Licensing COMMITTEE		13 June 2024
Improving Animal Welfare in Maidstone’s Licensed Activities
Timetable Meeting Date Licensing Committee 13 June 2024
Will this be a Key Decision?	Not Applicable
Urgency	Not Applicable
Final Decision-Maker	LICENSING COMMITTEE
Lead Director	Angela Woodhouse, Director of Strategy, Insight and Governance.
Lead Officer and Report Author	Martyn Jeynes, Communities and Strategic Partnerships Manager
Classification	Public
Wards affected	All
Executive Summary
This report highlights the progress in animal welfare in Maidstone’s licensed activities since the introduction of new legislation in 2018. Despite challenges, the Community Protection Team (CPT) has driven higher-standards through both rigorous processes and efficiency enhancements. The dual-purpose regulation seeks to enhance animal welfare and supports responsible businesses. Enforcement, which is a key element of any regulatory regime is in line with our Enforcement Policy but faces a range of challenges.  Collaboration between enforcement agencies, license holders, and the community is vital to overcome these challenges.
Purpose of Report   Noting
This report makes the following recommendation to the Committee
1.   That the update on  Animal Welfare Licensing responsibilities is noted.

Improving Animal Welfare in Maidstone’s Licensed Activities

1.       CROSS-CUTTING ISSUES AND IMPLICATIONS

Issue	Implications	Sign-off
Impact on Corporate Priorities	The four Strategic Plan objectives are:   ·         Embracing Growth and Enabling Infrastructure ·         Safe, Clean and Green ·         Homes and Communities ·         A Thriving Place Animals provide a great deal of enjoyment and enrich the lives of those who own or use them for leisure purposes.  An effective animal welfare licensing service helps us to ensure we meet our safe, clean and green objective.  It also contributes to a thriving business sector, that must be regulated to ensure those businesses operate at the required standards and protect the welfare of the animals in their care.	Director of Strategy, Insight and Governance
Cross Cutting Objectives	The report recommendation(s) will not impair the achievement of the cross-cutting objectives.	Director of Strategy, Insight and Governance
Risk Management	Already covered in the risk section under section 5 of the report	Director of Strategy, Insight and Governance
Financial	The proposals set out in the recommendation are all within already approved budgetary headings and so need no new funding for implementation.	Head of Finance
Staffing	We will deliver the recommendations with our current staffing. There is a current vacancy within the service, specifically to assist with this area of work and a recruitment campaign is planned to ensure service expectations can be met.	Director of Strategy, Insight and Governance
Legal	Legal implications for regulation of animal activities are set out in the relevant legislation and the associated guidance.  It may be necessary to undertake enforcement work and legal services may be engaged to support this where court action is necessary, however, this report is purely for noting.	Deputy Head of Legal
Information Governance	The recommendations do not impact personal information the Council processes.	Information Governance Team
Equalities	The recommendations do not propose a change in service therefore will not require an equalities impact assessment	Equalities & Communities Officer
Public Health	We recognise that the recommendations will not negatively impact on population health or that of individuals.	Community & Strategic Partnerships Manager
Crime and Disorder	As a growing sector, particularly the desire to have “designer dog breeds” it is important to ensure that consumers are protected against those who do not have the welfare of their animals and their customers in mind when conducting their business.  Illegal animal related businesses put consumers and animals at risk, and we will work with partners and customers to drive down illegal businesses in this sector.	Director of Strategy, Insight and Governance
Procurement	None	Director of Strategy, Insight and Governance
Biodiversity and Climate Change	The implications of this report on biodiversity and climate change have been considered and are there are no implications on biodiversity and climate change.	Biodiversity and Climate Change Manager

 

2.       INTRODUCTION AND BACKGROUND

2. 

         The current position of animal welfare in Maidstone’s licensed    activities.

 

2.1           The introduction of the Animal Welfare (Licensing of Activities Involving Animals) (England) Regulations 2018 (LAIA 2018) marked a significant shift in animal welfare standards. Despite initial challenges, the rigorous processes implemented by the Community Protection Team (CPT) have ensured that no licenses issued have been formally challenged, providing reassurance to high-standard businesses.

 

2.2           Significant strides have been made to enhance the efficiency of inspections and the overall service, including improved web content, a chargeable “pre-application” advice service, an enhanced Customer Relationship Management (CRM) system, and a new social media channel dedicated to all things animal related.

 

2.3           Whilst the LAIA 2018 is the primary piece of legislation, there are other areas of animal welfare and licensing that fall under different pieces of legislation, such as dangerous wild animals, which has a bespoke licensing regime owing to the variety of species and the specific threats they provide. 

 

2.4           The graph provided in Appendix 1 shows a breakdown of the current licences by type.  Appendix 2 provides a comparison of the Licensed Activities currently licensed and how that compares to the licensing undertaken under the previous regime.   The graph shows not only a 43% increase overall, but also a significant change in the types of licences being issued with riding schools and pet shops decreasing, whilst dog breeding and home boarding have both increased significantly.  This impacts on the nature of the work, largely due to the enhanced privacy laws in relation to domestic dwellings, which need to be considered when inspecting.   

