OpenLegislation

Zoo Licensing Act 1981 in Scotland

1981 c. 37 · Enacted 27 July 1981 · Extends to England, Wales and Scotland

Not fully up to date. 3 changes made by later legislation have not yet been written into this text, which is revised to 8 June 2022.

See the changes not yet applied
ProvisionChangeMade by
s. 3(2)(e)(ii)words substitutedPlanning (Consequential Provisions) (Wales) Act 2026 Sch. 2 para. 156
s. 4(6)words insertedPlanning (Consequential Provisions) (Wales) Act 2026 Sch. 2 para. 157(a)
s. 4(6)words insertedPlanning (Consequential Provisions) (Wales) Act 2026 Sch. 2 para. 157(b)

An Act to regulate by licence the conduct of zoos.

[27th July 1981]

Contents

  1. Licences
  2. 1Licensing of zoos by local authorities.
  3. 2Application for licence.
  4. 3Consideration of application.
  5. 4Grant or refusal of licence.
  6. 6Renewal of licence.
  7. Secretary of State’s functions
  8. 8Secretary of State’s list.
  9. 9Secretary of State’s standards.
  10. Inspections
  11. 11Special inspections.
  12. 12Informal inspections.
  13. Special cases
  14. Fees etc.
  15. Enforcement
  16. 17Revocation of licence.
  17. Supplemental
  18. 19BElectronic communications
  19. 20Transitory provision for existing zoos. Repealed
  20. 21Interpretation.
  21. 22Consequential amendments.
  22. 23Short title, commencement and extent.

1Licensing of zoos by local authorities.

(1)

Subject to this section it is unlawful to operate a zoo to which this Act applies except under the authority of a licence issued under this Act by the local authority for the area within which the whole or the major part of the zoo is situated.

(2)

In this Act “zoo” means an establishment where wild animals (as defined by section 21) are kept for exhibition to the public otherwise than for purposes of a circus (as so defined) F1in England and otherwise than in a pet shop (as so defined) F2...

F3(2A)

This Act applies to any zoo to which members of the public have access, with or without charge for admission, on seven days or more in any period of twelve consecutive months.

(2B)

This Act also applies in accordance with its terms to any zoo to which members of the public do not have such access if a licence is in force in respect of it or as otherwise provided (in particular, in sections 13 and 16C to 16G).

(2C)

In this Act—

(a)

a section of a zoo means—

(i)

a particular part of the zoo premises;

(ii)

animals of a particular description in the zoo; or

(iii)

animals of a particular description which are kept in a particular part of the zoo premises; and

(b)

references to the closure of a section of a zoo to the public mean—

(i)

the closure to the public of a particular part of the zoo premises;

(ii)

ceasing to exhibit animals of a particular description to the public; or

(iii)

ceasing to exhibit animals of a particular description to the public in a particular part of the zoo premises.

(3)

The local authorities for the purposes of this Act are—

(a)

in England F4. . ., the district councils, the councils of London boroughs and the Common Council of the City of London;

F5(aa)

in Wales, the councils of counties and county boroughs;

(b)

in Scotland, the F6councils constituted under section 2 of the Local Government etc. (Scotland) Act 1994.

F7(4)

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

2Application for licence.

(1)

An application to the local authority for a licence for a zoo shall not be entertained by the local authority unless, at least two months before making it, the applicant has given notice in writing to the local authority of his intention to make the application, has published notice of that intention in one local newspaper circulating in the locality and one newspaper with a national circulation and has exhibited a copy of that notice at the site and the said notice shall state that the notice to the local authority may be inspected as provided by subsection (3).

(2)

Any notice given or published under subsection (1) must identify the situation of the zoo for which the application is to be made; and the notice to the local authority must specify—

(a)

the kinds of animals listed in taxonomic category of Order and approximate number of each group kept or to be kept for exhibition on the premises and the arrangements for their accommodation, maintenance and wellbeing;

(b)

the approximate numbers and categories of staff employed or to be employed in the zoo;

(c)

the approximate number of visitors and motor vehicles for which accommodation is or is to be provided;

(d)

the approximate number and position of the means of access provided or to be provided to the premises.

F1(2A)

Any notice given to the authority under subsection (1) must also specify how the conservation measures referred to in section 1A are being or will be implemented at the zoo.

F2(2A)

Any notice given to the local authority under subsection (1) must also specify how the conservation measures referred to in section 1A are being or will be implemented at the zoo.

(3)

Any notice given to the local authority under this section shall, until the disposal of the application to which it relates, be kept available by the authority at their offices for public inspection free of charge at reasonable hours.

3Consideration of application.

(1)

On the consideration of an application for a licence the local authority shall take into account any representations made by or on behalf of any of the persons mentioned in subsection (2).

