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Environment and Planning >> Licensing

Licensable Activities - Guidelines and Forms

This page provides information, including links to licensing forms and guidelines in relation to the following activities:

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Animal Boarding

Animal Boarding Establishments Act 1963

Any premises, including a private dwelling, which is used for the business of providing accommodation for other people's cats or dogs is described as an Animal Boarding Establishment.  Any person running such an establishment requires a licence under the Animal Boarding Establishments Act 1963.

Boarding establishments are inspected by authorised Council Officers and/or Veterinary Surgeons.  Conditions are attached to licences controlling the standards of accommodation and animal welfare.  Licences normally run for one year but always expire on 31 December.

Application Forms and Guidelines

Fees

Fees

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Camping Sites

Public Health Act 1936

Camping Site Licences are issued under the Public Health Act 1936.  No fee is payable.  The need for a licence arises only if the site is used for more than forty two consecutive days or for more than sixty days in any consecutive twelve months.  However, it should be noted that the use of land as a camping site for more than twenty eight days in any calendar year will require Planning Permission.  Conditions are attached to licences, appropriate to the site concerned, and normally relate to the layout of the site, safety provisions and welfare facilities for the occupants.

Applications for Camping Site Licences are dealt with on an individual basis - please contact us for an application form.

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Caravan Sites

Caravan Sites and Control of Development Act 1960

Caravan Site Licences are issued under the Caravan Sites and Control of Development Act 1960.  No fee is payable.  A site licence is normally required for any land on which a caravan is sited for the purpose of human habitation although there are some exceptions.  Before an application for a site licence can be considered, planning permission must have been granted under Part lll of the Town and Country Planning Act 1990.  Conditions are attached to licences, appropriate to the site concerned, and normally relate to the layout of the site, safety provisions and welfare facilities for the occupants.

Applications for Caravan Site Licences are dealt with on an individual basis - please contact us for an application form.

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Club Premises Certificate

Licensing Act 2003

A club premise certificate is required under the Licensing Act 2003, to allow 'Qualifying Clubs' to supply alcohol and conduct other 'Qualifying Club Activities' from the premises for members and their 'bona fide guests'.

The application process for new club premises certificate or the variation of existing club premises certificate is the same as a premises licence and subject to the same full consultation and advertisement process.

Under normal circumstances the entire process will take 2 months from application to issue of the certificate.

Application Forms and Guidelines

Reviews

Fees

Further Information

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Dog Breeding

Breeding of Dogs Act 1973
Breeding and Sale of Dogs (Welfare) Act 1999

Anyone who breeds dogs as a business or produces, for sale, five or more litters of puppies per year must be licensed under the Breeding of Dogs Act 1973 as amended by the Breeding and Sale of Dogs (Welfare) Act 1999.  Hobby breeders are normally exempt.

On receipt of an application, and assessment of the information provided, an officer will arrange to visit the premises.  It may also be necessary for a report to be obtained from a veterinary surgeon or practitioner.  On grant of a licence, conditions will be imposed and details provided of records that must be kept.  Once granted, a licence will be valid for one year and is renewable annually.

Application Forms and Guidelines

Fees

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Door Supervisor

This function is no longer administered by local authorities, and most existing door supervisor licences expire on the 28th February 2005.

From the 1st March 2005 all existing registered door supervisors, and new applicants, should apply to the Security Industry Authority (SIA) for registration by that body.

Contact information for the Security Industry Authority:

Address:
PO Box 9,
Newcastle upon Tyne,
NE82 6YX
Telephone:  08702 430100
Fax:  08702 430125
Web:  www.the-sia.org.uk
Email:  info@the-sia.org.uk

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Exotic, Dangerous or Wild Animals

Dangerous Wild Animals Act 1976

Dangerous wild animal licences are issued for the keeping on premises of any animal listed in the schedule of 'dangerous wild animals' attached to the Dangerous Wild Animals Act 1976.  The Act does not apply to Zoos, Circuses, Pet Shops or establishments registered for carrying out animal experiments.  Application for a licence must be made and the accommodation approved before the animal is received.

