FAQ

Rooms that have carpets in the home should not be excluded as designated rooms but you would want to see a robust plan in the operators cleaning procedures for ensuring cleaning is effective.

If disease was present it would not be expected for a carpeted room to be used and there should not be carpet in any room that is designated for isolation

On the 6^th April 2020, the ban on the sale of a puppy or kitten that was not bred by the seller came into force in England.  This has commonly become known as “Lucy’s Law”. The purpose of the amendment to the regulations was to ensure anyone who was in the business of selling a puppy or kitten was also the breeder and hence the ban on third party sales.

An operator who breeds a puppy in England to sell as a business must be licensed as a “Breeding dogs” activity under Schedule 1 Part 5 of the regulations and meet the requirements of General Conditions in Schedule 2 and specific conditions in Schedule 6.  The puppy must be sold from the premises from where it was bred by the breeder.   These puppies cannot be sold by a commercial third-party seller in England

An operator who breeds a kitten in England to sell as a business must be licensed as a “Selling animals as pets” activity under Schedule 1 Part 2 of the regulation and meet  the requirements of General Conditions in Schedule 2 and specific conditions in Schedule 3.  The kitten must be sold by the breeder.   These kittens cannot be sold by a commercial third-party seller in England

There is no statutory obligation to prohibit the sale of a puppy or kitten that was bred outside of England.  The breeder of the puppy or kitten outside of England must also be the seller in England and be licensed as a business selling animals as pets under schedule 1 Part 2 of the regulations.

There is no  statutory requirement for the purchaser to see the mother and the puppy interact but it is highly recommended that all purchasers ask to see the mother and can satisfy themselves the seller has also bred the puppy or kitten as per the updated the guidance from the Specific Conditions for the sale of Pets in Schedule 3 (5.1) “The expectation is that prospective buyers will ask to see the offspring with the mother before making any purchasing decisions

Defra continue to promote the “Petfished Campaign” where information can be found on the responsible purchasing of animals https://getyourpetsafely.campaign.gov.uk/

The ban comes into force in April 2020. The Guidance documents for Pet Sales and Dog Breeding have been amended to reflect this ban and from that point no pet shops or dealers will be able to be licensed to sell puppies or kittens. Anyone who is licensed as a breeder must be able to provide proof of the breeding, keeping and whelping of their litters to ensure they were responsible for the entire process.

This condition can be met by having an area where dogs could be placed if the staff think they need some quiet/rest time. It can also be met by providing open crates, blankets to hide under, high sided beds or even cardboard boxes for them to hide in. 

If the applicant has stated the room will not be freely accessible to the dog, or if the room is difficult or risky for a dog to access, eg up a spiral or open staircase where a dog could slip and injure itself then it should not be included as a suitable designated room.

The purpose of the 1 star licence is to give business the opportunity to address issues and to be brought  into compliance. It should not be standard to issue a 1 star licence for more than a year as it is expected that all operators must comply with the minimum standards

If a new host family is introduced this will not automatically affect a franchisee’s star rating.  

If a host family which is inspected is found to be below franchisee standards then the franchisee can either suspend their membership/agreement with the host or accept a lower star rating. They will be given 7 days to make this decision.  The franchisee can revise their standards with the host and pay for a re-inspection.

If concerns are raised at the inspection indicating that the certified business may not be operating to the high standards or controlling risks appropriately, the inspector will address these in line with the guidance on procedural issues and the risk rating score adjusted accordingly. In addition these concerns should be reported directly to the UKAS-accredited body so that they can also intervene and / or suspend or withdraw the business’s certification. 

Where a UKAS scheme does not meet all the mandatory higher standards the statutory guidance will take precedent 

Home breeders just need to show they are competent and aware of the legislation and best practice around breeding. It is only when the business moves into a more intensive level where staff are employed that training is required. There is an optional higher standards l that enables a qualification to be obtained in order to achieve that higher standard.

The franchisee will obtain its own star rating based on the standards it demands for those who use its services meet. The franchisee will have SOPS and documentation used to set welfare criteria which each operator must meet. That level of criteria will set the seat rating for the franchisee. The local authority will be able to check they are being met when it inspects those providers who require a licence. If it is found they do not meet the standards, the franchisee will be informed and will have a short period of time in which to either reject the provider from their platform or request that standards are improved and there is a paid for re-inspection. If the franchisees allows the provider to continue operating under their arrangement system then the overall star rating will be lowered to match that of the provider.

