Agenda item

Model Licensing Conditions for Animal Welfare - Deviation

The Executive Director Place will submit a report seeking approval for a deviation from the Model Licensing Conditions applied in Animal Licensing in circumstances where the Council is in receipt of formal advice from an Independent Veterinary Surgeon that animal welfare standards will be maintained in doing so.

 

Minutes:

The Executive Director Place submitted a report seeking approval for a deviation from the Model Licensing Conditions adopted by the Council in October 2014 and applied in Animal Licensing in limited circumstances where the Council was in receipt of formal advice from an Independent Veterinary Surgeon that animal standards would be maintained in doing so.

 

The Model Conditions included subsequent revisions to the national guidance some of which was having a disproportionate effect on local businesses.  An example of this was the guidance for Dog Boarding Establishments 2016 which introduced minimum requirements of sleeping areas for dogs (irrespective of the size of the dog) and which also doubled these requirements for dogs from the same ‘family’ sharing a sleeping area.  To meet these new requirements some businesses would have to knock down their existing kennel blocks or close their business on the basis that the works rendered the business unviable.

 

It was proposed, therefore, that subject to Independent Veterinary approval, businesses be allowed a variation from these Model Conditions subject to there being no adverse effect on animal welfare.  In such circumstances it was likely that the licence would be conditional on specifying that enclosures only be used for dogs of a certain size.  It was also proposed that were major changes were introduced following the review of the National Guidance, Regulatory Services be given discretion to apply transitional periods for the implementation of that particular condition.

 

It was noted that the various Model Licensing Conditions would continue to be revised and other similar requirements introduced, therefore, in addition to the above, approval was also sought for a ‘non-specific’ deviation from the Model Conditions in circumstances where there was formal confirmation from an Independent Veterinary Surgeon that the specific deviation from those conditions would still maintain good animal welfare standards.

 

In the ensuing discussion, the following matters were raised:

 

·         Whilst some members supported those proposals on the basis that there were adequate animal welfare safeguards in place, some felt unable to support them.  They pointed out that the Model Licensing Conditions would have been developed in discussion and consultation with appropriate Veterinary Experts and trade organisations and, as such, felt it was inappropriate to go against those recommendations irrespective of the size of the animal concerned. 

·         There was also some concern at the proposal that further changes be made to the Model Licensing Conditions without prior reference to this Board

·         It was noted that some businesses might be unable to comply with the Model Conditions as it would not be financially viable for them to make the required adaptations to their premises.  It was pointed out by some Members, however, that the trade would have been aware of the changes being introduced for some time and they should, therefore, have made the necessary arrangements to comply with them.  Other Members felt that it was probably better to allow the necessary deviation as in this way, the Animal Welfare Service could continue to work with the businesses concerned and thereby continue to improve animal welfare

·         No information was available at the meeting about the number of premises that currently complied with the new standards

·         There was some concern that the proposals could lead to a ‘dual’ approach to kennelling standards with some premises meeting the existing standards and some having a dispensation.  This could perhaps give the latter businesses a financial advantage.  It was pointed out, however, that any new build kennels would be required to fully comply with the Model Conditions

·         Some members were in agreement that smaller dog breeds, for example, would not require the same kennelling space as larger breeds and provided that there was approval by an Independent Veterinary Surgeon, they saw no issues in allowing a deviation from the Conditions

·         There was some concern that once a deviation was agreed some smaller kennels could be used at times of high demand for larger breeds.  It was noted, however, that the Service undertook annual inspections and also responded to any complaints received.  In addition, for premises with an approved deviation, ad hoc inspections could be arranged

·         It was suggested that any deviation should be time limited until such time as improvements were made to comply with the Model Conditions

·         The Board was advised that the Model Conditions were merely guidelines and that the Council could impose whatever conditions it considered reasonable.  The proposal presented today was a means of dealing with the new arrangements in a pragmatic way.  The concerns of Members was understandable and it was, therefore, appropriate, if approved, for the Board to receive an update on how the arrangements were working in 6 to 12 months’ time

 

RESOLVED:

 

(i)            that a deviation from the Model Licensing conditions, where officers are in receipt of advice from an independent veterinary surgeon that this deviation will not adversely affect welfare standards for animals of a particular type or size, be approved;

 

(ii)          that the proposal to permit Regulatory Services to apply transitional periods to the implementation of model licensing conditions involving major changes or disproportional cost to businesses be approved in principle subject to any changes being reported to this Board in the first instance; and

 

(iii)             that a report on the operation of the new proposals and also addressing the concerns of Members now raised be submitted to the Board within 12 months.

Supporting documents:

 

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