Agenda item - New Model Pet Shop Licensing Conditions

6.1       The Committee considered a report of the Director of Public Health detailing the new model licensing conditions for Pet Vending drawn up by the Chartered Institute of Environmental Health (CIEH), set out in Appendix 1 to the report. Pet Shops in the city were regulated under the Pet Animals Act 1951 and it was recommended that these new model be adopted as set in the recommendations set out in paragraphs 2.1 and 2.2 of the report. The new model licence conditions had been developed nationally and it was expected by the CIEH that these conditions would be adopted by local authorities.

6.2       It was explained that the British Veterinary Association, Cats Protection League, Department for Environment, Food and Rural Affairs (Defra), Dogs Trust, Federation of Companion Animal Societies, Feline Advisory Bureau, Local Government Association, Ornamental Aquatic Trade Association, Pet Industry Federation, Rabbit Welfare Association & Fund, Reptile and Exotic Pet Trade Association, Royal Society for the Prevention of Cruelty to Animals had been consulted by the CIEH in preparing these model conditions. It was considered that failure to adopt the new national model licence conditions would run the risk that animal welfare might be compromised by inconsistent pet shop licensing as councils adopted different licensing guidelines.

6.3       The Council had consulted the 12 pet shops located in the City, a wide range of views had been expressed, set out in Appendix 3 to the report. The Pet Industry Federation, had also written in to the Council with their views.

6.4       The Animal Protection Agency, which was based in Brighton had approached the Council to request that the EMODE leaflet was given to pet purchasers by Pet Shops as a condition of the licensing process, copies of the leaflet were set out at Appendix 2 to the report. The Animal Protection Agency had indicated that they would like the EMODE leaflet to be given to prospective purchasers as a condition of licence. The majority of pet shops in the city had responded to the Council’s consultation indicating that they did not want to use the EMODE system. The Pet Industry Federation had expressed concerns about the origins and validity of the document. Pet shops were currently required to make available pet care information and all of those in Brighton and Hove did so.

6.5       The Legal advice in respect of this matter was set out in paragraph 7 of the report. In a nutshell it was that existing legislation required that pet care leaflets made available at the point of sale. However, to require favouring one particular leaflet was not necessary or enforceable, represented a duplication and was open to challenge.

6.6       It is proposed that the recommendations set out in Paragraphs 2.1 and 2.2 of the report on Page 11 of the circulated agenda papers be amended and replaced by the following:

                                                Proposed by: Councillor Ben Duncan (Deputy Chair)

Seconded by: Councillor Stephanie Powell (Chair)

    RECOMMENDATIONS:

·        2.1 That the Committee notes that progress has been made regarding the possible use of the CIEH published Model Licence Conditions for Pet Vending and that the issue warrants further discussion and consultation;

·        2.2 That the Committee notes that progress has been made regarding the possible mandatory distribution of the EMODE leaflet to prospective pet shop customers and that the issue further warrants discussion and consultation;

·        2.3 That officers are directed to consult further on the EMODE leaflet, to explore whether objections from all trade bodies can be satisfied; that a full review is conducted, and that this item is brought back to the scheduled November 2014 Licensing Committee (Non Licensing Act  2003 Functions) for full discussion' ; and

·        2.4 That the committee note the work done in the use of CIEH model licence conditions for pet vending.

·        The committee request that further research is done into how these proposed changes will improve/not improve the lives of animals in the pet trade, and as such, that the item is brought back post-publication of the review, and work done by officers, for full discussion at the next scheduled meeting of the Committee in November 2014.

6.6       Councillor Duncan spoke in support of his proposed amendment stating that whilst recognising the work carried out by the CIEH he was aware that a number of organisations had not given their full support to the model conditions as framed. He was aware that a number of animal charities and sanctuaries located around the city were extremely concerned at the number of animals that were either abandoned or presented for re-homing, robust measures to prevent/reduce this would be welcomed as were any measures that would ensure appropriate care of more exotic animals. He had reason to believe that the current proposals would be subject to legal challenge and on that basis he contended that it would be more appropriate to delay implementation and to proceed in the manner proposed as the Council would then be able to adapt to any changes made in the interim.

6.7       The Chair, Councillor Powell concurred with the views expressed by the Deputy Chair and commended the proposed amendment. Whilst not in the public domain currently information she had been made aware of gave her every reason to believe that the model conditions proposed would be challenged and altered subsequently and for that reason she supported the amendments.

6.8       In answer to questions of Councillor Simson the Head of Regulatory Services and the Legal Adviser to the Committee stated that they remained of the views set out in the officer report. It was explained that although the RSPCA and some other organisations had not expressed full support for the model conditions that was because they wanted other conditions included which legal advice indicated were not legally enforceable.

6.9       Councillor Simson asked whether those who bred and sold animals privately would be covered by these conditions and it was explained that they were not. Councillor Simson stated that in her view these businesses were more likely to give rise to animals being taken on whose owners were unaware of the responsibilities they were taking on rather than animals purchased from pet shops. Councillor Carden concurred in that view. Councillor Simson also sought clarification that the proposals were more robust than the existing legislation. It was confirmed that they were and that if the recommendations as set out in the officers report were agreed that they would be capable of amendment in the light of any subsequent changes in legislation.

6.10    Councillor Robins sought confirmation of the sliding scale in relation to the degree of difficulty associated with ownership of different types of pets. He considered that the leaflet was quite difficult to understand.

6.11    Councillor Rufus sought details of the date at which existing pet shop licences in the city were due for renewal and it was explained that would be 1 December. On that basis Councillor Rufus did not consider that an undue delay as a result of proceeding on the basis suggested by the amendment  and bringing a further report to the next scheduled meeting of the Committee.

6.12    Councillor Gilbey stated that she was aware that a new pet shop was likely to open in her ward soon and it was explained that current conditions under which all pet shops operated would apply until such time as any changes were agreed.

6.12    A vote was then taken on the proposed amendment which had been proposed by Councillor Duncan the Deputy Chair and seconded by Councillor Powell, the Chair. Fourteen Members of the Committee were in attendance at the meeting when the vote was taken and the amendments were agreed on a vote of 8 to 6. The original recommendations set out in the report therefore fell and the amended recommendations became the substantive ones. A further vote was then taken and the recommendations were agreed on vote of 8 to 6.

6.13    RESOLVED – (1) That the Committee notes that progress has been made regarding the possible use of the CIEH published Model Licence Conditions for Pet Vending and that the issue warrants further discussion and consultation;

            (2) That the Committee notes that progress has been made regarding the possible mandatory distribution of the EMODE leaflet to prospective pet shop customers and that the issue further warrants discussion and consultation;

            (3) That officers are directed to consult further on the EMODE leaflet, to explore whether objections from all trade bodies can be satisfied; that a full review is conducted, and that this item is brought back to the scheduled November 2014 Licensing Committee (Non Licensing Act  2003 Functions) for full discussion' ; and

(4) That the committee note the work done in the use of CIEH model licence conditions for pet vending.

The committee request that further research is done into how these proposed changes will improve/not improve the lives of animals in the pet trade, and as such, that the item is brought back post-publication of the review, and work done by officers, for full discussion at the next scheduled meeting of the Committee in November 2014.

            Note: Councillor Marsh was not present at the meeting during the discussion or voting on this item.