Licence summary
A zoo is defined as being 'an establishment where wild animals are kept for exhibition ... to which members of the public have access, with or without charge for admission, seven or more days in any period of twelve consecutive months'.
The wide scope of this definition means that licensed zoos range from traditional urban zoos and safari parks to small specialist collections such as butterfly houses and aquaria.
The Zoo Licensing Act 1981 (as amended) requires the inspection and licensing of all zoos in Great Britain. The Act aims to ensure that, where animals are kept in enclosures, they are provided with a suitable environment to provide an opportunity to express most normal behaviour.
Eligibility criteria
An applicant must not be disqualified from any of the following at the time of the application:
- the Protection of Animals Acts 1911 to 1964;
- the Protection of Animals (Scotland) Acts 1912 to 1964;
- the Pet Animals Act 1951;
- the Animal Boarding Establishments Act 1963;
- the Riding Establishments Acts 1964 and 1970;
- the Breeding of Dogs Act 1973;
- the Dangerous Wild Animals Act 1976;
- the Endangered Species (Import and Export) Act 1976.
- Part I of the Wildlife and Countryside Act 1981
An applicant for a licence will need to consider whether planning permission is required for the proposed licensed activity. They should contact the planning department to discuss whether permission will be needed. The local authority may refuse or defer a decision on an application for a licence until the planning issue has been decided.
Applicants must pay the required application fee and comply with any conditions attached to the licence. You will also be recharged DEFRA appointed inspectors fees for any formal inspections that take place during the licence period and on application.
Each original licence will run for four years, consecutive renewals will run for six years.
For small zoos or for a zoo exhibiting only a small number of different kinds of animals the Secretary of State has powers to relax the requirements of the Act. The local authority can seek a direction that the Act shall not apply at all (Section 14(1)(a)) or that certain category of inspection is not required (Section 14(1)(b)).
Alternatively, the zoo operator, on applying to the Secretary of State for a zoo licence, may be granted a dispensation (Section 14(2)) to reduce the number of inspectors to a reasonable level for a small establishment. This doesn’t reduce the zoo’s obligation to achieve the levels of animal welfare and public safety set out in the Secretary of State’s Standards.
Regulation summary
A summary of the regulation relating to this licence
Application evaluation process
Public notice
For new applications at least two months prior to placing an application with the authority the potential zoo operator must provide in writing their intention to make an application. A published notice must also be placed in a locally circulating newspaper as well as a national newspaper. A copy of this notice must also be placed at the site for easy viewing and with the local authority for public comment.
The local authority may request representations from the police authority, fire service authority, public objections and/or a national institution concerned with the operation of zoos in the UK (i.e. if aquatic zoo go to an aquatic zoo specialist). Other person(s) whose representations might be relevant can also be consulted.
Application form
Once this period of time has lapsed, an application form can be submitted along with the current fee. For renewals an application form should be sent to South Hams District Council 6 months prior to the licence expiring.
Inspections
An inspection is carried out by a Secretary of State appointed inspector who will produce a report of his findings. Based on the report and other considerations the local authority will grant or refuse to grant a licence. The operator will receive a written statement of the grounds for any refusal.
Periodic inspections, with Secretary of State appointed inspectors, occur as a minimum at renewal stage (ie within the six months leading to the expiry date) and in the first year of the original licence and in the third year of the six-year period of a renewal. The local authority can request a special inspection by an appointed competent person where concerns have arisen. In any calendar year where no other inspection has taken place, an informal inspection is carried out by an appointed person from the local authority.
Licence conditions
The Zoo Licensing Act 1981 specifies conservation measures that must be undertaken by the zoo. The licence will contain appropriate conditions with regard to these measures and the Secretary of State issues model conditions for zoo licences. The local authority also has discretion to attach any condition(s) deemed necessary or desirable for the proper conduct of the zoo.
The Secretary of State issues guidance of standards of practice that zoos should meet which apply in England. Copies of the Secretary of State’s Standards of Modern Zoo Practice are available from DEFRA or download at Standards of Modern Zoo Practice.
Guidance is also available with regard to conservation, education and other issues via the Zoos Forum Handbook.
Target completion time
New applicants are firstly required to give notice of application two months before. Once the full application (new or renewal) is received we have to liaise with the Secretary of State and appoint nominated inspector(s) and agree an inspection date giving 30 days notice to all parties. Once the inspectors produce their report liaison is made with the applicant for comment. .If the required two months notice of intention to apply is correctly served (for new applicants only) we will aim to have your application dealt with and licence granted or refused within 160 days of receipt of the application. A flow chart of the licensing process is here:
Zoo Licensing Act Guidance Flow Charts
Will tacit consent apply?
No. A zoo licence application is incredibly complicated. It is in the public interest that the authority must process your application before it can be granted.
Apply online
Notification of your intention to apply for a zoo licence
Apply for a licence to operate a zoo
Tell us about a change to your existing zoo licence
Apply by post
Alternatively you may contact us for printed application forms and return them to us at the address below with the appropriate fee.
Failed application redress
Please contact The Environmental Health Department at South Hams District Council in the first instance if you have any concerns or issues.
Appeal
If a licence holder is refused an application or object to a condition attached to the licence they may appeal to the local Magistrates' court . The appeal must be made within 28 days of the written notification of the refusal and a notice of appeal must be served on the local district council.
Fees
Click here to view fees for licence applications.
Contact details
Address
The Environmental Health Department
South Hams District Council
Follaton House
Plymouth Road
Totnes
Devon
TQ9 5NE
Tel: 01803 861234
Fax: 01803 861294
Email: licensing@southhams.gov.uk
Licence holder redress
If you are not happy with the service the Council has provided with regard to your application, please contact the Environmental Health Department of the Council in the first instance, and we will try to resolve any concerns you may have.
Consumer complaint
If you wish to make a complaint of any kind about a zoo within the South Ham District Council area please contact us.
If you are not happy with the service the Council has provided with regard to your application, please contact the Licensing Office of the Council in the first instance, and we will try to resolve any concerns you may have.
The Council also has a formal complaints procedure. Please write to the Environmental Health Department at the contact address above, you may wish to send your letter by recorded delivery.
If your complaint is still not resolved, if you are located in the UK, Consumer Direct will give you advice. From outside the UK contact the UK European Consumer Centre
Further information
DEFRA
