Search Legislation

The Animal Welfare (Licensing of Activities Involving Animals) (England) Regulations 2018

What Version

 Help about what version
  • Latest available (Revised)
  • Original (As made)

Status:

This is the original version (as it was originally made). This item of legislation is currently only available in its original format.

Regulation 2

SCHEDULE 1Licensable activities

This schedule has no associated Explanatory Memorandum

PART 1Business test

1.  The circumstances which a local authority must take into account in determining whether an activity is being carried on in the course of a business for the purposes of this Schedule include, for example, whether the operator—

(a)makes any sale by, or otherwise carries on, the activity with a view to making a profit, or

(b)earns any commission or fee from the activity.

PART 2Selling animals as pets

2.  Selling animals as pets (or with a view to their being later resold as pets) in the course of a business including keeping animals in the course of a business with a view to their being so sold or resold.

3.  The activity described in paragraph 2 does not include—

(a)selling animals in the course of an aquacultural production business authorised under regulation 5(1) of the Aquatic Animal Health (England and Wales) Regulations 2009(1), or

(b)the activity described in paragraph 8.

PART 3Providing or arranging for the provision of boarding for cats or dogs

4.  Providing or arranging for the provision of accommodation for other people’s cats or dogs in the course of a business on any premises where the provision of that accommodation is a purpose of the business by—

(a)providing boarding for cats;

(b)providing boarding in kennels for dogs;

(c)providing home boarding for dogs; or

(d)providing day care for dogs.

5.  The activity described in paragraph 4 does not include keeping a dog or cat on any premises pursuant to a requirement imposed under, or having effect by virtue of, the Animal Health Act 1981(2).

PART 4Hiring out horses

6.  Hiring out horses in the course of a business for either or both of the following purposes—

(a)riding;

(b)instruction in riding.

7.  The activity described in paragraph 6 does not include any activity—

(a)solely for military or police purposes, or

(b)involving the instruction of students at a university on a course of study and examinations leading to a veterinary degree to which a recognition order under section 3 of the Veterinary Surgeons Act 1966(3) relates and for as long as such an order is in force.

PART 5Breeding dogs

8.  Either or both of the following—

(a)breeding three or more litters of puppies in any 12-month period;

(b)breeding dogs and advertising a business of selling dogs.

9.  The activity described in paragraph 8 does not include—

(a)keeping a dog on any premises pursuant to a requirement imposed under, or having effect by virtue of, the Animal Health Act 1981,

(b)breeding only assistance dogs or dogs intended to be used as assistance dogs within the meaning of section 173 of the Equality Act 2010(4), or

(c)breeding three or more litters of puppies in any 12-month period if the person carrying on the activity provides documentary evidence that none of them have been sold (whether as puppies or as adult dogs).

PART 6Keeping or training animals for exhibition

10.  Keeping or training animals for exhibition in the course of a business for educational or entertainment purposes—

(a)to any audience attending in person, or

(b)by the recording of visual images of them by any form of technology that enables the display of such images.

11.  The activity described in paragraph 10 does not include—

(a)keeping or training animals solely for military, police or sporting purposes,

(b)any activity permitted under a licence to operate a travelling circus under the Welfare of Wild Animals in Travelling Circuses (England) Regulations 2012(5), or

(c)any activity permitted under a licence for a zoo under the Zoo Licensing Act 1981(6).

(3)

Section 3(1)(b) has been amended by paragraph 3 of the Schedule to S.I. 2008/1824.

Back to top

Options/Help

Print Options

Close

Legislation is available in different versions:

Latest Available (revised):The latest available updated version of the legislation incorporating changes made by subsequent legislation and applied by our editorial team. Changes we have not yet applied to the text, can be found in the ‘Changes to Legislation’ area.

Original (As Enacted or Made):The original version of the legislation as it stood when it was enacted or made. No changes have been applied to the text.

Close

Opening Options

Different options to open legislation in order to view more content on screen at once

Close

Explanatory Memorandum

Explanatory Memorandum sets out a brief statement of the purpose of a Statutory Instrument and provides information about its policy objective and policy implications. They aim to make the Statutory Instrument accessible to readers who are not legally qualified and accompany any Statutory Instrument or Draft Statutory Instrument laid before Parliament from June 2004 onwards.

Close

More Resources

Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:

  • the original print PDF of the as enacted version that was used for the print copy
  • lists of changes made by and/or affecting this legislation item
  • confers power and blanket amendment details
  • all formats of all associated documents
  • correction slips
  • links to related legislation and further information resources
Close

Impact Assessments

Impact Assessments generally accompany all UK Government interventions of a regulatory nature that affect the private sector, civil society organisations and public services. They apply regardless of whether the regulation originates from a domestic or international source and can accompany primary (Acts etc) and secondary legislation (SIs). An Impact Assessment allows those with an interest in the policy area to understand:

  • Why the government is proposing to intervene;
  • The main options the government is considering, and which one is preferred;
  • How and to what extent new policies may impact on them; and,
  • The estimated costs and benefits of proposed measures.
Close

More Resources

Use this menu to access essential accompanying documents and information for this legislation item. Dependent on the legislation item being viewed this may include:

  • the original print PDF of the as made version that was used for the print copy
  • correction slips

Click 'View More' or select 'More Resources' tab for additional information including:

  • lists of changes made by and/or affecting this legislation item
  • confers power and blanket amendment details
  • all formats of all associated documents
  • links to related legislation and further information resources