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ANALYSIS OF RESPONSES TO THE CONSULTATION DOCUMENT 'PROPOSALS TO REVISE EXISTING ANIMAL WELFARE LEGISLATION'
(8) Pet Shops
Paragraph 24 of the consultation document stated: There are concerns that children as young as 12 are legally able to purchase animals from pet shops, possibly on a whim and without parental consent. However, more responsible pet shops already refuse to serve unaccompanied children under the age of 16. To help educate prospective purchasers in the care and welfare needs of animals we are considering introducing a provision which will require the vendors of pet animals to issue information leaflets.
25. The requirements of the Dangerous Wild Animals Act 1976 do not apply to animals for sale or display in pet shops and this has been an area of concern to some organisations. Whilst most pet shops do ensure that any animal which falls within the scope of the Dangerous Wild Animals Act 1976 is properly housed and contained there is no statutory requirement to do so.
26. (8.1) Do you agree that the minimum age at which people can buy animals or be the legal owner of animals be raised? (8.2) If so to what age?
(8.3) Should pet shops be required to issue written information on the care and welfare of all animals they sell?
(8.4) What changes need to be made to the Pet Animals Act 1951 to ensure that dangerous wild animals on display or for sale do not present a danger to the public?
(8.5) Is there a need for specialists to inspect pet shops where exotic animals are for sale or on display?
(8.6) What further changes are needed to the Pet Animals Act 1951 and how can the licensing conditions be improved?
(8.7) Is there a need to introduce a statutory code of practice for pet shops which could include guidance on the competence of staff on animal handling and those offering advice to members of the public?
Overview
100 responses were received on this subject. Responders included 18 local authorities and their representative organisation, LACORS; 2 police forces and their representative organisation ACPOS; 8 welfare organisations; 5 veterinary organisations; 10 canine organisations (and one business); 3 pet organisations; 20 individuals also responded.
General comments on the proposals
A number of responders noted the level of their support for the proposals under this subject. In a few instances, they simply stated that pet shops required to be further regulated:
Proposals to strengthen the current legislation relating to pet shops and improving current practices are welcomed. (West Lothian Council)
There is a need for more controls on pet shops. (WAG)
This is an area that definitely needs more control. (The Federation of Zoological Gardens of Great Britain and Ireland)
Support all the recommendations regarding pet shops. (individual)
Agree with the proposed changes. (Midlothian Council)
OATA believes that bad pet shops are bad news. Either they should improve or be forced to cease trading. The minimum adequate standard of husbandry in a pet shop is good. (Ornamental Aquatic Trade Association)
Questions 8.1 and 8.2 The minimum age at which people can purchase animals or be the legal owner
Questions (8.1) and (8.2) will be dealt together as these issues are inter-related. Some responders simply noted that the minimum age should be raised and did not note an age at which an individual should be able to legally purchase an animal. A number specifically stated that the age should be raised:
The age should be raised. (East Ayrshire Council, East Lothian Council, Falkirk Council, Fife Council, Glasgow City Council, Highland Council, North Ayrshire Council, North Lanarkshire Council, Stirling Council, Central Scotland Police, BVA Scottish Branch, PDSA, Faculty of Advocates, The Kennel Club, Dog Aid Society of Scotland, Pets as Therapy, Grampian Animal Defence League, Catflap, Cats Protection, IFAW, CARROT, Scotlean Pigs, 8 individuals)
A minimum age should be set. (Dumfries and Galloway Constabulary, The Federation of Zoological Gardens of Great Britain and Ireland, Animal Concern)
Most responsible pet shop managers would refuse to sell to an obviously young person. (individual)
Some responders noted a minimum age or a specific age at which an individual could purchase an animal:
14 years of age. (Scotlean Pigs)
16 years of age. (City of Edinburgh Council, East Ayrshire Council, Falkirk Council, Fife Council, Glasgow City Council, Highland Council, Midlothian Council, North Lanarkshire Council, Perth and Kinross Council, South Ayrshire Council, West Lothian Council, LACORS, Central Scotland Police, ACPOS, BVA Scottish Branch, Vetwork UK, PDSA, Scottish SPCA, IFAW, WAG, The Vegetarian Society, Mossburn Animal Sanctuary, The Kennel Club, Scottish Kennel Club, Dogs Trust, The Brittany Club of Great Britain, Dog Aid Society of Scotland, Cat Action Trust 1977, Catflap, Faculty of Advocates, ACTA, Pet Care Trust, Scottish Centre for Animal Welfare Sciences, Scottish Egg Producer Retailers Association, Munlochy Animal Aid, 5 individuals)
17 years of age. (Advocates for Animals, Animal Concern, West Lothian Animal Rights and Veggies, 4 individuals)
