Becoming a licensed dog breeder often strikes fear into the hearts of those considering it. It need not be a terrifying process, and believe it or not most local authorities want to help. Lets deep dive into the world of licensing and get some clarity on the subject.
Under UK law Dog Breeding is a licensable activity. Therefore, if you are already breeding, or if you are considering breeding you need to understand your legal requirements around breeding activities.
The Department for Environment, Food and Rural Affairs (DEFRA) is the UK’s government body. DEFRA writes the guidance, and that guidance is then passed down to local authorities to exercise and police. The licensing requirements run alongside the existing Animal Welfare (Licensing of Activities Involving Animals) 2018 regulations. The latest DEFRA guidance available is on the government website and was published on 1st February 2020.
A dog breeding licence would be issued by your local council, and a licensing officer employed by the council would be the person who grants it, after inspection.
It is important that you ensure you are compliant with the law. If you breed without a licence, you run the risk of 6 months imprisonment or an unlimited fine.
When considering whether or not you require a licence you will need to read the DEFRA Guidance and apply it to your specific circumstances. You will then be able to decide if you are “in or out of scope”.
Being “in scope” indicates that you would need a licence and if you are “out of scope” then you don't need a licence.
Interpreting being “in or out of scope”
Whether you require a licence or not will depends on the following:
or
“The business test” is often discussed and creates much confusion around its meaning and interpretation. However the latest guidance that has been published says that when determining whether a breeder is ‘advertising a business’, a local authority must consider the number, frequency and/or volume of sales; whether high volumes of animals are being sold or advertised; and whether low volumes of animals are being sold where high sales prices or large profit margins are involved.
Operating as a business includes having a website, the regular use of sales sites, and promotion via social media pages and groups. If you are seen to be operating as a business you are therefore “in scope” and you will require a dog breeders’ licence.
The flip side of this is that it can be interpreted that breeders who breed fewer than three litters per year and sell them without making a profit of more than £1000 are deemed to be “out of the scope” of licensing.
It is worth noting that although the guidance applies to the whole of the UK, individual local authorities are known to interpret the guidance differently and there are different rulings around the licensing of dog breeders for England, Scotland, Wales, and Northern Ireland.
The cost varies across the country, with different local authorities stipulating different fees. Most local authorities have an initial fee for the application, and then a final payment once the licence is granted.
The licence inspection requires a qualified vet to be in attendance and you will be expected to pay their fees in addition to the licensing fee itself.
Our advice is to enquire directly to your local authority for a list of charges.
Following your application, you’ll receive a visit from a licensing inspector and the accompanying vet who will assess:
The initial inspection takes a few hours. The inspectors are thorough as they want to ensure that the breeding activities that they are licensing are happening with the health and welfare of the dogs and puppies at the heart.
After inspection a report will be completed by the attending officer. The report will detail the findings and any improvements that you are required to make. It will also detail the duration of the licence and the star rating that has been awarded.
If you are successful you will be awarded a star rating from one to five stars. Breeders with a five-star rating will be granted a three-year licence, pay lower fees, and will be inspected less frequently. Breeders granted a lower star rating will only have a one-year licence, they will pay a higher licence fee, and will be inspected more often.
For specific advice and to apply contact your local authority and ask your licensing department for their advice and help. Remember every local authority interprets the guidance differently, therefore it is important that you understand that it is only your local authority that can give you clarity on any specific licensing questions that you need answered.
This article is a guest post kindly contributed by Rebecca Walters of Pupstarts Breeders.
Pupstarts Breeders offer a dog breeder’s paperwork bundle to help you take the headache out of applying for your licence. They also offer a wealth of dog breeding courses to help you breed, whelp, and raise puppies responsibly, safely and with confidence.
Learn more at www.pupstartsbreeders.com/dog-breeding-courses/