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.
Inspections
Periodic inspections, with Secretary of State appointed inspectors, occur as a minimum at renewal stage (ie 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 or download at Standards of Modern Zoo Practice
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:
(a) consider inspectors' reports made in pursuance of inspections of the zoo under this Act, or
(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.
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:
(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.
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 - a 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 - see 'Pet Shops'.
Forms
Requests for application forms can be made by contacting the Licensing Team on 01256 845374 or email licensing@basingstoke.gov.uk.
- Notice of Intention to Apply for a Zoo Licence
- Suggested Notice of Intention for display and for publication
- Application Form
Fees and Charges
Please contact the Licensing Team on 01256 845374.
Further Information
For general nformation about licensing of zoos please contact the Department of Environment, Food and Rural Affairs (DEFRA) at www.defra.gov.uk
Further information on:
- 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
can be found at: Further Information:
Further information on
can be found at Zoos Forum Handbook
For other queries, or to obtain hard copies of the above documentation, you can contact DEFRA at:
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. Tel: 0117 372 8209 or
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 in this information sheet can also be purchased from Her Majesty's Stationary Office.
Notices
NOTICE OF INTENTION TO APPLY FOR A ZOO LICENCE
Michelle Coffey and Oscar Darlington of Family Adventure Farm, Newbury Road, Headley, Newbury, Berkshire RG19 8JY, hereby give notice that in not less than two months after publication of this notice they intend to make an application to Basingstoke and Deane Borough Council for a licence to operate a proposed zoo at the Family Adventure Farm (also known as Children's Action Farm).
A written notice of the intention to make an application for a zoo licence, giving details of the proposed zoo, is available below.