New regulations came into force on 1 October 2018, meaning that any renewals under the old legislation or any new premises after 1 October 2018 will need to comply with the new regulations and associated Government guidance.
The Government set out new conditions which are applicable across England, meaning that the Local Authority can no longer prescribe their own conditions. We therefore, cannot change any of the conditions either, and all premises will be inspected under the new Regime from 1 October 2018.
Those businesses operating under current licenses will be able to continue to do so until the expiry date of their licence. All applications to renew licenses will be under the new legislation. Unfortunately, there are no ‘grandfathers rights’ and so existing businesses may need to make changes.
All new premises will need to submit an application form. All currently licensed premises will be sent a letter when their renewal is due.
The applicant must complete an application form for each of the licensable activities they apply for. The applicant must then send the completed forms to East Suffolk Council along with the application fee. The relevant local authority will be the one that covers the area of the applicant’s premises where the majority of the applicant’s licensable activities happen.
Local authorities should aim to issue a decision on an application within 10 weeks of receiving a new licence application. It is possible that the process can take longer, for example, if further information is needed from the applicant or if it’s difficult to arrange the inspection. However, we will look to determine each application within 10 weeks wherever possible. A new application and fee may be required from the applicant, if the application is held up due to insufficient information provided, to determine compliance with the licence conditions.
East Suffolk Council will write to each licence holder that to inform them that they need to renew their licence 3 months before it is due to expire. The licence holder must apply to renew a licence at least 10 weeks before their current licence expires. This is to avoid incurring a break in the licensable activity, if they wish to continue to operate.
All premises will be inspected before the licence is granted. The inspector will be looking to make sure the applicant has the following:
Based on this information, we will assess the risk rating and award stars. Low-risk premises can attain up to five stars, and premises that have been assessed as higher risk can be awarded up to four stars.
For dog breeding inspections, the initial inspection will be undertaken with a veterinary officer (employed by the council, and subsequently the cost of this will be charged to the applicant), and a local authority officer. Subsequent inspections will be by a local authority officer only.
The star rating will prescribe the number of inspections undertaken during the licence period. There will be a minimum of 2 inspections, one announced (before granting the licence), and at least one unannounced during the licensed period.
A premises with a lower star rating is not necessarily a premises to avoid as there are other factors that have to be considered, such as the length of time the licence holder has been operating. New businesses will be assessed as slightly higher risk simply because there is no history of good practice that can be considered.
See the Legislation and guidance from Department for Environment, Food and Rural Affairs (Defra) and the Canine and Feline Sector Group for information relevant to your particular animal activity. This document will be used by inspectors to aid the inspection process. There are some ‘optional’ and ‘required’ conditions which may help you to achieve a higher star rating.
If you have any concerns, please contact our Environmental Protection Team prior to making a purchase or making booking arrangements.
If you undertake more than one activity such as animal boarding businesses (including home boarders and day carers), dog breeders, selling animals as pets, hiring out horses (e.g. horse riding) or keeping or training animals for exhibition (e.g. bird, animal displays etc.) you will need to apply for each activity, and pay a fee for each additional activity you undertake. For example, if you hire out horses, and breed dogs, you will have to pay the fee for hiring out horses, and an additional activity fee for breeding dogs.
Any fit and proper person who is not disqualified from keeping animals may apply.
We recommend that you discuss your proposals with Planning Services to determine whether a planning application is needed.
Once your application has been received, an officer will contact you as soon as possible, and within 28 days. The amount of time taken to determine the application will range depending on a number of factors, such as availability of a veterinary surgeon for the initial inspection and the amount of work required to comply with the licence conditions.
No. An animal activity (described in the regulations) cannot be run without the appropriate licence.
Premises which are issued with 2 or 3 year licenses will save money, as they will not have to apply for the licence every year. Therefore it is important to read the guidance to achieve a high star rating.
This could be 1, 2 or 3 years and depends on your risk rating and star rating, which will be advised after the inspection and paperwork has been completed by the inspecting officer.
You will have 28 days following the notice of refusal to appeal to the First Tier Tribunal.
If you are not satisfied with the decision, you can make improvements to address highlighted issues, and ask for a re-inspection (fees apply). Or, if you wish to appeal the star rating given by the inspecting officer, the appeal should be made in writing to our office. You are encouraged to speak with the inspecting officer first so that the reasons behind the awarded star rating can be explained to you. Businesses have 21 days (including weekends and bank holidays) following the issue with the licence to appeal the star rating.
|Public register of dog breeding establishments|
|East Suffolk register of dog breeding establishments|