(2)

The persons are:—

(a)

the applicant;

(b)

the chief officer of police (or in Scotland the chief constable) for any area in which the whole or any part of the zoo is situated;

F1(c)

the relevant fire and rescue authority;

F2(c)

the appropriate authority

(d)

the governing body of any national institution concerned with the operation of zoos;

(e)

where part of the zoo is not situated in the area of the local authority with power to grant the licence

F3(i)

a planning authority for the area in which the part is situated (other than a county planning authority F4...); F5or

(ii)

if the part is situated in Wales, the local planning authority for the area in which it is situated;

(f)

any person alleging that the establishment or continuance of the zoo would injuriously affect the health or safety of persons living in the neighbourhood of the zoo;

(g)

any other person whose representations might, in the opinion of the local authority, show grounds on which the authority has a power or duty to refuse to grant a licence.

F6(3)

In subsection (2) “the relevant fire and rescue authority” means—

(a)

where the Regulatory Reform (Fire Safety) Order 2005 applies to the zoo—

(i)

the enforcing authority within the meaning given by article 25 of that Order, and

(ii)

the fire and rescue authority under the Fire and Rescue Services Act 2004 for the area in which the whole or any part of the zoo is situated, if that authority is not the enforcing authority mentioned in sub-paragraph (i);

(b)

in any other case, the fire and rescue authority under the Fire and Rescue Services Act 2004 for the area in which the whole or any part of the zoo is situated .

F7(3)

In subsection (2) “the appropriate authority” means–

(a)

where Part 3 of the Fire (Scotland) Act 2005 (asp 5) applies in relation to the zoo–

(i)

the enforcing authority within the meaning of section 61(9) of that Act, and

(F8ii)

the Scottish Fire and Rescue Service, if it is not the enforcing authority,

(b)

in any other case, the F9Scottish Fire and Rescue Service.

4Grant or refusal of licence.

(1)

Before granting or refusing to grant a licence for a zoo, the local authority shall—

(a)

consider inspectors’ reports made in pursuance of inspections of the zoo under this ActF1...

(b)

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F2(1A)

Before granting or refusing to grant a licence for a zoo, the local authority shall also–

(a)

consult the applicant about the conditions they propose would be attached to the licence, if one were granted, under section 5(2A) and (if applicable) section 5(3); and

(b)

make arrangements for an inspection to be carried out in accordance with section 9A (subject to subsection (2) of that section).

(2)

The local authority shall refuse to grant a licence for a zoo if they are satisfied that the establishment or continuance of the zoo would injuriously affect the health or safety of persons living in the neighbourhood of the zoo, or seriously affect the preservation of law and order.

F3(2A)

The local authority shall also refuse to grant a licence for a zoo if they are not satisfied that the conservation measures referred to in section 1A will be implemented in a satisfactory manner at the zoo.

(3)

The local authority may refuse to grant a licence for a zoo if F4subsection (2A) does not apply but they are not satisfied that the standards of accommodation, staffing or management are adequate for the proper care and wellbeing of the animals or any of them or otherwise for the proper conduct of the zoo.

(4)

The local authority may also refuse to grant a licence if—

(a)

the applicant, or

(b)

(where the applicant is a body corporate) the body or any director, manager, secretary or other similar officer of the body, or

(c)

any person employed as a keeper in the zoo,

has been convicted of an offence under this Act or under any of the enactments mentioned in subsection (5) F5, subsection (5A) or of any other offence involving the ill-treatment of animals

(5)

The enactments are—

()

F6the Protection of Animals Act 1911 ;

()

the Protection of Animals (Scotland) Acts 1912 to 1964;

()

F7the Performing Animals (Regulation) Act 1925;

()

the M1Pet Animals Act 1951

()

F8the Animals (Cruel Poisons) Act 1962;

()

F9. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

()

the M2Animal Boarding Establishments Act 1963;

()

the Riding Establishments Acts 1964 and 1970;

()

the M3Breeding of Dogs Act 1973;

()

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

()

the M4Dangerous Wild Animals Act 1976;

()

the M5Endangered Species (Import and Export) Act 1976.

()

F10Part I of the Wildlife and Countryside Act 1981

()

F11sections 4, 5, 6(1) and (2), 7 to 9 and 11 of the Animal Welfare Act 2006.

()

F12section 13(6) of the Animal Welfare Act 2006, so far as the offence arises from the contravention of section 13(1) of that Act in relation to dog breeding in Wales;

F13section 13(6) of the Animal Welfare Act 2006, so far as the offence arises from the contravention of section 13(1) of that Act in relation to the carrying on of an activity in England;

()

the Animal Welfare (Breeding of Dogs) (Wales) Regulations 2014 F14;

()

the Animal Welfare (Licensing of Activities Involving Animals) (England) Regulations 2018.

