Overview
Selling animals as pets is regulated under the Animal Welfare (Licensing of Activities Involving Animals) England Regulations 2018.
A licence is required for anyone who sells animals as pets or with a view to them being resold as pets. This includes any internet business of selling pets plus anyone who supplies pets for sale, either to a third party or directly to the public.
Selling animals as pets as a business is prohibited in any part of a street, in a public place, or at a stall or barrow in a market.
Each premises will be risk rated at inspection and will be given a star rating from 1 to 5, which will also determine whether the premises is granted a licence for 1, 2 or 3 years.
Applications
Apply via post or email:
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Document
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Document
You can email your application and supplementary documents to EHealth@havant.gov.uk, or post them to Animal Welfare, Havant Borough Council, Public Service Plaza, Civic Centre Road, Havant, PO9 2AX. Once the team has confirmed receipt of your application, you will be contacted directly for payment of the application fee.
Please note that an application for a licence renewal must be received more than 12 weeks before the current licence expires. Failure to do so may result in the licence not being renewed in time and, thus a period where the business can not operate.
Conditions
The Animal Welfare (Licensing of Activities Involving Animals) (England) Regulations 2018 came into force on 1st October 2018. You must comply with all of the minimum standards in the guidance below to achieve a licence and as well as a physical inspection of the premises, evidence of all relevant paperwork and qualifications will need to be seen at your inspection.
You must read and understand the Government's statutory guidance.
Inspections
Appointed veterinary surgeons and practitioners, appropriately qualified local authority officers, or other competent persons authorised by the local authority may inspect licensed premises and any animals at such premises at any reasonable time. There will normally only be one inspection for each licence granted, but further inspections may be made to check that licence conditions have been complied with, if a complaint is received about the premises, or if there is any concern about the condition of the premises, or the welfare of an animal at the premises.
Unlicensed premises may also be inspected in accordance with the Animal Welfare Act 2006.
Re-Inspection and Appeals
You may decide that you would like to have your premises re-inspected, if you have undertaken improvements since the licence was issued and you feel that you could achieve a higher star rating. If you would like your premises to be inspected again and consideration given to changing the star rating, please contact the Animal Welfare Team via email to EHealth@havant.gov.uk. The correspondence should include your licence number, confirmation that you are requesting a re-inspection, and the actions that have been taken by the business to improve the level of compliance or welfare since the inspection. Where appropriate, you may also attach supporting evidence.
There is a fee for re-inspection. Once your request is made, there will be confirmation it has been received and we will contact you to take payment of the fee. If re-inspection is appropriate it will be carried out within three months of receipt of the request. There is no limit to the number of re-inspection visits a business can request, however, there will be a fee for each visit charged. Please be aware that your star rating could go up or down following a re-inspection.
You may be dissatisfied with the star rating awarded on your licence and choose to appeal this. To appeal the star rating given, you must submit your appeal in writing to the Animal Welfare Team via email to EHealth@havant.gov.uk. Your appeal must be received within 21 days (including weekends and bank holidays) of your licence being issued. The correspondence should include your licence number, confirmation that you are appealing the star rating given, and the reasons for the appeal.
The appeal will be determined by the Environmental Health Manager, after considering paperwork associated with the inspection and the past record of the business. This officer will not have been associated with the inspection and the associated scoring of the site.
Refusal, revocation, suspension or variation to licence
A licence will be refused;
- If the applicant is under 18.
- If the applicant has been disqualified from holding an animal licence or keeping an animal, or has had a licence revoked under section 15 of the Regulations.
- If conditions of the licence are not met.
The applicant may appeal to a First tier Tribunal if the Council refuses to grant or renew a licence
A licence may be varied, suspended or revoked by the Council for the following reasons;
- the licence conditions are not being complied with.
- there has been a breach of the Regulations.
- the information supplied by the licensee is false or misleading.
- it is necessary to protect the welfare of an animal.
Any significant change to the premises may require a variation to your licence. The licensee may request a variation or the Council can impose one. This will involve a small charge. Please contact us on EHealth@havant.gov.uk if you think a variation may be needed.
The licensee may appeal to a First Tier Tribunal if the Council has varied, suspended or revoked a licence.
Fees
The fees due for animal licences are reviewed every financial year, and vary depending on the type of licence. Please click here for a schedule of fees.
After submitting your application, you will be contacted to take the application fee, this will be prior to the inspection. After your inspection, and in order to issue your licence, you will need to pay the compliance fee. You may be subject to variable vet fees, depending on the licence.