18 years of age, though 16 may be more acceptable. (Pets as Therapy)
18 years. (Stirling Council, RCVS, South of Scotland Wildlife Hospital, Grampian Animal Defence League, Lothian Cat Rescue, Cats Protection, CARROT, 4 individuals)
18 years for exotic or dangerous animals. (Scottish Centre for Animal Welfare Sciences)
21 years. (Inverclyde Dog Training Club)
Other factors
A number of responders noted other factors that should be considered when setting out a minimum age. Some of them noted the need to state both an age and the need for parental involvement in purchasing an animal:
Animals should only be sold to adults or children accompanied with parents. (Minches Hovawarts)
Pet shops should never sell to unaccompanied children. (Mossburn Animal Sanctuary)
Only adults should be allowed to purchase animals of any species. (PAWSI)
The age should be raised for the sale without parental approval. (Angus Council)
Concerned as the Kennel Club licence events for juniors who compete with their peers and are good handlers and owners. It should be necessary for an adult family member to be with a junior if an animal is to be purchased by the junior. (Perthshire Canine Club)
Should not be sold to any person under the age of 16 years who is unknown to the licensee, unless that person is accompanied by a parent or legal guardian or provides appropriate legal consent. (Pet Care Trust)
No child under the age of 16 should be permitted to purchase a pet of any description unless accompanied by a parent or guardian. (Canine Concern Scotland Trust)
Pet shops should only serve to children over the age of 16, or those accompanied by a parent or guardian. (Dumfries and Galloway Council, The Royal Institute of Chartered Surveyors in Scotland)
Parental guidance/permission should be sought for the sale of animals to any minor under the age of 16 years. (Aberdeenshire Council)
Written and validated parental consent should be required for young people between the ages of 12 and 16 for the purchase of companion pet dogs. (Kirkwall Dog Training Club)
The current recommendations in the LGA Guidelines are appropriate. (Ornamental Aquatic Trade Association)
The minimum age for purchasing an animal: reasons for a specific age
Responders noted the reasons why they considered that: (1) 16 years of age and, (2) 18 years of age (3) or another specified age should become the minimum age at which an individual should be able to purchase an animal from a pet shop:
(1) 16 years of age
A number of responders stated the reasons why they believed the minimum age should be raised to 16 years. Some pointed out that this age was consistent with other legislation or was already a condition stipulated in some local authority licences:
This age would overcome the 'whim' culture. (BVA Scottish Branch)
It is suggested that this should be 16 years in accordance with section 1(1)(b) of the Age of Legal Capacity (Scotland) Act 1991. The 'keeper' of an animal in the Animals (Scotland) act 1987 [section 5(1)(b)] is defined to include a person who 'has actual care and control of a child under the age of 16 who owns the animal or has possession of it'. A similar provision might be appropriate in the proposed legislation. (Faculty of Advocates)
At 16 years old, a human can marry and be responsible for other dependent beings (children). Perhaps it should be the same for dependent non-human beings, with a parent or guardian being the legal owner until this age is reached. (individual)
Such a restriction is entirely consistent with other existing or proposed legislation designed to safeguard the community on health, safety or anti-social behaviour grounds. There is no reason why such a safeguard cannot be extended to the welfare of animals. The Young Scot initiative, sponsored by the Scottish Executive, is shortly to introduce a national proof of age card that should assist animal retailers to police the ban. (City of Edinburgh Council)
Have long supported the raising to 16 of the age for unaccompanied children to buy pets. This is already a condition of licence in some local authority areas. (Scottish SPCA)
Several of the responsible pet shop owners already only supply over 16s with pet animals. (South Ayrshire Council)
The PCT's Pet Care Charter already forbids members to sell pets directly to any person under the age of 16 years who is unknown to the licensee, unless that person is accompanied by a parent or legal guardian or provides appropriate legal consent. (Pet Care Trust)
(2) 18 years of age
Responders who suggested that the minimum age should be 18 years also gave a number of reasons for their decision. In one instance, this age was noted for the purpose of specific types of animals:
The age of 18 is the cut off for a number of animal welfare purposes, for instance for various minor operations which the Veterinary Surgeons Act 1966 allows lay people to carry out. Similarly it would make sense if the purchaser of a pet had to be an adult, even if the intention was that the animal should be looked after by a child. Currently different age limits are in practice enforced in different local authority areas. (RCVS)