Before a licence is issued the proposed accommodation will be inspected by an appointed Veterinary Surgeon to assess the suitability of the accommodation and the adequacy of welfare provision.  The applicant will be responsible for paying the veterinary inspection fees. Conditions are attached to licences.

The Council has a power of entry and inspection to the premises which hold a licence and may seize any licensed animal where the conditions of licence are not being complied with.  There are also powers of seizure of unlicensed animals.

Further information can be obtained from the DEFRA web-site

Application Forms and Guidelines

Fees

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Food Business

Licensing of Food Businesses

Information about Registering a Food Business can be found on our Food Hygiene and Safety pages.

Application Forms and Guidelines

Fees

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Gambling

Hastings Borough Council now accepts applications for premises licences under the Gambling Act 2005 plus applications for Gaming Machines and Lottery Registration.  The forms must be returned with the appropriate fee.

Application Forms and Guidelines

Fees

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Hairdressing

No operating licence is required for hairdressing but if you carry out any skin piercing procedures such as electrolysis or ear piercing you and your premises will need to be licensed under the Local Government (Miscellaneous Provisions) Act 1982.
Standards regarding Health and Safety will also be equally important to you in such areas as Control of Substances Harmful to Health (COSHH) and electrical safety.

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House to House Collections

House to House Collections Act 1939

A permit is required to undertake a 'house to house' collection, under the House to House Collections Act 1939.
Whereas Street Collection Permits are normally issued to cover a period of one or two days, a House-to-House Collection Permit can be granted for any period up to one year.  With regard to vetting and checking to ascertain whether the organisation applying is genuine or not, the same procedures apply as for street collections.

As with Street Collections Permits there is a requirement for the promoter of the collection to make a return following the collection.

Collections generally take place from door to door.
Some of the larger well-known charities such as Christian Aid, Help the Aged etc, have a Charity Commission exemption from having to apply for a permit, but by and large most of the smaller, and particularly local groups and organisations need a permit before they can collect money (or articles which they intend to sell later), from door to door.

Unlike street collections, there is a statutory right of appeal against the refusal to grant a House to House Collection Permit.  In this case, the right of appeal is to the Secretary of State, and the grounds for refusal are set out in the act itself.

One of the key grounds for refusal would be where the total amount likely to be applied for charitable purpose as a result of the collection, is inadequate in proportion to the value of the proceeds likely to be received.  So, for instance, where an applicant intends to claim a fair proportion of the proceeds of the collection for expenses, a permit could be refused.  There is no statutory guidance to local authorities on what would be a reasonable amount for expenses.

Application Forms and Guidelines

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Late Night Refreshment

The provision of late night refreshment under the following criteria will require a Premises Licence.

Restaurants, takeaways & mobile catering units, require such a licence, if they fall into the following criteria:

  • the provision of late night refreshment means the supply of hot food or hot drink to the public
  • for consumption on or off the premises
  • between 11pm and 5am
  • or the supply of hot food or hot drink to any persons between those hours
  • on or from premises to which the public has access

This directly involves premises involved in the late night takeaway trade and fast food outlets, who have previously not been regulated. The Government feels this is necessary to protect local residents because premises which serve late night refreshment can be used by customers who may have been drinking at other premises earlier in the evening, thereby creating the potential for disorder on and near these premises. The regulation of late night refreshment will tackle these issues and allow interested parties and responsible authorities to make representations about new licences, and seek reviews of existing licences where they are concerned that the licensing objectives will be or have been affected.

If a late night refreshment house / takeaway restaurant, or mobile catering unit, is not licensed to sell alcohol, or has not previously been licensed with the local authority, it will need to apply for a Premises licence if it fits the new criteria.

Application Forms and Guidelines

Fees

Further Information

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Lottery

Gambling Act 2005

All applications for Lottery Registration are now made under the Gambling Act 2005.

Application Forms and Guidelines

Fees

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Pet Shops

Pet Animals Act 1951

The sale of animals, other than invertebrates, as pets requires a licence under the Pet Animals Act 1951.  Conditions attached to licences control the accommodation in which animals are kept and their welfare.  Persons in control of a pet shop must hold a recognised qualification in pet shop management.