There are a number of online platforms which arrange boarding for individuals. They either signpost the public to local boarders, collect the money on behalf of the boarders and take a percentage of the fee. These all fall within the licensing regime and as such should hold a broad licence which will be done on the basis of their administration such as SOPs. As part of that licence the franchisee has a duty to inform the local authority inspector team as to the individuals operating on their behalf within their jurisdiction and those that require a licence in that they are meeting the business test criteria e.g. operating repetitively, earning over £1000 etc. They will alert the local authority when they get a new operator so that the inspector is kept informed and can log it into their files.

A hobby breeder will not be breeding with the intention of making a profit. They will be breeding to further their breed health, to produce new show stock or to encourage the continuation of a rare breed. They will prove this by meeting more than one of the following indicators:

They will have registered membership of a club or society relevant to the breed and be known by the breed club.

They will breed only 1-2 litters and keep at least one of the puppies for showing or breed development whilst homing the others from a list of people waiting for a puppy from their stock or through a breed club website.

They show their dogs and can evidence attendance at events – entry forms, prizes etc

They will spend a sum of money on health testing, furthering the health of that breed and the care of the puppies so that they do not make a profit.

Breeders of dogs can be the trickiest to establish whether they require a licence as there are many who only breed one or two litters as a hobby but puppies which are not kept by the breeder may be high value. A hobby breeder can end up spending large sums breeding to obtain a puppy to continue a line or for showing and so profit may actually be low. The legislation provides advice on some of the principles outlining whether an operator needs a licence or not under the section “In Scope” and “Out of Scope.” HMRC refers to “indicators of trade” to establish if they are actually running a business and whilst the £1,000 threshold is mentioned it should not be the only factor and does not necessarily indicate a business. The main indicators to consider when trying establishing if a hobby has turned into trading or running a business are 1) are they intending to make a profit and 2) does the frequency and number of transactions (many and often) suggest that they are running a business?

The breeder needs to consider these principles themselves; consider whether they are breeding with the intention of making a profit and how regularly they are doing this and then make the decision whether they should apply for a licence. If they would like to be sure they need to contact their local borough council and ask to speak to the Licensing Inspector who should provide the necessary advice. They should be made aware that if they decide they do not need a licence but later the local council comes after them and an investigation results in the outcome that they should have had a licence, there is a possibility of a fine or even imprisonment.

This wording comes from the regulations themselves where some of the wording of the conditions are reproduced in the guidance. The regulations cover five different animal activities: dog breeding, animal boarding, hiring out horses, pet sales and animal exhibits.

The dogs could be walked together.

The owner can provide the food for the dog, but the licence holder must take into consideration whether or not this is suitable.

Some dog day care providers collect all of the dogs in the morning and return them in the evening. It is important that the dog’s welfare during these journeys is maintained and that they do not spend excessive amounts of time in transport.

Dogs must be removed from the room before a thorough clean is undertaken. Spot cleaning of faeces or urine can occur while the dogs are present.

The guidance states that “in a home environment dogs must have access to a secure outside area for toileting”. The dogs could all be allowed into this area at one time.

Dogs must be supervised at all times, however, in a home environment this will not extend to instances where attention is away from the dogs only momentarily. The operator can leave the dogs in a room alone for a short period as long as they are not left unattended in any situation or for any period likely to cause them distress. There must always be someone on hand to check on the dogs or some other form of supervision (e.g. CCTV).

Dogs must be supervised at all times, however, in a home environment this will not extend to instances where attention is away from the dogs only momentarily. The operator can leave the dogs in a room alone for a short period as long as they are not left unattended in any situation or for any period likely to cause them distress. There must always be someone on hand to check on the dogs or some other form of supervision (e.g. CCTV).

The guidance states that licence holders should ensure that dogs benefit from “adequate routine grooming and other health regimes as needed e.g. cleaning of eyes or keeping long fur from matting and inspection for parasites”. The intention is not that the licence holder groom the dogs on a daily basis, but that they ensure that the dog’s welfare is maintained by preventing their fur from matting for example.

Stakeholders agreed that dogs should not be confined in a crate for long periods of time. The establishment is required to have separate isolation facilities (condition 9.3) and so if a dog needed to be isolated for health or behavioural reasons, the isolation facilities should be used rather than a crate.

As a guide, a ratio of staff to dogs in established businesses must not normally exceed 1:10.

If an owner cannot provide a suitable crate then the dog should either not be kept in a crate or should not be boarded at the establishment.

A dog can only be confined in a crate for three hours in any 24 hours. A crate can be used overnight as long as the crate is kept open so that the dog is not confined.

Home boarding of cats is not permitted unless it meets the standards set out in the Defra Guidance notes for conditions for providing boarding for cats.

Yes, unless the usual occupant is under 16 years old.

Yes, because it must still be possible to separate the dogs if the need arises.