F15(5A)
()

sections 28C or 28F(16) of the Animal Health Act 1981 (c. 22);

()

sections 19 to 24, 25(7), 29 or 40(11) of the Animal Health and Welfare (Scotland) Act 2006 (asp 11).F16;

()

the Animal Welfare (Licensing of Activities Involving Animals) (Scotland) Regulations 2021

(6)

If the local authority are not satisfied that any planning permission required under Part III of F17the Town and Country Planning Act 1990 or under F18the Town and Country Planning (Scotland) Act 1997, for the establishment of the zoo or for the continuance of the zoo during the period for which the licence would be in force, has been, or is deemed to be, granted, they shall either refuse to grant the licence or grant the licence but suspend its operation until the local planning authority within the meaning of the said Act of 1990 or, as the case may be, 1997 have notified the local authority that any such planning permission has been or is deemed to be granted

(7)

Except as provided by this section the local authority shall not refuse to grant a licence pursuant to an application and if they do refuse to grant it they shall send to the applicant by post a written statement of the grounds of their refusal.

(8)

When a licence is granted the local authority shall send it to the applicant by post and the licence or a copy of it shall be publicly displayed at each public entrance to the zoo.

6Renewal of licence.

(1)

Where application for the renewal of an existing licence is made to the local authority not later than six months before the end of the period of the licence or such shorter time as the local authority may in special circumstances allow the local authority may either—

(a)

extend the period of the existing licence; or

(b)

direct the applicant to apply for a fresh licence in accordance with section 2.

F1(1A)

Before extending the period of an existing licence under subsection (1)(a) the authority shall—

(a)

make arrangements for an inspection to be carried out in accordance with section 9A (subject to subsection (2) of that section); and

(b)

consider the report made to them pursuant to that inspection.

(2)

Where application for a fresh licence is made by the holder of an existing licence, the existing licence shall, if the application is made before the end of the period of that licence or within six months after notice of a direction given to the applicant under subsection (1)(b), continue in force until the application is disposed of or withdrawn F2....

(3)

Any extension of the period of an existing licence under subsection (1)(a) shall be granted for a period of six years beginning with the end of the period of the existing licence; and the local authority shall take reasonable steps to secure that the holder of the licence is notified in writing of the extension.

(4)

The local authority shall give notice to the holder of any licence granted by that authority, not later than nine months before the end of the period of the licence, of the latest date on which application for renewal may be made under this section.

8Secretary of State’s list.

(1)

The Secretary of State shall, after consultation with the presidents of the British Veterinary Association, the National Federation of Zoological Gardens and the National Zoological Association and with such other persons as he thinks fit, compile a list consisting of two parts, the first part containing the names of veterinary surgeons and veterinary practitioners falling within subsection (2) and the second part containing the names of persons falling within subsection (3).

(2)

The surgeons and practitioners shall have experience of animals of kinds which are kept in zoos or which in the Secretary of State’s opinion might be so kept F1and shall be competent to advise about the implementation in zoos of the conservation measures referred to in section 1A.

(3)

Each of the persons shall be competent in the Secretary of State’s opinion to do all the following, namely, to inspect animals in zoos, to advise on keeping them and on their welfare, F2to advise about the implementation in zoos of the conservation measures referred to in section 1A, and to advise on the management of zoos generally.

(4)

A person’s name may be contained in both the first and the second parts of the list.

(5)

After such consultation, the Secretary of State may vary the list by adding names or deleting them (or both).

(6)

Persons on the list may charge the licensing authority such amounts in respect of their services and expenses as the Secretary of State may from time to time determine with the approval of the Minister for the Civil Service.

9Secretary of State’s standards.

After consulting such persons on the list and such other persons as he thinks fit, the Secretary of State may from time to time specify standards of modern zoo practice, that is, standards with respect to the management of zoos and the animals in them.

11Special inspections.

(1)

The local authority may at any time carry out a special inspection of a zoo for which a licence granted by them is in force if they consider it appropriate to do so having regard to—

(a)

any periodical report on the zoo made to them pursuant to section 10; or

(b)

any representations made to them on behalf of a properly constituted body concerned with any aspect of the management of zoos or the welfare of animals; or

(c)

any report on the zoo made to them pursuant to an inspection F1in accordance with section 9A or under the provisions of section 12; or

(d)

any other circumstances which in their opinion call for investigation.

(2)

A special inspection under this section shall be conducted by persons who appear to the local authority to be competent for the purpose and who are authorised by the authority to conduct the inspection.

(3)

Where the purpose of the inspection relates to the health of animals, the inspectors shall include (or, if one, the inspector shall be) a veterinary surgeon or veterinary practitioner with experience of animals of kinds kept in the zoo.

(4)

On appointing persons under subsection (2), the authority shall communicate to them and to the operator of the zoo the purpose and scope of the inspection.