Pets must not be sold in the street or to children under 12 years, and the sale of animals at Bird or Reptile Fairs is normally illegal.

Licences run for a maximum of one year but always expire on 31 December.

Categories of animals which a pet shop may be licensed to keep

  1. Dogs and cats (puppies and litters).
  2. Smaller domesticated mammals, e.g. rabbits, cavies, gerbils, hamsters, rats, mice
  3. Larger domesticated mammals, e.g. goats, pot bellied pigs
  4. Primates, e.g. marmosets
  5. Other mammals
  6. Parrots, parakeets and macaws
  7. Other birds
  8. Reptiles
  9. Amphibians
  10. Fish
  11. Other Species

Application Forms and Guidelines

Fees

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Pleasure Boat

The Public Health Acts (Amendment) act 1907, Section 94

The Public Health Acts (Amendment) Act 1907, Section 94, empowers the Local Authority to grant Pleasure Boat Licences.  The legislation covers any boat or craft with a carrying capacity of up to twelve persons let for hire or used for the carrying of passengers for hire.  The area of operation of the craft will be designated and conditions imposed in respect of the vessel and its equipment and the competency of the licence holder.

Applications for Pleasure Boat Licences are dealt with on an individual basis - please contact us for an application form.

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Personal Licenses

Licensing Act 2003

A personal licence is required under the Licensing Act 2003 for a person wishing to sell or supply alcohol.  A person must apply to the Local Authority in whose area they are normally resident, it is a national licence valid for 10 years and when issued can be used in any area in England and Wales.

However the licence holder must notify the issuing authority of all changes of address and Court convictions.

To obtain a licence an applicant will need to hold an accredited licensing qualification and produce a current Criminal records Office (CRB) check.

Application Forms and Guidelines

Fees

Further Information

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Premises Licence

Licensing Act 2003

A premises licence is required under the Licensing Act 2003, and when issued it authorises the use of any premises for any licensable activities.

A premise is defined under the Act as:

  • A vehicle, vessel or movable structure or
  • Any place or part of any premises

Licensable activities under the Act are defined as:

  • The sale by retail of alcohol
  • The supply of alcohol by or on behalf of a club
  • The provision of regulated entertainment
  • The provision of late night refreshment

All applications for new licences or variations to existing licenses are subject to a public notice advertisement in a local paper and extensive local consultation. If no representations are made to the Local authority the licence will be issued as requested, if representations are made in respect of the application a local licensing committee hearing will be called to resolve the issues.

Under normal conditions the process takes approximately 2 months from application received to issue of the licence.

Application Forms and Guidelines

Fees

Further Information

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Private Hire Operators Licence

A Private Hire Operators Licence is required in order to be able to accept bookings for Private Hire Vehicles.
If you are a vehicle proprietor you may work for any existing Operator.

However, if you wish to apply for your own licence to operate from premises which will be used as a booking office, you need to obtain planning permission from the Council's Planning Department allowing use of the building.
A Certificate of Public Liability Insurance is required where the public have access to the premises ie waiting room etc.
Private Hire Vehicle proprietors who obtain 'school contracts' are also required to hold an Operators Licence.

You should also bring the following items:

  • Certificate of Public Liability Insurance
  • Copy of Planning permission
  • Correct Fee

Applications will not be accepted without production of the above.

Application Forms and Guidelines

Fees

Further Information

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Private Hire Vehicles

All Private Hire vehicles licensed with this Authority must be well maintained.
All vehicles are given annual inspections to ensure that they are mechanically sound and roadworthy.

Applicants must submit an application form and present the following documents:

  • Vehicle Registration Document
  • Current Certificate of Insurance (Specifically for the "Carriage of Passengers" or for Hire and Reward)
  • MOT
  • Appropriate licence fee (increased annually)

If all is in order then the vehicle may be licensed as a private hire vehicle, a licence plate is issued which must be affixed to the rear of the vehicle on the outside.
Not all vehicles are thought to be suitable for use as Private Hire Vehicles and you should obtain the permission of the Licensing Department before purchasing a vehicle.