18 years for the purchase of exotic or dangerous animals. (Scottish Centre for Animal Welfare Sciences)
(3) Another age
One organisation suggested that children should be permitted to have a number of responsibilities, including that of pet purchase and ownership:
Nurturing a sense of responsibility in a progressive manner, which the current wording of the law allows, is sensible. At the age of 10 children potentially become more criminally responsible for their actions while at the age of 16 they may marry, leave school or join the army. It appears logical that in the formative period between the ages of 12 and 16, in which children become young adults, they are introduced to the responsibilities associated with pet purchase and ownership. (Ornamental Aquatic Trade Association)
The ages of purchase and ownership of an animal
A number of responders made it clear that the purchase of an animal and the ownership of an animal were distinct and separate activities. Some of them commented on the ages at which each or both of these activities should be undertaken. Some suggested that each activity should have a different age, though for others this was the same. The age at which these activities could be undertaken was seen as a particular concern for the canine sector:
The ages of purchase and ownership are two issues. (Edelhof Kennels)
Concerned that where an animal is owned by a child, the person ultimately responsible in law for the way in which it is treated should be clearly defined. While it is an offence to sell an animal as a pet to a person whom the vendor has reasonable cause to believe to be under the age of 12 years, legislation does not specify a minimum age which must be attained before a person assumes the legal obligations of ownership. In relation to a dangerous dog, it is expressly provided that where it belongs to a person of less than 16 years, the person who has 'actual care and control' of the child shall be regarded as the dog's keeper or owner, and, for the avoidance of doubt, there is merit in extending this principle to the generality of animals kept by children. (CAWC)
Keeping an animal is a responsibility, hence the 'child' should not be eligible to be the
primary keeper of an animal until she/he is able to provide the financial support, housing, and behavioural care required of an owner/keeper. A person is unlikely to be capable of satisfying the obligations of an owner/keeper before the age of 16. The minimum age for being the
primary keeper should be no lower than 16 years. Children under 16 years should be encouraged to participate in the welfare of animals as a
secondary keeper, handler and companion. (Avon (Lanarkshire) Dog Agility Club)
Minimum age for purchasing animals from pet shops should be 16. The age limit for being the legal owner of an animal a bit more doubtful. The Scottish Kennel Club and the Kennel Club encourages juniors from the age of six years upwards to participate in activities with dogs. In many cases the child is the Kennel Club registered owner of the dog and we would be loathe to see this practice discontinued. There is scope to make the parents of such a child, possibly under the age of 16 years, legally responsible as they are at present under certain statutes. (Scottish Kennel Club)
There needs to be consideration of the age of ownership as the Kennel Club events for juniors compete with their peers and are good handlers and owners. (Scottish Utility Breeds Club)
The age of purchase without parental consent seems about right. The age of KC [Kennel Club] registered ownership for young KC and other junior handlers should be lowered - these children and young people are serious competitors and handling their own dog is important to them. (Edelhof Kennels)
We feel that there is a great deal of benefit in allowing young people to be the legal owner of animals such as working gundogs, ferrets, etc. and we would be concerned about the imposition of a minimum age at which people can be regarded as the legal owner of their animals, and with it accept the moral responsibility to care for their welfare. (BASC Scotland)
The age of 16 years should not prevent children taking on the responsibilities and benefits of pet owning, provided an adult accompanies the child to the pet shop for the initial purchase. (Scottish SPCA)
Firmly of the view that the minimum age at which a child should be responsible for a dog is 16. (Dogs Trust)
To be the legal owner of animals, a person should be 16 years. (East Lothian Council, Cat Action Trust 1977)
Minimum age at which children are allowed to buy or own animals should be 16. The care of animals in households with younger children would then become the legal responsibility of the parents. (individual)
An adult must be in charge of the buying. As for owning, a child can own a pet, but the ultimate responsibility must rest with the parent (guardian of the child). (Minches Hovawarts)
There should be a legal responsibility on the parent or guardian to ensure that a pet owned by a child under the age of 16 be cared for properly in accordance with animal welfare regulations. (Canine Concern Scotland Trust)
