Agenda Item

Recommendations

Council Priorities

Implications

Options

Licensing & Regulatory Committee	10 April 2025
Report from the Director – Environment, Transport and Planning

Primate Licensing

Summary

1. This report advises members of the Animal Welfare (Primate Licences) (England) Regulations 2024 and seeks members approval of the proposed fees.

2. That Members approve Option 1 and note the content of this report and agree to implement the fees shown in paragraph 11.

Reason: To meet the legislative requirements of the Animal Welfare (Primate Licences) (England) Regulations 2024.

Background

3. In 2024, the Department for Environment, Food and Rural Affairs (Defra), through regulations made under the Animal Welfare Act 2006, introduced the Animal Welfare (Primate Licences) (England) Regulations 2024 (Regulations). The licensing authority for the purposes of these Regulations is the local authority in whose area the premises at which a primate is kept or is to be kept are situated.

4. The Regulations introduce a licensing scheme, setting strict rules to ensure that only private keepers, who can provide zoo-level welfare standards, will be able to keep primates.

5. The Regulations come into force on 6 April 2025, at which time existing private primate keepers can apply for a primate licence. From the 6 April 2026, all private primate keepers and people proposing to keep primates will be required to hold a licence.

6. The Regulations set out the application process and the conditions that must be placed on the licence if granted – further conditions may be stipulated in and statutory guidance.

7. An inspection must be carried out prior to an application being determined, and a further inspection is required on at least one occasion during the duration of the licence, if a licence is issued for more than twelve months. These inspections must be conducted by a “suitable person” which is defined by the Regulations as being:

a) a veterinarian; or

b) any other person who, in the view of the local authority, is suitably qualified and competent to carry out the inspection.

8. A licence must be granted for a period of three years, or where the applicant has requested a licence for a period of less than three years, for such shorter period that the applicant has requested.

9. There are provisions in the Regulations for the holder of a primate licence to request to vary or surrendered the licence.

10. There are also provisions in the Regulations for licensing authorities to revoke or vary the primate licence.

11. An application fee may be charged, and a fee can be charged in respect of any inspections. The proposed fees in the table below estimate the cost recovery of undertaking this licensing function. These fees will be reviewed annually when all discretionary licensing fees are reviewed.

1 year	2 year	3 year
£386.00	£485.00	£499.00

12. Official statutory guidance is expected, similar to that provided under the Animal Welfare (Licensing of Activities involving Animals) (England) Regulations 2018. At the time of writing this report the guidance has not been published by Defra.

Consultation

13. A consultation has not taken place with regards to this matter. Defra undertook a formal consultationon the proposals for the introduction of a specialist licence for private primate keepers from 20 June – 18 July 2023.

14. Option 1 – that members note the content of this report and agree to implement the fees shown at paragraph 10.

15. Option 2 – that members note the content of this report and ask officers to reassess the fees.

Analysis

16. The fees proposed are based on fees set by the Council for other animal welfare licensing functions under the Animal Welfare (Licensing of Activities involving Animals) (England) Regulations 2018 and Dangerous Wild Animals Act 1976.

17. The functions support the Council’s Plan ‘One City, for all’.

Chief Officer Responsible for the report:

Lesley Cooke

Licensing Manager

Phone: 551515

James Gilchrist

Director (Environment, Transport and Planning)

Report Approved

Specialist Officer Implications: None

Wards Affected:

18. The implications arising from this report are:

· Financial: There are no financial implications associated with this report.

· Human Resources: There are no Human Resources implications associated with this report.

· Equalities: There are no Equalities implications associated with this report.

· Legal: The Animal Welfare (Primate Licences) (England) Regulations 2024 have been made under section 13 of the Animal Welfare Act 2006 and place powers and responsibilities on the Council in respect of licensing of those that keep primates in their area.

· Crime and Disorder: There are no crime and disorder implications. It is an offence the for a private keeper to keep primates without a licence, it is also an offence if the holder of a primate licence fails to comply with a licence condition.

· Information Technology (IT): There are no IT implications associated with this report.

· Other: There are no other implications associated with this report.

Risk Management

19. There are no known risk associated with this report.

Contact Details

Background Papers:

The Animal Welfare (Primate Licences) (England) Regulations 2024