Section 10: Licence for use of more than two dogs in connection with section 9
117.Subsection (1) allows a person to apply for a licence permitting the use of more than two dogs for the activity permitted by section 9(1)(a).
118.Subsection (2) sets out the requirements for a licence application and subsection (3) requires the relevant authority to publicise the requirements for licence applications. Under subsection (6), the relevant authority is defined as either the Scottish Ministers or, if they have delegated their functions in relation to licences under section 11, Scottish Natural Heritage. Following a rebranding in 2020, Scottish Natural Heritage is now known as NatureScot. However, Scottish Natural Heritage remains its legal name under the Natural Heritage (Scotland) Act 1991.
119.Subsection (4) sets out the features of licences under this section.
120.Paragraph (a) provides that the licence may be granted to a particular person or category of persons. For example, a licence could be granted to an individual, a body such as a company or an unincorporated association, or a category such as all persons owning land within a certain postcode. Although the licence will be granted to a person or category of persons, the hunting does not necessarily have to be carried out by that person or category of persons (although the licence could require that under paragraph (f)). For example, a farmer could apply for the licence and then arrange for a footpack to carry out the hunting on their behalf. The person hunting a wild mammal will have to act in accordance with the licence in order to meet the condition in section 9(3)(a)(ii) and avoid committing an offence.
121.Paragraph (c) provides that a licence must not be granted unless the relevant authority is satisfied both that killing, capturing or observing the wild mammal will contribute towards a significant or long-term environmental benefit, and that there is no other solution which would be effective in achieving the purpose set out in section 9(2) in relation to which the licence application is made. This will include lethal and non-lethal solutions. For example, where the purpose is controlling the number of a species for its welfare, other solutions could include translocation, trapping or using one or two dogs to flush the wild mammal to allow it to be shot or killed by a bird of prey.
122.Paragraph (d) provides that a licence may only permit the use of the minimum number of dogs which the relevant authority is satisfied would be effective in achieving the purpose set out in section 9(2) in relation to which the licence application is being made.
123.Paragraph (e) provides that a licence must require the deployment of the minimum number of guns which the relevant authority is satisfied would be effective for compliance with the conditions set out in section 9(3)(e) and (f) (to shoot dead the wild mammal as soon as reasonably possible and to take reasonable steps to kill it in a way that causes it the minimum possible suffering if it is injured but not killed by an attempt to kill it). For example, several guns might be required to be deployed if the flushing of a wild mammal is taking place over a large area with multiple possible routes of escape, in order that the wild mammal can be readily shot.
124.The condition in section 9(3)(e) also allows a wild mammal to be captured, killed by a bird of prey or observed and allowed to escape. There may therefore be circumstances in which the relevant authority is satisfied that no guns are required to be deployed, for example because the licence is being sought for the purpose of observing wild mammals which will be allowed to escape, or because a bird of prey will be used to kill the wild mammal. However, it would also be open to the relevant authority to require a gun to be deployed in case, for example, the wild mammal was injured but not killed by a bird of prey, for compliance with section 9(3)(f).
125.Under paragraph (g) a licence may be granted for a maximum period of two years. This period must fall within two consecutive years but does not have to be a single period. For example, a licence could not be granted for six months at a time over a period of four years, but could be granted for June, July and August in two consecutive years.
126.Subsection (5) sets out the matters which must be specified in a licence, including the maximum number of dogs which are permitted to be used and the minimum number of guns (if any) which are required to be deployed. The maximum number of dogs which are permitted to be used will correspond to the minimum number of dogs which the relevant authority is satisfied would be effective under subsection (4)(d). As what is to be specified in the licence is a maximum, it would be open to a person to use fewer dogs: for example, if the licence specified a maximum of five dogs, a person could choose to use three or four.