A parent or guardian should be the legal owner until the age of 16 years is reached. (individual)
The minimum age to buy or own animals should be raised to 18. (Cats Protection)
The minimum age at which people can buy animals or be the legal 'owner' of animals should be raised to 18. (Grampian Animal Defence League)
Minimum age at which people can buy animals to be the legal owners should be raised to 18 years old. (CARROT)
Other comments on the age for purchase of an animal
Two responders suggested other issues relating to the age at which an animal can be purchased:
In the horse world, ponies are so expensive that it would be unheard of for a child under the age of 16 to purchase their own horse or pony. (British Horse Society)
Sales of pets to young persons should be based on their ability to keep animals rather than a minimum age. A minimum age limit would be very difficult to enforce. (Fife Council)
Question 8.3 The issue of written information
Responders noted two viewpoints on whether pet shops should supply written information on the care and welfare of all animals they sold. They either: (1) agreed that written information should be issued, or (2) disagreed with the proposal to issue information leaflets. Each viewpoint will be discussed in turn:
(1) Agree that written information should be issued
46 organisations. (Aberdeenshire Council, Angus Council, City of Edinburgh Council, East Ayrshire Council, East Lothian Council, Falkirk Council, Fife Council, Glasgow City Council, Highland Council, North Ayrshire Council, North Lanarkshire Council, Perth and Kinross Council, Stirling Council, South Ayrshire Council, West Lothian Council, LACORS, Central Scotland Police, Dumfries and Galloway Constabulary, The Royal Institute of Chartered Surveyors in Scotland, BVA Scottish Branch, PDSA, Advocates for Animals, Grampian Animal Defence League, IFAW, West Lothian Animal Rights and Veggies, The Vegetarian Society, Animal Concern, WAG, Catflap, Cats Protection, Cat Action Trust 1977, Lothian Cat Rescue, The Federation of Zoological Gardens of Great Britain and Ireland, The Kennel Club, Dogs Trust, Canine Concern Scotland Trust, Inverclyde Dog Training Club, The Brittany Club of Great Britain, CARROT, Mossburn Animal Sanctuary, Munlochy Animal Aid, Pets as Therapy, Ornamental Aquatic Trade Association, BASC Scotland, Scottish Centre for Animal Welfare Sciences, Scottish Egg Producer Retailers Association)
2 businesses. (Minches Hovawarts, Edelhof Kennels)
11 individuals.
Comments on the proposal to issue written information
A number of the responders who agreed that information leaflets should be issued recorded the extent of their support of the proposals. In some instances, they asserted why it was important to issue information. They also suggested its nature and character, including details of the information that should be listed on the leaflets, and how and when it should be supplied to the customers:
Welcome. (The Kennel Club)
Must be issued. (Perth and Kinross Council)
An excellent idea. (CARROT)
A very desirable proposal. (Dogs Trust)
Is essential. (The Royal Institute of Chartered Surveyors in Scotland)
Extremely beneficial. (Angus Council)
Should be mandatory. (PDSA)
Welcome a compulsory obligation. (LACORS)
Pet shops should be legally required to issue written information on the care and welfare of animals they sell. (Pets as Therapy)
Pet shops and any licensed dealers should be compelled to provide basic information on animal welfare for those animals which they sell. (North Ayrshire Council)
It should be compulsory for pet shops to provide detailed, accurate information with every sale, unless the purchaser can provide evidence that they are experienced with the species concerned. (Scottish Centre for Animal Welfare Sciences)
Is fundamental as all too frequently members of the public are shown to lack essential husbandry or animal welfare knowledge. This is more evident in the desire to engage in more exotic pets. (City of Edinburgh Council)
Breeding establishments, animal charities selling dogs and dealers arranging the sale of a dog must provide information on the care and maintenance of the animal. (Canine Concern Scotland Trust)
An accompanied child should be given information relating to the pet that they wish to purchase to enable them to choose and fully understand the responsibility they are taking on. (individual)
Most breeders who sell dogs issue details of current diets, care protocols and the welfare of animals. This does not happen in pet shops. (WAG)
The present inspection procedure requires a greater emphasis on the ability of the staff to give information, which is both accurate and informative. (individual)
The availability and distribution of information sheets has to be a perquisite of annual licensing. (City of Edinburgh Council)
Information should be approved as part of the pet shop licence in order that it is of a set quality and standard. This is already included in some local authority licence conditions and is considered to be best practice. (Central Scotland Police, LACORS)