 

2.5           Appendix 3 Provides a breakdown of the licenses by Star Rating.  This shows that 65% of the licences issued in the borough met the higher standards and are therefore afforded longer licences as a result.  Many of those meeting the minimum standards do so because they are newly established and therefore higher risk businesses, and it is not possible for them to achieve higher standards on their first application as they do not have a history of compliance to mitigate that risk. 

 

2.6           The report on how the fees for this sector have been set is provided as a background document for reference. 

 

Importance of regulating this sector.

 

2.7           The regulation of this sector is dual purpose: enhancing animal welfare and supporting/protecting responsible businesses:

          Animal Welfare Enhancement:

·         Protection: The legislation promotes the welfare of animals involved in specific activities, including:

o   Selling animals as pets

o   Providing boarding for cats or dogs, including home boarding and doggy day care

o   Hiring out horses for riding lessons

o   Dog breeding

o   Keeping or training animals for exhibition and the running of zoos

o   Safe keeping of dangerous animals (private ownership)

 

·         Five Welfare Needs: By setting out standards and conditions, the regulations ensure that animals have:

o   a suitable living environment

o   an Adequate diet

o   the ability to exhibit normal behaviour for their species

o   proper housing conditions

o   protection from suffering and disease

 

·         Inspections and Compliance: Regular inspections ensure compliance, detect issues early, and prevent neglect or mistreatment.

          Benefits to Businesses:

·         Protection of staff and customers:  The regulations put in place some health and safety requirements to ensure that people interacting with animals and activities that could cause them harm.

·         Improved reputation: Complying with welfare standards enhances a business’s reputation, attracting customers who prioritise animal welfare and meet higher standards.

·         Legal clarity and risk mitigation: Clear guidelines help businesses understand their responsibilities, reducing ambiguity and reducing the risk of harming animals, legal action, fines, and potential closures.

·         Public trust and competitive edge: Responsible practices build trust with customers, leading to repeat business.  Being licensed and also seeking to achieve higher standards demonstrates a commitment to animal care, differentiating themselves in the market.

·         Collaboration: Businesses work with inspectors to improve practices and address any issues.

 

          Role of Compliance Inspections

 

2.8           Compliance inspections play a vital role in ensuring animal welfare by monitoring and enforcing adherence to regulations:

Purpose of Compliance Inspections:

·         Announced Visits: As part of the application and throughout the licence period the Inspector will visit with the licensee to ensure the measures outlined in both their application or licence conditions are being met, offering support and advice as appropriate.  For new or higher risk inspections this can be undertaken with an appointed veterinarian.  This allows for the welfare of the animals to be inspected and action to be taken should any form of suffering be present or likely because of poor animal husbandry processes.  

·         Unannounced Visits: Inspectors also conduct unannounced visits to facilities where animals are kept, such as farms, pet shops, or breeding establishments. This allows officers to assess how the business works normally, without time to prepare for the visit.

·         Review and Assessment: During inspections, the inspector meticulously reviews various aspects to ensure compliance with animal welfare laws and standards, offering advice or taking action as is deemed appropriate and necessary.

Areas Covered in Compliance Inspections:

·         Premises and Facilities: Inspectors assess the condition of animal housing, cleanliness, and suitability of the environment.

·         Husbandry Practices: They evaluate how animals are cared for, including feeding, watering, and handling.

·         Veterinary Care: Inspectors examine the program of veterinary care in place for the animals.

·         Record Keeping: They verify that accurate records are maintained regarding animal health, treatments, and other relevant information.

 

Enforcement of Animal Welfare Standards

 

2.9           Enforcing in animal welfare licencing, like all licensing regimes, is an important element of the process.  It not only ensures animal welfare standards, but provides consumer reassurance and supports legitimate businesses, when illegal operations are detected.  As with other regimes, enforcement is not limited to punitive measures.  Effective enforcement, in line with our Enforcement Policy (background document), uses a gradated approach, from informal to formal.  Here’s how it typically works in a licenced establishment:

 

1.     Advice and Guidance: Initially, if minor non-compliance is detected, officers provide advice and guidance to help the individual or business understand their responsibilities and how to comply with regulations. This is often the first step, aiming to educate and prevent future non-compliance.

2.     Warnings: If non-compliance continues or if a more serious violation is detected, officers may issue a warning. This serves as a formal notice of non-compliance and a strong suggestion to rectify the situation promptly.

3.     Improvement Notices: For persistent or more serious non-compliance, officers may issue an improvement notice. This is a legal document that outlines specific actions that must be taken within a certain timeframe to achieve compliance.

4.     Fines and Penalties: If non-compliance continues despite previous steps, officers may impose fines or other penalties. The severity of the fine often reflects the seriousness and persistence of the non-compliance.

