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Animal Welfare Policy

It is difficult to be too prescriptive when dealing with animal welfare: problems could range from a complaint about incorrect feeding of a goldfish to alleged cruelty to an elephant in a travelling circus. Our officers will therefore need to act professionally and operate within this policy as appropriate. In any case of uncertainty, the case officer should seek guidance from the Environment Team Leader.

Our Policy Statement

What information is required when taking a request for action?

What will we do?

What are our Enforcement Powers?

When are we likely to prosecute?

How will we make a decision about enforcement?

Who would we prosecute?

Has the Council adopted the Enforcement Concordat?

Where can I find contact details for dog wardens, the RSPCA, the Police, local vets, zoos in the area, etc?

Contact Us

Telephone: (023) 9244 6682

Email: Environmental Health Environment Team

Visit: Civic Offices, Civic Centre Road, Havant PO9 2AX

Animal Welfare Enforcement Policy Statement

In exercising its duties, Havant Borough Council will enforce all of the above Act's provisions and will seek to do so in a firm but fair, open, consistent and helpful way, in line with the principles of good enforcement outlined in the Government's Enforcement Concordat to which the Council agreed in February 2001.

Environmental Health will liaise with other enforcement agencies or bodies where there is a shared enforcement role. For example: DEFRA., the RSPCA, the Police, other Council Services.

It is recognised that some service users / stakeholders will have particular needs e.g. out of hours visits, translation facilities and we will endeavour to accommodate these needs where practicable.

In addition, we aim to carry out our enforcement duties in line with the Council's Race Equality Scheme >>. In doing so we will provide enforcement services to all sections of the community without prejudice or bias and act promptly if we receive any complaints about the way that services are provided. We will also review and monitor (e.g. Yearly Customer Surveys) our services to make sure that they do not discriminate and identify where improvements can be made. We will work with our partners to promote race equalities and share best practice and ensure that partnership initiatives include equality outcomes.

Receipt of Service Request

It is essential that certain basic information is obtained whenever a request for assistance is received or a complaint made. Any person taking a call or initial request should record:

Name of contact

Address of contact

Contact phone numbers

Details of the problem

Date and time of the call

Name of person taking call

What we will do

We will provide clear advice and information on how to comply with any legislation, Code of Practice or Guidance.
We will serve Statutory Notices where required or Notice of Action being Taken, making clear what steps are being required for compliance.
Where there are rights of appeal against either Statutory Notices, Notice of Actions or Warning Letters, advice on any appeal mechanism will be clearly set out in writing at the time the notice is served / action is carried out.
We will provide advice and information to businesses where appropriate and endeavour to ensure that all our correspondence on enforcement matters is clear and unambiguous.
We will advise individuals and businesses of a named officer responsible for dealing with their case.
We will expect full voluntary compliance with Statutory Notices / Notice of Actions / Warning Letters but will not hesitate to use enforcement powers, where necessary. This may include the seizure of animals and the instigation of legal proceedings.
We aim to provide an efficient and fair enforcement service. However, in the event that a person or business is not satisfied with the way the Council has exercised itsAnimal Welfare duties, the Council has a formal complaints procedure for the registering of complaints. Details on how to complain can be obtained from the officer dealing with the case or by contacting the Council's Complaints Officer on 023 9244 6040.

Animal Welfare Service Enforcement Powers

We regard enforcement as encompassing all the actions we may take to achieve compliance with the conditions of statutory notices / notices of action. We will take the appropriate level of enforcement action within our statutory powers and the framework of this enforcement policy.

The following courses of action exist to deal with infringements:

	Action	Comment
1.	No action	Generally for unsubstantiated allegations or anonymous complaints
2.	Verbal advice	General advice where allegations of non-compliance with the appropriate Animal Welfare Legislation are unsubstantiated. Or where issued as general advice regarding good house keeping or animal care.
3.	Warning letters	General advice where allegations of statutory infringement are unsubstantiated or where immediate action was taken by the alleged offender to abate the infringement. Warnings are also given where there is insufficient evidence available to establish statutory infringement or where extenuating circumstances apply (e.g. where a sick animal has been abandon / left on the doorstep of a Pet Shop. Therefore ensuring that it is not being offered for sale in its current state of ill health.
4.	Service of Statutory Notices / Action Warning Letters e.g. under the Pet Animals (Pet Shops) Act 1951, the Animal Boarding Establishment Act 1963, the Riding Establishment Acts 1964 and 1970, the Dangerous Wild Animals Act 1976, and the Animal Welfare Act 2006 etc.	Served where statutory nuisance has been substantiated, or where such action is considered necessary and appropriate.
5.	Prosecution in Magistrate's Court	For substantiated breaches of statutory notices, i.e. where statutory notices, warning letters have not been complied with. For obstruction of authorised officers carrying out their duties.
6.	Seizure / Forfeiture of Pets or Animals offered for sale, breeding, riding or performance etc.	Where the individual Act deems such action is appropriate, statutory infringement continues unabated in breach of warning letters or previous / Judgements previously given.
7.	High Court Injunction	For serious and persistent breaches or infringement of the relative Animal Welfare Acts / Judgements previously given

Foreseeability of an offence or circumstances leading to it. Where an offence is clearly foreseeable, or where there have been a series of breaches or incidents that the offender or his or her employees is / are clearly aware of, and has failed to take effective remedial action, we will be more likely to prosecute.
Intent of the offender individually /corporately. We will be more likely to prosecute where the offender knows that a course of action or inaction is likely to lead to a breach of the appropriate Act, a statutory notice, notice of action or written warning.
History of offending. We will be more likely to prosecute where we have evidence of a history of offences, even if these offences are not the subject of legal proceedings e.g. because they are past the legal deadline for bringing an action.
Attitude of the offender. We will be more likely to prosecute where the offender shows reluctance to take appropriate remedial action to prevent further breaches of statutory notices.

Presumption to prosecute

Where there is sufficient evidence and where appropriate, having followed the guidance in the Enforcement Concordat, we will prosecute in any of the following circumstances:

Failure to comply with statutory notices, notice of action or written warning.
Following the seizure of any animal, equipment or assets.
Obstruction of Council Officers or the Council's Appointed Contractor or Agent.

Animal Welfare Enforcement Decision

Each case will be considered on its own facts and merits. The decision on what level of enforcement action is necessary will take into account:

Proven degree of Animal Suffering or Maltreatment. We will be more likely to prosecute where the breach of condition has resulted in the serious suffering or maltreatment of the animal(s).

Prosecution of company and individuals

Where a company is involved it will be usual practice to prosecute the company. However where individuals have caused offences e.g. maltreatment of animals or of obstruction then we will consider prosecuting those individuals. We will also consider the part played in the offence by directors and managers and action may be taken against such personnel, if appropriate. Where an offence is of special gravity, the Council will consider taking action in the High Court.

Enforcement Concordat

Havant Borough Council has formally adopted the Enforcement Concordat. Before any enforcement action is considered following expiry of a formal notice, the case will be discussed with the Environment Health Manager/Team Leaders.

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