PART 2Issuing of licences
Granting and renewing of licence4
1
A local authority—
a
must, on the receipt of an application in writing for a licence giving such information as the local authority may require, grant a licence to an operator, or renew a licence, if it is satisfied that the licensing conditions are or will be met and any appropriate fee has been paid in accordance with regulation 7 and not otherwise;
b
must carry out an inspection of a track to satisfy itself that the licensing conditions are or will be met before granting or renewing a licence; and
c
may grant or renew a licence for any period of up to 3 years.
2
In considering whether the licensing conditions will be met, a local authority is entitled to take account of the applicant’s conduct as the operator of the track to which the licence relates or in relation to any other track, or any other circumstances that are relevant.
3
All licences granted under paragraph 4(1) are subject to the licensing conditions set out in the Schedule.
People who may not apply for a licence5
No person may apply for a licence to manage a track if they are disqualified under—
a
section 34 of the Animal Welfare Act 2006;
b
section 3(3) of the Animal Boarding Establishments Act 19636 from keeping a boarding establishment for animals;
c
section 3(3) of the Breeding of Dogs Act 19737 from keeping a breeding establishment;
d
section 5(3) of the Pet Animals Act 19518 from keeping a pet shop;
e
section 4(3) of the Riding Establishments Act 19649 from keeping a riding establishment;
f
section 1 of the Protection of Animals (Amendment) Act 195410 from having custody of an animal; or
g
section 3 of the Protection of Animals Act 191111 from the ownership of an animal;
and any licence issued to a person so disqualified is invalid.
Death of a licence holder6
1
In the event of the death of the operator who has been issued with a licence to manage a track, that licence is deemed to have been granted to personal representatives of the licensed operator in respect of that track and remains in force for a period of three months beginning with the death, but remains subject to the provisions in Part 3.
2
The personal representatives must notify the local authority which issued the licence that they are now the operators of the track within 4 weeks of the death of the licensed operator.
Fees7
1
A local authority may charge such fees as it considers necessary—
a
for the consideration of an application for a licence; and
b
for the grant of a licence.
2
The fee charged for the consideration of a licence must not exceed the reasonable costs of carrying out that consideration.
3
The fee charged for granting or renewing a licence must not exceed the sum of the costs of making the grant or renewal and the reasonable anticipated costs of future monitoring of compliance with these Regulations by the operator named in the licence.