Should be made part of the conditions for a pet shop licence that information leaflets are issued free of charge when a pet is purchased. (South Ayrshire Council)
This is already standard practice in Glasgow City Council and should be applied nationally to cover basic hygiene rules, zoonoses, parasites etc. (Glasgow City Council)
Should be issued free of charge when an animal or bird is purchased. (Central Scotland Police, Aberdeenshire Council, LACORS)
Should be provided at the time of sale. (Falkirk Council)
Guidance should be provided at the point of sale advising the customer of the best conditions for the animal which they are purchasing. (West Lothian Council)
They should be issued with each purchase. (individual)
No creature should leave the shop without an accompanying information leaflet on its welfare and care including the exercise levels it requires. (Mossburn Animal Sanctuary)
This must be actively provided with the animal rather than available on a help yourself basis. (Stirling Council)
Should be accompanied by verbal advice. (individual)
Information could be passed on to purchasers in both verbal and written (as in regulated information leaflets) form, preferably before a decision to purchase. Some purchasers choose not (or are unable) to follow this advice, but at least the sales assistant would be fulfilling their own (and the shop's) responsibilities towards animal care and welfare. The Rabbit Welfare Association supply a wide range of leaflets which are readily available. (CARROT)
The provision of written information when selling a dog may not be as important as it is for an exotic species. (Dogs Trust)
We can see some merit in establishing a series of codes of practice to cover separate areas such as dogs, cats and reptiles, which would be backed up by sanctions contained in the legislation. (The Kennel Club)
There are problems with compulsory information, such as cost and accuracy. There could be information on the most commonly sold pets, provided by the Scottish Executive similar to the welfare codes for farm animals and downloadable from websites for free. (Scottish Centre for Animal Welfare Sciences)
It must be produced by the Scottish Executive or licensing authority. (Cat Action Trust 1977)
The standard of information needs to be ensured. Such leaflets should be 'approved' by the Executive or State Veterinary Service. (Angus Council)
Leaflets should be clear and approved. They should always have lucid statements for feeding, general care, exercise and space requirements. (individual)
Information should be available nationally to ensure that the information being given to purchasers is consistent. (East Lothian Council)
The information should be 'vet checked' and uniform. For example, the Pet Health Council was formed in 1979 with the specific aim of promoting the health and welfare of pet animals in the interests of both pets and people. A panel of medical and veterinary advisors produce a series of leaflets and a similar approach would mean that any information given out was in accord with current veterinary thinking. PDSA also produces a wide range of leaflets explaining how to care for companion pets appropriately. (PDSA)
The advice given to prospective owners should be consistent and accurate. Often problems result from incorrect husbandry and care. Appropriate training to sales staff should be given some additional thought. Potentially an NVQ qualification could be designed specifically for pet shop staff. (PDSA)
If an assessment of these care details is undertaken it must be borne in mind that there is often more than one, and sometimes several, acceptable and successful keeping methods available. The information should be taxa relevant rather species specific when appropriate. The welfare requirements of many hundreds of species of fish in trade are similar. (Ornamental Aquatic Trade Association)
Potential buyers should be aware of the cost of feeding, housing and caring for the animal. (Grampian Animal Defence League, individual)
Should be required to issue written guidance on the use of animal housing. (individual)
Dietary changes at the time of sale can have a significant effect on puppies and dietary information at least is essential and further information on care would be helpful to the inexperienced potential owner. (Dogs Trust)
The seller should be required to provide detailed information on dietary requirements, feeding routines, housing and any necessary veterinary treatment which the animal may require. (Munlochy Animal Aid)
Should provide information about zoonosis. (Advocates for Animals, West Lothian Animal Rights and Veggies, 2 individuals)
Should also provide written details of helpline and rescue numbers in case of future needs. (The Vegetarian Society)
All pets should come with a logbook containing information on how to care for the pet and the duties of the owner to the wellbeing of the animal and their responsibility to the community at large for the behaviour of their pet. (Animal Concern)
(2) Disagree with the proposal to issue information leaflets
Three organisations (Vetwork UK, BASC Scotland, PAWSI) and one business (Scotlean Pigs) disagreed with the proposal.