Private Hire Operators Licence

A Private Hire Operators Licence is required whenever Private Hire Vehicles are used (unless the vehicle forms part of the fleet of an existing licensed private hire operator).  An application form should be submitted with the appropriate fee and for new licences, a letter from the planning department confirming either that the necessary planning permissions have been obtained or are not required.

Application Forms and Guidelines

Fees

Further Information

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Riding Establishments

Riding Establishments Act 1964

Stables which hire out horses or ponies for riding or instruction must be licensed under the Riding Establishments Act 1964, as amended.  Livery stables are not included.

Riding establishments will be inspected regularly to ensure that the standards of accommodation are being maintained.  Veterinary inspections are necessary to ensure that horses and ponies are in good health and physically fit for the purpose.

Once granted, a licence is valid for one year.  Conditions are attached to ensure animal welfare and to secure the safety of riders.

Application Forms and Guidelines

Fees

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Scrap Metal Dealing

Scrap Metal Dealing Act 1964

From 1st July 1965, under the Scrap Metal Dealers Act 1964, no person may carry on business as a scrap metal dealer unless he is registered by the Council.  Scrap metal dealers who:

  • occupy a scrap metal store in the Council's area; or
  • have their place of residence in the area; or
  • occupy a place in the area wholly or partly for the purpose of their business may apply to the Council for registration.

The Act provides that any person who carries on business as a scrap metal dealer without being registered is liable, on summary conviction, to a fine not exceeding £1000.

The Act further provides that every scrap metal dealer shall, at each place occupied by him as a scrap metal store, keep a book showing particulars of:

  1. all scrap metal received at that place, and
  2. all scrap metal either processed at, or despatched from, that place

The dealer may, at his option, keep two books, one containing the particulars required for a. and another with the particulars required for b.

Where a scrap metal dealer satisfies the Council that he carries on, or proposes to carry on the business of scrap metal dealer as part of the business of an itinerant collector and not otherwise, the Council may make an order directing that he shall be exempt from keeping the book(s) mentioned in paragraph 2 above but instead shall obtain and keep for production to authorised persons receipts for the sale of scrap metal to purchasers showing the weight and price of the scrap metal comprised in the sale.

A dealer who does not carry on business from a scrap metal store and who is not exempt from keeping the book(s) mentioned in paragraph 2 above must keep the book(s) at his usual place of residence or at any other place occupied by him wholly or partly for the purposes of his business as a scrap metal dealer.  Failure to comply with the provisions of the Act relating to the keeping of records may result, on conviction, in a fine not exceeding £1000.

The acquisition of any scrap metal from a person apparently under the age of 16, whether offered by that person on his own behalf or on behalf of another, is an offence under the Act and subject on conviction to a fine not exceeding £200.

These notes are no more than a brief summary of some of the main provisions of the Act and should not be read instead of the statute itself.

Application Forms and Guidelines

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Sex Establishments

Local Government (Miscellaneous Provisions) Act 1982 - Schedule 3

Schedule 3 of the Local Government (Miscellaneous Provisions) Act 1982 provides for the licensing of 'sex establishments'.  A sex establishment is defined as a sex shop or a sex cinema.  The Council is able to consider what would be the appropriate number of sex establishments for any area within which an application is made and may consider 'nil' as the appropriate number.

A sex cinema is broadly defined as any premises, vehicle, stall or vessel used to a significant degree for the exhibition of moving pictures, however produced, which concern, portray, stimulate or encourage sexual activity and acts of restraint associated with such activity.

A sex shop means 'any premises, vehicle, vessel or stall used for a business which consists to a significant degree of selling, hiring, exchanging, lending, displaying or demonstrating sex articles or acts of force or restraint associated with such activity.

Potential applicants are advised to discuss their proposals with the Licensing Section prior to making an application.

