The Animal Welfare (Licensing of Activities Involving Animals) (England) Regulations 2018
The regulations modernise and streamline a number of the previous Acts and Regulations which covered the following five areas of licensable activities involving animals:
- selling animals as pets
- providing or arranging for the provision of boarding for cats or dogs
- hiring out horses
- breeding dogs
- keeping or training animals for exhibition
The regulations have largely repealed or amended the old acts and regulations with the introduction of a single type of licence, known as an 'Animal Activity Licence'. New nationally set licence conditions have also been developed.
This simplifies the licence needed by businesses, ensuring all businesses working with animals are covered and will improve animal welfare standards.
Star Rating:
A key part will of the Animal Activity Licence will be a new “star rating” which will be awarded as part of a risk-based system of inspection. This system will be used to determine both the time length of the licence issued and the star rating awarded. The star rating ranges from 1 star to 5 stars. The better performing the business is from a welfare perspective the higher the star rating awarded.
Furthermore, the higher the standard of the business the longer the licence will be issued i.e. 1 to 3 years.
The rating of businesses will consider both the welfare standards as well as the level of risk, based on elements of past performance/compliance. How we score a business
The scoring matrix determines the star rating. It takes into account the animal welfare standards adopted by the business and your level of risk (based on elements such as past compliance).
Welfare standards - scoring matrix:
Risk level: Low risk
Minor failings - 1 star - 1 year licence
Minimum standards - 3 star - 2 year licence
Higher standards - 5 star - 3 year licence
Risk level: Higher risk
Minor failings - 1 star - 1 year licence
Minimum standards - 2 star - 1 year licence
Higher standards - 4 star - 2 year licence
All licences are subject to 1 unannounced visit within the term of the licence
The ratings for the animal licences recently issued under the new legislation average 2 stars, and the reason for the lower star ratings at this time relates to the changes in documentation which have been required by Defra. Most businesses are not yet fully compliant in all areas of the required documentation and have received additional guidance during the inspection process to assist them in achieving full compliance.
Determining welfare standards
Meeting the minimum standards
This means a licence holder meets the standards set out in the specific and the general conditions. The Defra guidance documents outline in more detail how to meet the conditions. It is expected all licence holders will achieve minimum standards.
Minor failings
A licence will be issued as the failings are normally only administrative. A licence is not issued or will be suspended or revoked where the welfare of animals may be compromised.
Higher standards
Each activity has higher standards highlighted in the Defra guidance documents. Meeting the higher standards is optional but is the only way to gain a higher star rating. A business must meet the minimum standards before the higher standards can be considered. There are two types of higher standard: 'required' and 'optional'. To apply the higher standards businesses need to achieve all of the 'required' higher standards and 50 per cent of the 'optional' higher standards.
Determining business risk
We use the risk scoring table to decide if a business, not certified by a UKAS accredited body, is 'low' or 'high' risk. The risk assessment does not reconsider specific issues covered by the minimum or higher standards. It looks at the likelihood of future satisfactory compliance being maintained. New businesses that do not have three years of compliance history with a local authority (or a UKAS accreditation) will automatically be considered high risk as they have no operational history.
Licence general conditions/specific condition
Businesses will need to meet all of the minimum standards set out in the relevant specific conditions for the types of animal activities undertaken and the general conditions set out in the Regulations. There are also optional higher standards that if achieved will result in a higher star rating being awarded.
The new regulations, licence conditions and associated guidance for each of the animal activities can be found on the Canine & Feline Sector Grroup website or are available upon request from this authority.
Inspections
All premises will be inspected before the licence is granted. We will continue to use the services of the City of London, Animal Health, and Welfare Services for carrying out the inspections on our behalf.
The inspector will be looking to make sure the applicant has the following:
- a specialist knowledge in the species that they are caring for and a clear understanding of its needs and welfare. This would include the animals' mental and physical health, feeding and knowledge of environmental enrichment. The applicant should be able to demonstrate that they have researched and followed expert guidance in order to carry out their role.
- comprehensive records that contain all the information required by the conditions that apply to their activities.
- an understanding of risks involved in caring for the animal, including an extensive risk assessment and written policies and procedures that are reviewed regularly. These documents should be available for the Inspector to examine.
- training procedures in place to make sure staff know what is expected of them, and clear evidence of good supervision of staff.
- the premises itself will also be assessed so we can be sure the licence holder can meet the new laws relating to the physical environment in which the animals will be kept.
- based on the information, the risk rating and award stars will be assessed. 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.
- if the applicant is not satisfied with the decision, they can make improvements to address highlighted issues, and ask for a re-inspection.
The licence fee structure explained
The fee that you will be charged is now been broken down into two parts.
Part A covers the administration costs of processing the licence application. Part A must be paid at the time of applying.
Part B is to cover other costs of the Animal Welfare Licence Service. This includes inspection and compliance visits, enforcement action and other costs not directly associated with the processing of the application. Part B is only payable if the licence is granted.
