Westmorland and Furness Council is reminding animal business operators of their legal responsibilities after investigations into unlicensed activity led to three penalty notices being issued in the past 12 months.
The penalties, for a total of almost £6,000, followed investigations into businesses operating without the licences required by law, including activities relating to dog breeding and the sale of animals.
Animal activity licensing requirements apply to a wide range of businesses, including:
- Dog breeders
- Home boarders
- Kennels
- Dog day care providers
- Catteries
- Riding establishments
- Pet shops
- Businesses exhibiting animals
The notices were issued using powers introduced under the Animals (Penalty Notices) Act 2022, which enables local authorities to issue fines of up to £5,000 for a range of animal welfare and animal health offences. These powers can also be used where businesses are operating without the licences they are legally required to hold.
The Council is encouraging anyone who is unsure whether they need an animal activity licence to visit the Council's website or contact the Public Protection Team to discuss their business activities and ensure they are meeting their legal responsibilities.
Council officers have a range of options available from advice and education through to prosecution depending upon the individual circumstances.
Councillor John Murray, the Cabinet Member responsible for Regulatory Services, said: "Our priority is to protect animal welfare and support responsible businesses. We want to help people understand their legal obligations and obtain the correct licences where required.
"Most businesses engage positively with us when concerns are raised. However, where operators refuse to engage or continue to operate without the required licence, we will investigate and take enforcement action where appropriate.
"We also encourage residents to check that any animal-related business they use is properly licensed and to report any concerns about unlicensed activity."
Residents looking to use animal-related services are also being advised to check that businesses are licensed before making a booking.
Licensed businesses should display their licence number on their website and social media pages. Members of the public can also verify licence details through the Council's online Licensing Register.
Council officers have encountered poor animal welfare practices at some unlicensed animal businesses, highlighting the importance of licensing in protecting both animals and consumers.
Anyone who suspects an animal business may be operating without a licence is encouraged to report their concerns to the Public Protection Team.
Businesses found to be operating illegally may face penalty notices, and more serious offences could result in prosecution.
The penalty notices issued in the last twelve months were:
- £1800 - dog breeding
- £1650 - selling animals as pets
- £2500 - selling animals as pets
As a council we only keep our costs for completing the investigation – all other funds recovered are paid direct to the Government's Department for Environment, Food and Rural Affairs
The names and addresses of the three businesses issued with penalty notices have been withheld under Section 40(2) of the Freedom of Information Act 2000. As the businesses are sole traders, disclosure would reveal the personal data of identifiable individuals. Disclosure would contravene the data protection principles set out in GDPR and the Data Protection Act 2018.
A penalty notice under the act gives an individual or company the opportunity to avoid prosecution for a criminal offence by paying a fee. Payment of a penalty notice does not require an admission of guilt and will not result in a criminal record.
Penalty notices add to and complement the current suite of enforcement and regulatory options, such as:
- advice and guidance
- warning letters or statutory notices
- movement restrictions
- cautions and prosecutions
Penalty notices are not designed for serious offences or for minor breaches where advice and guidance in the first instance would be sufficient in rectifying the issue.