Application Forms and Guidelines

Fees

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Skin Piercing (Acupuncture, Tattooing, Ear Piercing and Electrolysis)

Local Government (Miscellaneous Provisions) Act 1982

If you want to carry out acupuncture, electrolysis, tattooing or ear piercing you and your premises need a licence to operate within the Hastings Borough.  The legislation for controlling this activity is the Local Government (Miscellaneous Provisions) Act 1982.  Hastings Borough Council has adopted Byelaws for the purpose of securing:

  1. The cleanliness of the premises Registered including its fittings
  2. The cleanliness of the person Registered.
  3. The cleaning and where appropriate the sterilisation of instruments, materials and equipment to prevent the transmission of disease.

Application Forms and Guidelines

Fees

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Street Collections

Police, Factories etc (Miscellaneous Provisions) Act 1916
Hastings Borough Council (Street Collection) Regulations 1981

Things you need to know

Each year we request that street collection applications for the following year be sent to the office below by 1 November.
During December we will try to give all applications their first choice of dates and areas.  Any applications we receive after this time will be given the days and areas that are left.
When you are filling in your form, please remember that we need at least 28 days to deal with your application.  We may not be able to issue permits without the full 28 days.

Saturday Collections

Many people wish to collect on Saturdays.  We will usually only allow one group to collect in the same area on the same day.

Entire Borough Collections

An "Entire Borough" collection covers all of the Hastings and St Leonards area.  So that we can give as many groups as possible the chance to collect in Hastings, we will normally only grant one "Entire Borough" collection per day.
If you do not want to collect throughout the entire borough, please tell us on the form which area(s) of the Borough you want to collect in and we can then offer the other areas to other groups.

Information

Before we can grant a street collection permit, we need to have as much information as possible about your charity, so please send in leaflets and a copy of the latest charity accounts with your application form.

Non-members

If you do not belong to the group you want to collect for, you must send in a letter from the group with your application form.
This letter must say that they agree to you collecting for them.

Carnivals

For collections with a carnival, bed push, standing display, vehicles etc, you will also need to contact the Senior Police Officer, Sussex Police, the Police Station, Summerfields, Bohemia Road, Hastings.  If such a collection is to be held in the town centres, you should also contact the Town Centre Manager on 01424 205516.

Animals

No animals must be used in any street collections, but please contact us if you need to use your guide dog during the collection.

Private areas

If you intend to collect in 'private areas' (e.g. Priory meadow, Safeways car park,) you will need permission from us and the owners of the land.

Subways

You are not allowed to collect in subways and pedestrian underpasses.

Selling

If you want to sell goods, magazines, etc, in a public place for charity, you will need a Street Collection Permit.

Money for Travel

You will not usually be allowed to take money from the collection for travel to and from the place you are collecting in. So please do not put travel expenses on the application form.

After the collection

Within one month after the collection, you have to fill in the "Form of Statement" (we will send this to you with the permit).  It has to be signed by an accountant and you will have to list the names of the people who collected for you and how much was collected.

Application Forms and Guidelines

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Street Trading

This information sheet offers general advice and is for guidance only.  For specific matters, items and locations you should contact the relevant Licensing officer.
If you want to sell goods or services on the streets of the Borough, its parks, open spaces or seafront then you will require some sort of permission and there will often be a fee or charge payable.
Whatever you want to do, the Council staff will need details, so first of all write, fax or e-mail the relevant officer with your ideas.  The document can be in any format but should include:

  • What you want to sell (in some detail).
  • Where you want to sell it (you may have a specific location in mind or something general like 'the promenade').
  • When you want to carry this out, time of day and dates (every day? evenings? for one event?).
  • How you intend to do it, selling from a stall perhaps, in which case supply details of the stall (size, design).
  • Why you want to do this is.  Is it for charity?  An established business or new venture?
  • Who is going to be selling, yourself?  Other staff?  How many?  Who will be on site on a daily basis in charge of the operation?  What experience of this sort of operation have you got?
  • Noise and Rubbish - will there be any disturbance to residents or traders, how will rubbish be disposed of.

You will need public liability insurance, depending on the location and activity, from £1,000,000 to £10,000,000 worth of cover.  We will need to see the certificate to verify that the insurance is in place.

