August 2023
Licensing Legislation
The increase in dog ownership has led to a rise in illegal dog breeding and there are calls for the Government to introduce dedicated licensing officers in all local authorities across the UK. Local authorities are working under pressure with the limited resources they have to tackle illegal breeding. There are wide differences in how local authorities apply their standards and regulations to animal welfare and enforcement. Some councils are going beyond to deliver for the animals and their welfare by bringing in teams of highly trained licensing officers. One local authority in northeast England is doing just that with proof of many successful prosecutions and a rise in ongoing investigations. Licensing legislation is explained here in more detail - what it is and why we need it. Of course, illegal breeding is thriving partly due to lack of the regulation of online selling platforms. Because of this, it is difficult to know the difference between responsible breeders and unethical breeders (highlighted in the April blog) which is so confusing when searching for a puppy online.
What is Licensing Legislation?
The Animal Welfare (Licensing of Activities Involving Animals) (England) Regulations 2018 came into force in October 2018. It is a legislation requiring businesses or sole traders involving animals to obtain a licence to show they are meeting the welfare needs of the animals in their care and safeguarding their health. For dog breeding, this means: ‘A breeding licence will be required for anyone breeding three or more litters and selling at least one puppy in a 12-month period, and for anyone that places an advert for a puppy if they meet the business test of an income of over £1000 within a year. Bear in mind that one pup can easily cost in excess of £1000 and puppies are generally born in litters, so most people fall into this category’.
The licensing team in local councils have the responsibility of issuing licenses. They work with other organisations to ensure animal welfare is maintained at the highest level. They also carry out investigations of unauthorised activities such as illegal dog breeding and respond to complaints where licensing is required. When applying for a licence, a licensing officer carries out regular inspections before it has been accepted and thereafter when granted. This may be for a domestic breeder (for example in the home environment) or a commercial breeder (large scale and/or kennels).
A breeding licence lasts for one, two or three years and breeders must reapply when it expires. A licensing officer also encourages responsible ownership as a lot more can be done to avoid animal suffering in the early stages through education and other tools. More information about the Animal Activity Licensing process is found on the Gov.uk link at the end of this article.
There are cases where ignorance of the legislation can lead to illegal breeding and other activities with many linked to organised crime and money laundering. Did you know that if you or your business are breeding without a licence, you could go to prison for up to 51 weeks and/or receive an unlimited fine? Although disappointingly the punishment does not usually fit the crime in most cases, many court orders are issued banning the defendants from keeping dogs. However, we know that it is difficult keeping tabs on reoffenders as they just get lost in the system.
It is worth noting that licensed dog breeders should be proud of their status as a responsible seller showing good practice that is achieved through the licence conditions. They will also be proud to show their licence when asked. There are also many unlicensed ‘hobby breeders’ who genuinely care for their dogs.
Online Selling
As we recently discovered, the Government has stalled the Kept Animals bill. However, without question, team Justice for Reggie has not stalled! We continue to focus our efforts on researching the online adverts, which is sad to say, still fill us with horror and despair. Following some recent searches on the sites and social media, we have found fake adverts, fake mums or no mums, false names and addresses and sellers claiming they are breeders - selling multiple litters across different selling platforms. Not to mention a poor mother dog sold on three times to three different ‘homes’ and bred from each time. The list goes on. Until these sites are regulated, it will never stop. We report as many as we can and urge you to do the same if you are suspicious.
Many selling sites are flooded with sellers and dealers who stage their adverts pretending they are breeders when they are not. It is little wonder that buyers are still being caught out. Despite the introduction of Lucy’s law, things are only getting worse. Lucy’s law was introduced in 2020 and means that anyone wanting to buy a puppy MUST buy direct from a breeder (or consider adopting). First, you need to see the puppies with their mother in the place that they were born, so you really need to visit them, or you could be fuelling the puppy trade. The RSPCA and Dogs Trust have useful puppy buying tips on their websites.
Illegal breeders use dogs as a commodity purely to make money from, nothing else. Some breeding dogs spend their entire lives in cages and pens without any veterinary attention. Some die in horrific conditions. Many dogs have been stolen and used for breeding. Please do your research when buying a puppy and be prepared to ask many questions. Further visits may be required to ensure that it is where they live and not brought in to sell in other locations (more frequent than you think).
What is the future of animal welfare?
Local authorities are under immense pressure; however, they are cracking down on illegal puppy sellers who are putting money before animal welfare. One thing is for certain – we need much heavier punishments and fines that would send out a clear message to the illegal breeders. Furthermore, all the online selling sites need to be regulated (the heart of our campaign). We also need more resources for dedicated licensing officers. It can be frustrating when it appears that nothing is being done on a report of illegal activity by members of the public. Investigations into illegal breeding activities do take a considerable length of time – sometimes many months, taking into account the joint working with other organisations such as the police and RSPCA in preparation of court cases. On the plus side, local authorities have found that most of the selling sites do fully engage in releasing sensitive information to them. The selling platforms keep accurate records of all advertisements and conversations that are conducted through the accounts whereby securing information for investigative purposes has been easy.
A message from the Licensing Enforcement Officer: ‘Please report any concerns you have with your local authority – this can be done confidentially. It is the only way to protect these poor animals and take a swipe at organised crime in the process’.
