence.

(2)A fresh licence granted under this Act to the holder of an existing licence shall be granted for a period of six years beginning with the end of the period of the existing licence.

[F19(2A)A licence under this Act shall be granted subject to conditions requiring the conservation measures referred to in section 1A to be implemented at the zoo.]

(3)Any licence under this Act may be granted subject to such [F20other] conditions as the local authority think necessary or desirable for ensuring the proper conduct of the zoo during the period of the licence, including conditions relating to the following—

F21(a). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F21(b). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(c)insurance against liability for damage caused by animals.

(4)In deciding what F22. . . conditions to attach to a licence, a local authority shall have regard to any standards specified by the Secretary of State under section 9 and sent by him to the authority.

[F23(5)The Secretary of State may, after consulting the authority, direct them to attach one or more conditions to a licence, and the authority shall give effect to such a direction.

(5A)But he may not direct the authority to attach a condition which is inconsistent with the implementation at the zoo of the conservation measures referred to in section 1A.]

(6)The authority shall not attach to a licence any condition inconsistent with one they are so directed to attach.

(7)The authority shall not attach to a licence a condition which relates only or primarily to the health, safety or welfare of persons working in the zoo.

5 Period and conditions of licence.S

(1)An original licence granted under this Act shall be granted for a period of four years beginning with the date specified in the licence as that on which it is granted or any later date specified in the licence as that on which the licence is to commence.

(2)A fresh licence granted under this Act to the holder of an existing licence shall be granted for a period of six years beginning with the end of the period of the existing licence.

(3)Any licence under this Act may be granted subject to such conditions as the local authority think necessary or desirable for ensuring the proper conduct of the zoo during the period of the licence, including conditions relating to the following—

(a)precautions to be taken against the escape of animals, and steps to be taken in the event of any escape or unauthorised release;

(b)records to be kept of the numbers of different animals, of acquisitions, births, deaths, disposals or escapes of animals, of the causes of any such deaths, and of the health of animals;

(c)insurance against liability for damage caused by animals.

(4)In deciding what (if any) conditions to attach to a licence, a local authority shall have regard to any standards specified by the Secretary of State under section 9 and sent by him to the authority.

(5)A local authority shall attach to a licence any condition which the Secretary of State directs them to attach.

(6)The authority shall not attach to a licence any condition inconsistent with one they are so directed to attach.

(7)The authority shall not attach to a licence a condition which relates only or primarily to the health, safety or welfare of persons working in the zoo.

6 Renewal of licence.E+W+S

(1)Where application for the renewal of an existing licence is made to the local authority not later than six months before the end of the period of the licence or such shorter time as the local authority may in special circumstances allow the local authority may either—

(a)extend the period of the existing licence; or

(b)direct the applicant to apply for a fresh licence in accordance with section 2.

[F24(1A)Before extending the period of an existing licence under subsection (1)(a) the authority shall—

(a)make arrangements for an inspection to be carried out in accordance with section 9A (subject to subsection (2) of that section); and

(b)consider the report made to them pursuant to that inspection.]

(2)Where application for a fresh licence is made by the holder of an existing licence, the existing licence shall, if the application is made before the end of the period of that licence or within six months after notice of a direction given to the applicant under subsection (1)(b), continue in force until the application is disposed of or withdrawn [F25and, if the application is refused, for a further period of six months].

(3)Any extension of the period of an existing licence under subsection (1)(a) shall be granted for a period of six years beginning with the end of the period of the existing licence; and the local authority shall take reasonable steps to secure that the holder of the licence is notified in writing of the extension.

(4)The local authority shall give notice to the holder of any licence granted by that authority, not later than nine months before the end of the period of the licence, of the latest date on which application for renewal may be made under this section.

7 Transfer, transmission and surrender of licence.E+W

(1)A licence for a zoo may with the approval of the local authority be transferred to another person, and in that case the transferee shall become the holder of the licence from the date [F26specified by the authority and notified by them to the transferor and transferee].

(2)On the death of the holder of a licence, the personal representatives of the deceased are deemed to be the holders of the licence during the period of three months after the death or such longer period as the local authority may approve.

(3)The holder of a licence may at any time surrender it to the local authority who shall thereupon cancel the licence.

7 Transfer, transmission and surrender of licence.S

(1)A licence for a zoo may with the approval of the local authority be transferred to another person, and in that case the transferee shall become the holder of the licence from the date which application for renewal may be made under this section.

(2)On the death of the holder of a licence, the personal representatives of the deceased are deemed to be the holders of the licence during the period of three months after the death or such longer period as the local authority may approve.

(3)The holder of a licence may at any time surrender it to the local authority who shall thereupon cancel the licence.