Some trades or activities require additional licences and these must be in place before the Council would let you trade, for example:

  • If you intend to sell food you would require to be registered as a food premises (even for a mobile food stand), you would have to have had training and your premises inspected.
  • If you are going to run any sort of charity event at which you intend to collect money you will need a permit obtainable from the relevant Licensing officer.
  • If you are going to run any sort of raffle, tombola or lottery anywhere in the Borough including private property, you may need a permit obtainable from the Licensing Officer

Unlicensed Street Trading

If you wish to report an incident of unlicensed street trading, please contact the Licensing section, or use the on-line reporting form.

Application Forms and Guidelines

Fees

Contact List

Location: Roads and Streets (including pedestrianised areas of the town centre)
Contact: Licensing section.

Location: the Sea foreshore, Promenade, Stade, Sea front, Castle, Cliff Railways and St Mary in the Castle.
Contact: Beach Foreshore Services.
Note: Ice cream/food sales on the seafront - pitches are offered for tender on a regular basis.  For further details of pitches available and the tendering process, please contact the Seafront Services Manager.

Location: Alexandra Park, Warrior Square Gardens, The Oval, The Country Park and other open spaces
Contact: Leisure Manager - Sport and Recreation Services
Note: Ice cream/food sales in the parks etc - pitches are offered for tender on a regular basis.  For further details of pitches available and the tendering process, please contact the Leisure Manager.

Location: Council owned car parks
Contact: Parking Manager - Parking Services

The following are private property and you should contact the relevant manager at the venue for permissions:
Priory Meadow, Hastings Pier, Horntye Park Sports Complex and school playing fields

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Sunday Trading Advisory Notes

Sunday Trading Act 1994

The Sunday Trading Act 1994 reformed the law relating to trading on Sundays and permitted shops to trade by retail.  However, restrictions were placed on the trading hours in relation to large shops.  Large shops are defined as those with a floor area exceeding 280 square metres.

Large shops are permitted to trade for a maximum of six hours opening no earlier than 10.00am and closing no later than 6.00pm.  The need for large shops to notify the Local Authority of their trading hours, and the need for a public register to be maintained were removed by the Regulatory Reform (Sunday Trading) Order 2004.

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Temporary Event Notice

Licensing Act 2003

A temporary event notice is required under the Licensing Act 2003, to authorise the use of premises for 'licensable activities' where the premises either does not hold a current premise licence or for “licensable activities” or at a time not covered by the premises licence in force on the premises.

Any person over the age of 18yrs can apply for a notice, to apply a minimum of 10 working days notice is required to be given to the Local Authority prior to the planned event. Copies of the application need to be served on both the Local Authority and the Police. Hastings Borough Council seeks cooperation from applicants and encourages them to give as much notice as possible to consider the application.

Temporary Event Notices are subject to strict controls as follows:

  • Only 499 persons are allowed on the premises at any time
  • Each notice can cover an event for up to 96 hours
  • Only 12 such notices can be held at the same premise in a calendar year
  • The notices can only cover up to 15 days in total at a specific premises in a calendar year
  • A gap of at least 24 hours is required between notices issued on the same premises

There are additional limits placed on how many applications can be made by specific groups of persons as follows:

  • A personal Licence Holder can apply for 50 notices per calendar year
  • A non personal licence holder can apply for 5 notices per calendar year

Application Forms and Guidelines

Fees

Further Information

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Zoos

Zoo Licensing Act 1981

The Zoo Licensing Act applies to any establishment, other than a Circus or a Pet Shop, where animals that are not normally domesticated in the United Kingdom are kept for public exhibition on more than seven days in any consecutive twelve month period.

Licences are granted initially for four years and are normally renewable every six years thereafter.  Specified standards of 'modern zoo practice' have been published by the Secretary of State for the Environment and can be found on the DEFRA web-site.  Local Authorities must have regard to these standards.  Inspections before issuing a licence and on renewal of a licence will involve Veterinary Practitioners appointed by both the Local Authority and DEFRA.  Applicants are responsible for all veterinary charges.  Applicants should apply at least six months prior to the intended start date of their licence.

Application Forms and Guidelines

Zoos

Fees

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Contact Information

For further information on licensing, please contact our Licensing section.

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This page last updated: 25/07/2008

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