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The Welfare of Wild Animals in Travelling Circuses (England) Regulations 2012

Draft Legislation:

This is a draft item of legislation. This draft has since been made as a UK Statutory Instrument: The Welfare of Wild Animals in Travelling Circuses (England) Regulations 2012 No. 2932

Grant and renewal of licence

This section has no associated Explanatory Memorandum

4.—(1) The Secretary of State—

(a)must, having received an application in writing for a licence giving such information as the Secretary of State may require, grant a licence to an operator, or renew a licence, if satisfied that the licensing conditions are or will be met and any appropriate fee has been paid in accordance with regulation 8 and not otherwise;

(b)may not grant or renew a licence unless the travelling circus has been inspected by an inspector;

(c)must take account of the results of any inspection under sub-paragraph (b) before deciding whether to grant or renew a licence; and

(d)may grant or renew a licence for any period of up to three years.

(2) In considering whether the licensing conditions will be met, the Secretary of State may take account of the applicant’s conduct as the operator of the travelling circus to which the licence relates or in relation to any other travelling circus or any other circumstances that are relevant.

(3) A decision by the Secretary of State not to grant or renew a licence must be notified to the applicant in writing and that notice must—

(a)include a statement of the grounds of the decision;

(b)set out the right of appeal to a magistrates’ court; and

(c)set out the period within which such an appeal may be brought.

(4) A licence granted under paragraph (1) is subject to the licensing conditions.

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