- Draft legislation
This is a draft item of legislation and has not yet been made as a Scottish Statutory Instrument.
7. (1) When considering whether to grant or refuse a licence, but, without prejudice to its discretion to refuse a licence on other grounds, the licensing authority must in particular have regard to the need for securing–
(a)that any cat or dog in the possession, control or ownership of the applicant or licence holder must at all times be kept in accommodation suitable as respects construction, size of quarters, number of occupants, exercising facilities, temperature, lighting, ventilation and cleanliness;
(b)that any such cat or dog must be adequately supplied with suitable food, drink and bedding material, adequately exercised and visited at suitable intervals;
(c)that all reasonable precautions must be taken to prevent and control the spread among such cats and dogs of infectious or contagious diseases;
(d)that appropriate steps must be taken for the protection of any such cat or dog in the case of fire or other emergency; and
(e)that all appropriate steps must be taken to secure that any such cat or dog will be adequately supplied with suitable food, drink and bedding material, and adequately exercised, when being transported by or on behalf of the applicant.
(2) The licensing authority must, before reaching a decision as to whether or not to grant a licence, first consider a report made to the authority by an inspector appointed by it for that purpose under regulation 12.
(3) The report referred to in paragraph (2) must be made following an inspection by the person making the report and such inspection will be carried out after the application for the licence has been received unless regulation 9(3) applies.
(4) The inspection referred to in paragraph (3) means the inspection of any place, equipment or document as the person making the inspection thinks necessary for the purpose of enabling the licensing authority to satisfy itself on the matters referred to in paragraph (1).
(5) In the event of the death of the licence holder the licence will be deemed to have been granted to the licence holder’s personal representatives, as long as none of the personal representatives is subject to an order for disqualification under any of the provisions set out in regulation 5(2)(a) to (h), and will remain in force for a period of 3 months beginning with the death and will then expire.
(6) A licensing authority may on the application of those personal representatives extend the period of 3 months referred to in paragraph (5) if the licensing authority is satisfied that the extension is necessary for the purpose of winding up the deceased’s estate and that no other circumstances make extension undesirable.
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