Agenda item

1.

Question from  Naturewatch Foundation to the Cabinet Member Development and Safety, Councillor McKinlay

According to Battersea Dogs & Cats Home at least 560,000 puppies are born in Britain each year. The Pet Food Manufacturer's Association estimates suggest a number closer to 800,000. At the time of writing 142 litters are currently listed for sale in Cheltenham by the top five online advertisers. 

Meanwhile reports such as BBC2's The Dog Factory, BBC1's Watchdog (broadcast 8th October) and those of national animal welfare charities, including Naturewatch Foundation, show a clear link between commercial, volume distribution of puppies and disease, distress and damage to families, communities and individual animals.

Given that commercial traders and careful, considerate local breeders will both post adverts which look the same, what can Cheltenham Borough Council do to identify licensable trading and to ensure full adherence to specified conditions thereafter?

Also, in the event that prospective puppy buyers in Cheltenham identify adverts or trading circumstances which they believe either warrant licensing, or breach licence conditions which have been applied by Council, how can they best help achieve the high standards local people and animals both need and deserve?

Response from Cabinet Member Development and Safety

·         There are no licensed dog breeders in the district at the moment, although reports of licensable trading are followed up when received from the public. If Cabinet approve the recommended standards for dog breeders, the animal licensing service would proactively identify traders who should be licensed

·         The proposed procedure for identifying licensable trading in this respect (subject to the standards being adopted by Cabinet) is:

a)    Education and awareness of:

                              i.        what kinds of trading are licensable in respect of dog breeding, how to apply for a licence and how to report someone who should be licensed (using media, local vets and council website for example). The key message is dog breeders with more than five breeding bitches need to be licenced. A list of licence holders will be available on the council website so that the public, vets etc can check the person/business they are interested in is licensed. (information about pet vendors and dog boarders are already listed for example). In addition, the licence holder should display their licence prominently so the public can see it, or produce it on request.

                             ii.        the standards attached to animal licences so the public etc can report non-compliances

                            iii.        the types of trading/activities that do not require a licence (so that we manage customer expectations and receive intelligence that we can take action on). The key message is that a small breeder with less than five breeding bitches does not need to be licensed.

b)    All complaints, reports and intelligence relating to unlicensed dog breeders will be allocated to the animal licensing service for investigation and enforcement as appropriate.

c)    The team will proactively investigate any concerns they become aware of through local advertisements, websites etc.

d)    The team is part of a county wide animal welfare group which aims to raise standards and consistency in this field. The group have proposed a Gloucestershire project focussing on imports and illegal trade, subject to resource.

·         In order to ensure adherence to the specified conditions thereafter, the animal licensing service would undertake an inspection regime, investigate complaints and concerns and have regard to the council’s graduated enforcement policy throughout. For example, an inspection by a vet and Environmental Health Officer (EHO) is part of the licensing application process, with an annual EHO inspection thereafter when the licence is renewed. The council’s enforcement policy does not prescribe a certain course of action with reference to specific legislative requirements but guides a ‘most appropriate course of action’.

·         Each case must be considered on its own merits, but a likely graduated course of enforcement action with regard to animal licensing could include:

§  Verbal warning

§  Written warning

§  Schedule of works required (informal)

§  Schedule of works required by serving a legal Notice under the Animal Welfare Act 2006

§  Prosecution under the Animal Welfare Act 2006 or under licensing legislation

§  Revocation of licence

·         It is important to remember that the council only has Power of Entry into premises already licensed (this power does not extend to domestic premises but does include outbuildings where dogs may be bred). Depending on the facts of the case, a warrant would likely be requested from the Magistrates Court.

·         No formal enforcement action has been taken so far with regard to animal licensing as outcomes were obtained through informal means eg through the use of compliance checks and written letters/warnings.

·         The key message for the public is not to buy the puppy and to report any concerns to the council for investigation. Although some people may feel they should buy the puppy to ‘rescue’ it, this would actually perpetuate the situation and provide financial incentive to offenders.

·         Puppies should normally be bought after they have been seen at least twice in their home with the mother (regardless of whether this is with a licenced breeder, a kennel club breeder or a non-licensable arrangement). The public can refer to the council’s proposed standards, as well as noting observations such as if they are shown a puppy socialisation plan, and if the adult dogs seem happy and well cared for.

·         The standards themselves were chosen by the council as they represent best practice (CIEH Model Licence Conditions and Guidance For Dog Breeding Establishments January 2014) although it should be noted that the council will not have any standards under which to operate, should Cabinet choose not to adopt those that have been recommended to them.

In a supplementary question, Mr Joel asked whether the council would consider raising awareness of the issue particularly in events that it organises such as Paws in the Park.

The Cabinet Member thanked Mr Joel for this suggestion and said the council would be happy to raise public awareness in any way it could.