The purpose of the designated rooms is so that dogs can be separated if the need arises (e.g. if they are being aggressive towards one another). The dogs should not be permanently shut in their designated rooms.

Allowing each individual dog a designated room in which it can be separated from other dogs is important as in a worst case scenario where multiple dogs need to be separated for an extended period of time, one or two temporary spaces may not be sufficient. The regulations must allow for this worst case scenario.

The dogs belonging to the owner of the business must also have a designated room. These dogs can share one designated room – they do not need a room each.

The guidance accepts that it may not always be possible to have a setup where a door opens inwards. The following sentence in the guidance states: “Where this is not feasible there must be a procedure in place to demonstrate safety”.

The guidance states that training must be “a minimum of an OFQUAL regulated level 2 qualification in a relevant subject, or clear evidence of knowledge and experience”. The OFQUAL qualification is not mandatory, as long as the operator can demonstrate clear knowledge and experience.

The public consultation focussed on the major changes proposed to the system. It was stated that the legal requirements for each activity would be updated and we received responses from a number of home boarders and boarding establishments. The guidance was developed by local authorities, welfare organisations, vets, the Kennel Club and trade associations such as the Pet Industry Federation (PIF). Home boarders and dog day care providers were part of this consultation.

It is up to local authorities to set their fees based on full cost recovery. If an operator is finding that fees are disproportionate then these should be disputed with the local authority or the ombudsman can be contacted. Many councils will charge a separate application fee and fee for a 1, 2 or 3 year licence in which case the savings come from only having to pay the application fee once over a three year period.

When setting fees, local authorities should have regard to “Open for business: LGA guidance on locally set licence fees”, which sets out the steps that must be taken to set fair and reasonable fees, and explains the EU Services Directive upon which the LGA guidance is based. 

Local authorities should also have regard to the BEIS Guidance for Business on the Provision of Services Regulations. As with other areas of licensing, regard should also be had to the principles in the Regulators’ Code. “Reasonable anticipated costs” will be fact specific and dependent on the local authority in question. The “Open for business: LGA guidance on locally set licence fees” guidance includes information on what could be considered reasonable.

All activities are covered under a single licence however local authorities may choose to break up fees into separate parts in order to simplify these.

A healthcare plan is necessary to ensure that the policies and procedures in place are sufficient to prevent or minimise risk and to protect animal welfare.

These regulations do not apply to individual owners, but apply to businesses which are looking after a dog that belongs to someone else. This means they are held to high standards to minimise risk.

The four core vaccines (against canine parvovirus, canine distemper, canine adenovirus/infectious canine hepatitis and leptospirosis) are all recommended by BSAVA. Research shows that the risk of a dog experiencing a serious side effect to one of the core vaccines is remote and that not vaccinating dogs against these diseases is a much greater risk.

The guidance states that dogs must receive appropriate toys and feeding enrichment. If certain forms of enrichment are not considered to be appropriate then they do not need to be provided.

6.1 states that dogs should be fed separately unless the permission of the owner is given. Where an owner gives permission for their dog to be fed alongside other dogs then competition must be minimised as per 5.8. In this case there must be resources for each dog and the dogs should be carefully monitored.

Clear evidence of knowledge and experience will be assessed in tandem with inspections. Training has been developed for local authority inspectors which will cover how to assess this and if standards at an establishment are lacking then it may also become obvious that there is also a lack of knowledge/experience.

We did not consider that sufficient evidence was presented during the consultation period to justify including these activities in the licensing regime. If sufficient evidence is presented, this can be reconsidered at the five year review period.

Any business that has not been licensed before does not have a history of compliance with their local authority and so cannot be classed as low risk. They can, however, meet the higher standards and so are able to achieve a two year licence and a four star rating. Businesses that have been in operation for a number of years should have held a licence under the existing legislation or were most likely operating illegally.

The guidance will be edited to ensure that these are consistent.

The guidance will be edited to ensure that these are consistent.

The guidance will be edited to ensure that these are consistent.

In home boarding, dogs must not be routinely left alone for more than 3 hours in a 24 hour period, or shorter intervals as necessary for the individual health, safety and welfare of an individual dog.

In dog day care, dogs must be supervised at all times. However, in a home environment this will not extend to instances where attention is away from the dogs only momentarily. The operator can leave the dogs in a room alone for a short period as long as they are not left unattended in any situation or for any period likely to cause them distress. There must always be someone on hand to check on the dogs or some other form of supervision (e.g. CCTV).

The dog day care guidance is being edited to state that dogs can be walked off the lead with the owner’s permission.

A home boarding business that also runs day care from their home only needs to have a licence for home boarding. This is because under home boarding, it is envisaged the dogs are likely to be present in the day as well as overnight.