(5)

Paragraphs (c) to (e) of subsection (4) and subsections (5) to (7) of section 10 apply to a special inspection as they apply to a periodical inspection except that the references in subsections (4)(d), (4)(e) and (5) to features and records and improvements are references only to features and records and improvements relevant to the purpose and scope of the special inspection.

12Informal inspections.

(1)

Without prejudice to sections F19A, 10 and 11, the local authority shall make such arrangements as they think fit to ensure that any zoo for which a licence granted by that authority is in force is inspected informally by an inspector once in any calendar year in which no inspection is made under those sections.

(2)

The inspector shall be appointed by the authority and shall be a person appearing to the authority to be competent for the purpose of the inspection.

17Revocation of licence.C1

(1)

The local authority may, after giving the holder an opportunity to be heard, revoke a licence for a zoo granted by them under this Act—

(a)

if any reasonable requirements relating to the premises or conduct of the zoo notified by them to the holder in consequence of the report of any inspection under this Act are not complied with within such time as is reasonable in the circumstances;

(b)

if they are satisfied that the zoo has been conducted in a disorderly manner or so as to cause a nuisance, or in breach of any conditions of the licence;

(c)

if the holder (or, where the holder is a body corporate, the body or any director, manager, secretary or other similar officer of the body) is convicted of any offence mentioned in section 4(4);

(d)

if any person who, to the knowledge of the holder, has been so convicted is employed as a keeper in the zoo.

(2)

No licence may be revoked under subsection (1)(a) or (b) on grounds involving the care or treatment of animals unless the authority first consults such persons on the list as the Secretary of State may nominate for the purposes of this subsection.

(3)

The local authority shall take reasonable steps to secure that the holder of the licence is notified in writing of their decision to revoke the licence.

19BElectronic communicationsF1 S

(1)

Subject to subsection (2), any reference in this Act to any document, notice, notification or statement in writing shall include a reference to that document, notice, notification or statement being an electronic communication (as defined in section 15(1) of the Electronic Communications Act 2000 (c. 7)), which has been recorded and is consequently capable of being reproduced.

(2)

Any notice which a local authority requires to send may be given to or served on a person by such an electronic communication only if–

(a)

the person consents in writing to the receipt of a notice of the kind in question from the sender by electronic communication sent to a specified number or address; and

(b)

the communication is sent to the number or address in question.

(3)

In any legal proceedings, an electronic communication sent to any person under this Act shall, unless the contrary is proven, be regarded as having been received by that person on the second working day after the day on which it was sent.

(4)

In subsection (3), “working day” means a day which is not–

(a)

a Saturday;

(b)

a Sunday;

(c)

Christmas Eve;

(d)

a bank holiday in Scotland under the Banking and Financial Dealings Act 1971 (c. 80);

(e)

a day appointed for public thanksgiving or mourning; or

(f)

a day which is a local or public holiday in the area in which the electronic communication is to be sent.

20Transitory provision for existing zoos.F1

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

21Interpretation.

(1)

In this Act—

  • “animals” means animals of the classes Mammalia, Aves, Reptilia, Amphibia, Pisces and Insecta and any other multi cellular organism that is not a plant or a fungus and “wild animals” means animals not normally domesticated in Great Britain;

  • “circus” means a place where animals are kept or introduced wholly or mainly for the purpose of performing tricks or manoeuvres at that place;

  • “keeper” includes any person employed under the directions of a keeper;

  • “the list” means the list compiled by the Secretary of State under section 8;

  • F1“pet shop” means premises for whose keeping as a pet shop a licence is in force, or is required, under the Pet Animals Act 1951;

  • “pet shop” means premises at which the licensable activity described in paragraph 1 of schedule 1 of the Animal Welfare (Licensing of Activities Involving Animals) (Scotland) Regulations 2021 (selling animals as pets) is carried on;

  • “taxonomic category” means a group or assemblage of species recognised as an entity in scientific classification;

  • “zoo” has the meaning assigned by section 1(2).

  • F2“zoo closure direction” has the meaning assigned by section 13(12).

(2)

Nothing in this Act and nothing done under it shall prejudice or affect the operation of any of the relevant statutory provisions (whenever made) as defined in Part I of the M1Health and Safety at Work etc. Act 1974.

22Consequential amendments.

(1)

The M1Dangerous Wild Animals Act 1976 shall be amended as follows—

C1(a)

in section 5, for paragraph (1) there shall be substituted

“(1)

a zoo within the meaning of the Zoo Licensing Act 1981 for which a licence is in force (or is not for the time being required) under this Act”;

F1(b)

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(2)

For the purpose of the said Act an animal shall be treated as kept in a zoo when it is elsewhere in the personal possession of the operator of the zoo, or of competent persons acting on his behalf.

23Short title, commencement and extent.

(1)

This Act may be cited as the Zoo Licensing Act 1981.

F1C1(2)

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(3)

This Act does not extend to Northern Ireland.