FOI request (FOIR-577972196)

Animal Welfare

Requested Tue 16 January 2024
Responded Tue 23 January 2024

Please provide the following information under the Freedom of Information Act

1. The number of licences (current only) you have issued under paragraph 10 of Schedule 1 to the Animal Welfare (Licensing of Activities Involving Animals) Regulations 2018 (LAIA Regulations 2018) (this being the licensable activity of 'Keeping or training animals for exhibition') to farm parks, petting zoos, city farms or any other set-ups/establishments where animals are exhibited to the public.

2. The names and addresses of those establishments.

3. Details of how many of these licensed establishments exhibit (or have, or will, exhibit) rabbits.

4. Details of how many inspectors you have appointed under regulation 4(2)(a) of the LAIA Regulations 2018.

5. Details of who is responsible for dealing with animal welfare complaints relating to farm park, petting zoos and other such establishments in your area.

6. Contact details for that person/those people.

7. Details regarding how often the establishments licensed under paragraph 10 of Schedule 1 to the LAIA Regulations 2018 are inspected.

8. What guidance the inspectors appointed under regulation 4(2)(a) of the LAIA Regulations 2018 are given as to how they are to establish that the welfare needs of the rabbits they are inspecting are being met by the farm park, petting zoo, and so on. For example, are they given a copy of the Good Practice Code for the Welfare of Rabbits?

9. The number of licences (issued at all times since the LAIA Regulations 2018 came into force) under paragraph 10 of Schedule 1 to the LAIA Regulations 2018 have been suspended or revoked under the powers in regulation 15, and why?

10. The number of licences (current only) you have issued under paragraph 2 of Schedule 1 to the LAIA Regulations 2018 (this being the licensable activity of 'Selling animals as pets')?

11. Details of how many of these licensed sellers sell rabbits?

12. Details of how many of these licensed sellers sell only rabbits?

13. Details of how many of these licensed sellers are pet shops, and how many are private individuals?

14. Details of who is responsible for dealing with animal welfare complaints relating to these sellers (of any animals, not just rabbits)?

15. Contact details for that person/those people.

16. The criteria you use for determining whether the 'business test' in paragraph 2 of Schedule 1 to the LAIA Regulations 2018 is met.

17. The level of income the sellers licensed under paragraph 2 of Schedule 1 to the LAIA Regulations 2018 need in order to be deemed to be selling animals 'in the course of a business'.

18. Whether you have a dedicated animal welfare officer/team?

19. If so, what their contact details are.

Response

1. Zero

2. Not applicable

3. Not applicable

4. Two

5. Licensing Officer

6. licensing@hastings.gov.uk

7. At the time of application, one mid term visit, and one at renewal.

8. Appointed inspectors qualified to L3 use statutory guidance under the act.

9. Zero

10. Three

11. One

12. Zero

13. 1x Pet shop - Franchise

14. Licensing Officer

15. licensing@hastings.gov.uk

16. This guidance is for local authority inspectors in England. It should be read alongside the Animal Welfare (Licensing of Activities Involving Animals) (England) Regulations 2018 (https://www.legislation.gov.uk/uksi/2018/486/schedule/4/made).

To decide if an activity is covered by the regulations and needs a licence to operate, you should consider all of the following guidance. All keeping or training animals for exhibition activities need a licence if they're carried out as a commercial business.

To decide if an activity is a business and will need a licence, consider if the operator:

• makes any sales or carries out the activity to make a profit.

• earns any commission or fee from the activity.

• often exhibits or trains animals for a fee, such as at dog shows like Crufts.

• does not often exhibit or train animals for a fee, but the profit margin is high.

You should also consider HMRC's 9 badges of trade (https://www.gov.uk/hmrc-internal-manuals/business-incomemanual/bim20205).

17. HMRC's 9 badges of trade. If someone has a trading income below the HMRC trading income allowance, they do not require a licence for their activities (https://www.gov.uk/hmrc-internal-manuals/business-incomemanual/bim20205) (https://www.gov.uk/guidance/tax-free-allowances-on-property-and-trading-income#trade).

18. No

19. Not applicable