5.     License Suspension or Revocation: In extreme cases, where non-compliance poses significant risks or harm, or where all other enforcement actions have failed, officers may suspend or revoke licenses, effectively prohibiting the individual or business from continuing the regulated activity.

 

2.10       Officers also undertake enforcement against illegal activity, as outlined in the next section. 

 

Challenges of Enforcement Action

2.11        Enforcing the Animal Welfare (Licensing of Activities Involving Animals) (England) Regulations 2018 is not without its challenges. These difficulties can range from resource constraints to resistance from license holders.

·      Resource Constraints: The Animal Welfare responsibility sits within the Community Protection Team, who themselves have a broad Community Safety and nuisance remit.  This also includes other areas of animal work, including Dog Fouling, dog control, straying and lost dogs and barking, the latter of which being amongst the highest sources of noise complaint in the borough.  This limits the frequency of inspections, particularly to suspected illegal activities. Enforcement is largely intelligence driven and the resources required are often disproportionately higher than the potential outcomes, as even gaining access to a private dwelling suspected of breeding is challenging. As with all criminal law the evidential standard is beyond all reasonable doubt, which places a burden on officers to act as detectives and piece together pieces of information and evidence in the hope that the case is strong enough to meet the evidential thresholds required.

Additionally, the complexity of animal welfare issues requires specialised knowledge and skills, which may not always be readily available within the wider team or the public in general. 

·      Resistance from License Holders: Some license holders may resist enforcement efforts, viewing them as intrusive or burdensome. This resistance can take many forms, from reluctance to grant access for inspections, to disputes over the interpretation of regulations, to outright non-compliance. Such resistance can slow down enforcement processes and make it more difficult to ensure animal welfare standards are met.

·      Enforcement in Private Residences: Enforcing regulations in private residences presents unique challenges. Privacy laws protect homeowners from unwarranted intrusion, which can make it difficult for inspectors to gain access without the homeowner’s consent or sufficient cause to obtain a warrant. Even when access is granted, inspectors must navigate these settings with sensitivity and respect for the resident’s privacy. This can make it more challenging to conduct thorough inspections and enforce compliance.

2.12        While these challenges can complicate enforcement efforts, they also highlight the importance of ongoing collaboration between enforcement agencies, license holders, and the wider community. Information about illegal activity is often linked to other areas of concern, such as an increase in noise or other criminal enterprises.  Collaborative working allows officers to utilise the wider tools and powers of colleagues and other services to disrupt and create risk for those seeking to trade illegally. 

Case studies demonstrating the use of these powers.

2.13       Appendix 4 provides some case studies that demonstrate the role of the service and some of the enforcement undertaken against illegal activities and to improve animal welfare in licensed businesses.

 

3.   AVAILABLE OPTIONS

 

2         

3         

3.1        The committee could decide to approve the recommendations made in this report. This will allow for the Community Protection Team to continue to deliver the current Animal Welfare Licensing work to a standard that is improving standards and supporting businesses.

 

3.2        Do more- The committee could ask officers to investigate whether more can be done in this area, particularly enforcement of illegal activities.  This could lead to more disruption of illegal activities; however it would require more staffing, which would either see a reduction in services delivering Community Safety or nuisance or would require an increase in staffing budget. There are no guarantees that more resources will lead to more enforcement outcomes, but it would likely disrupt a number of them. 

 

3.3        Do less- The committee could ask officers to look into whether less can be done in this area.  This is likely to mean that little or know enforcement activity against illegal activities and a minimalistic service provided to our customers.  This would not offer good value for money, given the license fee paid by businesses and would likely lead to businesses being upset that illegal activity is going unchallenged in the district. 

 

 

4.        PREFERRED OPTION AND REASONS FOR RECOMMENDATIONS

 

4.1     The option set out in paragraphs 3.1 is the preferred option, as it will enable the Community Protection Team to continue to offer a value for money service to existing customers and will support the investigation of illegal activities when they are able.  Increased partnership working in this area, with a Kent Wide Animal Welfare Network and links into Neighbourhood Policing and Serious Organised Crime, there are growing opportunities for collaborative successes and disruption of the higher risk activities in this sector. 

 

5.       RISK

5.1     The recommendation, if adopted, will reduce the risk of the Council not being compliant with its statutory duties and will assist in reducing crime and disorder within the Borough.

 

 

 

 

6.        REPORT APPENDICES

 

The following documents are to be published with this report and form part of the report:

·         Appendix 1: Breakdown of the current licences by type

·         Appendix 2: Licensed Activities comparison

·         Appendix 3: Star ratings of licensed businesses

·         Appendix 4: Case studies demonstrating the use of these powers

 

7.        BACKGROUND PAPERS

 

Animal licensing- service update and proposed fee changes report (January 2023) - ANIMAL LICENSING- SERVICE UPDATE AND PROPOSED FEE CHANGES.pdf

 

Current Environmental Health, Waste Crime & Community Protection

Enforcement policy - Maidstone Borough Council 2019 Enforcement Policy