Part A and Part B fees can be paid together at the beginning of the application process. Paying Part A and Part B will mean that as soon as the application has been granted you are licensed. If the application is not granted Part B will be refunded.
When applying for a renewal, if the Part B fee is not paid at the time of the application, it must be paid within 7 days of notification of the application being granted, otherwise it will be a condition of the licence that the premises cannot operate under the licence until the Part B fee is paid.
The Licence fees are reviewed annually and our current fees are provided in the following table. See our website for the most up to date fees – www.lbhf.gov.uk
We do recommend that Part A and Part B are paid together so as not to delay the issuing of your Licence.
How to make payment?
Payment options
Call 020 8753 1081 to make a payment by debit card (no fee) or credit card.
Cheques made payable to London Borough of Hammersmith and Fulham.
Fee refunds
If an application for a licence is not granted or if the applicant withdraws the application the Part A fee is not refundable. A refund for Part B minus a fee of £24.50 to cover Council administration costs can be made if it was paid on application.
If the licence is surrendered for cancellation (for example if the business closes) a partial refund of the Part B fee only can be given to the Licence Holder. The value of the refund will be for each complete month which remains unexpired. The date of surrender will be deemed to be the date the Council receives the licence.
The process of providing a risk rating
When should businesses be rated?
Businesses are rated following an inspection that takes place prior to grant/renewal of the licence or a requested re-inspection. Businesses may also be re-rated following an unannounced or additional inspection (e.g. following a complaint), if major issues are highlighted that require follow up action.
Where businesses have a licence for multiple activities within the scope of the regulations, should each activity be rated separately?
The licence holder should receive only one rating, which must cover all the activities. Where they are meeting different standards for different activities (e.g. meeting the higher standards for dog breeding, but the minimum standards for dog boarding), the overall score should reflect the lower of the two.
If you are unhappy with your rating – the appeals process
Local authorities are required to have an appeal procedure in place for businesses to dispute the star rating given in respect of their business. The appeal procedure is relevant where the business wishes to dispute the star rating given as not reflecting the animal welfare standards and risk level of their business at the time of the inspection. This should not be used if the business has made improvements to their business and wishes to be reassessed – in this case, they should apply for re-inspection
We recommend you discuss your concerns firstly with the ‘inspecting officer’ so that there is an opportunity to help explain how the rating was worked out, as this may help resolve the matter without the need to lodge an appeal.
Any such discussions do not form part of the formal appeal process and do not change the deadline within which an appeal must be lodged.
Businesses have 21 days (including weekends and bank holidays) following the issue of the licence in which to appeal the star rating.
How can a business appeal their star rating?
If you wish to appeal the star rating for your business the appeal should be made in writing (including by email) to:
Head of Environmental Health
Hammersmith & Fulham Council
Food and Safety Team
Hammersmith Town Hall
King Street
London W9 9JU
foodandsafety@lbhf.gov.uk
How will we determine the outcome of your appeal?
The authority then has 21 days (including weekends and bank holidays) from the date they receive the appeal to consider the appeal, within which time they must issue a decision to the business.
The authority will determine the outcome of an appeal by considering the paperwork associated with the inspection and the past record of the business. In some circumstances, a further visit to the establishment may be required.
The costs of any additional inspections related to the appeal will be borne by the applicant unless it results in a higher rating being awarded. This will depend on the nature of the dispute and whether a decision can or cannot be made on the basis of the paperwork.
What if you disagree with the outcome of the appeal?
If you disagree with the outcome of the appeal, you can challenge the authority’s decision by means of judicial review. The business also has recourse to the local authority complaints procedure (including taking the matter to the Local Government Ombudsman where appropriate).
Requests for re-inspections for re-rating purposes
The re-inspection mechanism applies in cases where businesses with ratings of ‘1’ to ‘4’ have accepted their rating and have subsequently made the necessary improvements to address non-compliances identified during the authority’s last inspection. Please be aware that re-inspection for re-rating purposes could lead to a lower rating being awarded rather than an increase in rating.
Re-inspection falls under full cost recovery, and so you will be required to pay for the costs of the inspection I advance.
When is the inspection carried out?
The re-inspection should be carried out within three months of receipt of your request.
How many re-inspections can a business 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 at full cost recovery.
How should a business request a re-inspection?
The request should be made in writing (including by email) and the case for a re-inspection given i.e. it should indicate the actions that have been taken by the business to improve the level of compliance or welfare since the inspection and, where appropriate, should include supporting evidence.
All requests for a re-inspection should be sent to:
Head of Environmental Health
Hammersmith & Fulham Council
Food and Safety Team
Hammersmith Town Hall
King Street
London W9 9JU
Does the authority have to agree to all requests for re-inspections?
No. If the case made by the business is not substantiated or insufficient evidence is provided, the authority can refuse to undertake a re-inspection on that basis. The authority will explain why the request is being refused and confirm the actions that must be taken in order to improve the rating and enable a reinspection.