Zoo Licensing Act 1981 - GOV.UK

1 Zoo Licensing Act 1981 Guide to the Act s provisions Crown copyright 2012 You may re-use this information (not including logos) free of charge in any format or medium, under the terms of the Open Government Licence. To view this licence, visit or write to the Information Policy Team, The National Archives, Kew, London TW9 4DU, or e-mail: This document/publication is also available on our website at: Any enquiries regarding this document/publication should be sent to us at: Zoos Branch Department for Environment, Food and Rural Affairs Zone 1/14b Temple Quay House 2, The Square Temple Quay Bristol BS1 6EB Telephone 0117 372 3606 Email PB Number.

2 PB13793 Department for Environment, Food and Rural Affairs Contents 1. Introduction .. 5 2. Extent of the Zoo Licensing Act .. 5 3. Conservation measures for zoos .. 6 4. How to obtain a licence for a new zoo .. 7 5. Grant or refusal of a licence .. 8 6. Renewal of a licence .. 9 7. Directing the applicant for a renewal of a zoo licence to apply for a fresh licence .. 9 8. Duration of a licence .. 10 9. Licence conditions .. 10 10. Enforcement of licence conditions .. 11 11. Transfer, transmission and surrender of a licence.

3 12 12. Inspections .. 12 13. Licence inspections .. 12 14. Periodical inspections .. 14 15. Special inspections .. 15 16. Informal inspections .. 17 17. Local authority zoos .. 17 18. Dispensation for particular zoos .. 18 19. Fees and other charges .. 19 20. Power to alter licences .. 19 21. Closure of a licensed zoo .. 21 22. Closure of an unlicensed zoo .. 22 23. Welfare of animals following permanent closure of a zoo .. 22 24. Powers of the local authority to make their own arrangements for the welfare of animals at a permanently closed zoo.

4 24 25. Power of authority to dispose of animals .. 24 26. Powers of entry .. 25 27. Date from which the Zoo Licensing Act ceases to apply to a closed zoo .. 25 28. Appeals .. 25 29. Offences and penalties .. 26 30. Directions .. 27 31. Temporary removal of animals from zoo premises .. 27 32. Existing licences .. 28 33. Transitional arrangements for zoos without licences .. 28 Annex A: Normally domesticated / not normally domesticated animals .. 29 Department for Environment, Food and Rural Affairs Page 4 of 79 Annex B: Collections which might or might not fall within the definition of a zoo.

5 30 Annex C: Dispensations/Exemptions .. 32 Annex D: Education requirements of animal presentations .. 34 Annex E: Zoo Licensing flowcharts .. 36 List of flowcharts .. 36 1. New zoo considerations .. 37 2. New zoo 38 3. New zoo licence inspection process .. 39 4. Grant or refusal of new licence .. 40 5. Applications for dispensations for a new zoo under (1)(b) and 14(2) ZLA .. 41 6. Inspection process for zoo with a 14(1)(b) dispensation .. 42 7. Inspection process for zoo with a 14(2) dispensation.

6 43 8. Inspection process for zoo without a dispensation .. 44 9. Local authority decides not to extend/renew zoo licence .. 45 10. Special inspections under section 46 11. Special inspections under section 11A (for a closed zoo under section 16E) .. 47 12. Non-compliance with conditions .. 48 Annex F: Model zoo licence .. 49 Annex G: Licence conditions .. 54 Annex H: Conditions commonly attached to licences .. 55 Annex J: Model direction to comply with zoo licence conditions .. 56 Annex K: Model direction to close a licensed zoo.

7 59 Annex L: Model direction to close an unlicensed zoo .. 63 Annex M: Model direction to ensure the welfare of animals following the closure of a zoo .. 67 Annex N: Treatment or disposal of animals in the event of a zoo s closure .. 71 Annex P: Decision tree to help local authorities decide if an animal should be euthanased .. 72 Annex Q: The use of hazardous animals from zoos in outreach activities .. 73 Annex R: Organisations that may be able to provide advice .. 75 Annex S: Zoo Licensing frequently asked questions.

8 76 Department for Environment, Food and Rural Affairs Page 5 of 79 1. Introduction The Zoo Licensing Act 1981 ( the Act ) requires the inspection and Licensing of all zoos in Great Britain. The Act aims to ensure that, where animals are kept in enclosures, they are provided with a suitable environment to provide an opportunity to express most normal behaviour. The Act was amended by the 2002 Regulations to give effect to the provisions of Council Directive 1999/22/EC which were not already covered by it.

9 This guidance deals with measures that fall to the local authority in their role as the zoo Licensing authority. It should be read in conjunction with the Act. It replaces Department of the Environment (DOE) Circulars 5/84 and 11/88 and Department for Environment Food and Rural Affairs (Defra) Circular 02/ 2003 . It should not be taken as an authoritative statement of the legal effect of the Act. The provisions of the Animal Welfare Act 2006 also apply to animals in zoos. 2. Extent of the Zoo Licensing Act Section 1 makes clear that all zoos that are open to the public, with or without charge on seven or more days in a twelve-month period need a licence from their local authority to operate.

10 A zoo is defined as any establishment where animals of wild species are exhibited to the public. Circuses and pet shops are excluded from this definition (see paragraph below). Local authorities in England are District, Unitary, Metropolitan, City of London and London Borough councils. Section 1(2B) makes clear that the Act also applies to zoos which are not open on seven or more days in a twelve month period, but have a licence in force, such as those that are temporarily closed while they comply with a direction issued under s16A of the Act.