Reasons for disagreement
These organisations noted their reasons for disagreeing with the proposal. They generally did not believe that the leaflets would be of much service:
Information leaflets are tokenistic and generally useless. Have no confidence in information leaflets. (Vetwork UK)
Are only useful if given to adults. Every animal industry should have its own standards. (PAWSI)
Supply of information leaflets will not achieve good pet welfare. (Scotlean Pigs)
It would be difficult and possibly undesirable to require all 'vendors of pet animals' to have to issue such leaflets. (BASC Scotland)
Question 8.4
The changes that are required to be made to the Pet Animals Act 1951 to ensure that dangerous wild animals on display or for sale in pet shops do not present a danger to the public.
Responders made a range of comments about the current efficiency of the 1951 Act and suggested how it could be improved. They generally noted that all animals should be sold in the same way and the provisions relating to the sale and display of dangerous and exotic animals should apply to all premises. They widely supported the extent of the application of the Dangerous Wild Animals Act 1976 to pet shops and other premises where animals are sold. However, a number of the responders believed that these animals or wild animals should not be sold through shops or displays:
There should be much greater control over the sale of exotic species and similar regulations should apply regarding both the sale and provision of information and the staff involved. (BVA Scottish Branch)
All animals sold should be subject to the same legislation, be they companion or exotic animals. (West Lothian Animal Rights and Veggies)
The provisions in relation to dangerous wild animals should apply to all premises and vehicles even where legislation overlaps. (Glasgow City Council)
The requirements of the Dangerous Wild Animals Act 1976 should apply to vendors of any animal falling under this Act. (individual)
The exemption of pet shop owners from DWA requirements is no longer valid and should be removed. (City of Edinburgh Council, Highland Council, North Lanarkshire Council, Central Scotland Police, LACORS, 2 individuals)
Dangerous Wild Animals Act 1976 - issue should be rectified immediately. (Vetwork UK)
Pet shops should be included in the Dangerous Wild Animals Act. (South Ayrshire Council, Animal ACTA, Cat Action Trust 1977, Minches Hovawarts)
The Dangerous Wild Animals Act 1976 should be amended to include pet shops, placing the same requirements on those keeping such animals, whether for sale or personal use. The animal is the same and its welfare requirements are the same, whoever keeps it. (North Ayrshire Council)
The Pet Shop legislation could be cross-referenced with the Dangerous Wild Animals Act in order to require similar standards of safety. (Stirling Council)
Pet shops should be required to make provision for the keeping of dangerous wild animals along the lines provided for in the Dangerous Wild Animals Act 1976 in addition to the requirements of the Pet Animals Act. (Glasgow City Council)
There is a need to remove the current exemption that allows a pet shop to keep dangerous wild animals without the need for a Dangerous Wild Animal licence. (Advocates for Animals, West Lothian Animal Rights and Veggies, 2 individuals)
If dangerous wild animals are on display or for sale then they must be dealt with under the Dangerous Wild Animals legislation. (Perth and Kinross Council)
The Pet Animals Act needs to be updated as exotic animals are now widely offered for sale. (West Lothian Council)
Some extremist groups have been lobbying for the removal of the pet shop exemption from the DWAA. This is rarely, if at all, anything to do with a desire to 'protect the public' but rather more seen as just another means of attacking the pet industry. We would strongly urge the Scottish Executive to retain the pet shop exemption from the DWAA. The industry has already suggested that pet shops should be required to notify local authorities of the sale of any listed species. This, combined with a proposal to make the sale of DWAA species to people without a licence an offence, closes any supposed loophole without needing to remove the exemption. Removal of the exemption would also be wholly inconsistent with the original enactment of the DWAA which states that the DWAA was never intended to cover commercial activities covered by other legislation. Furthermore, the IZVG Review into the DWAA stated clearly that Parliament's original intention was to exclude professional animal keepers. The impact upon individual pet trade businesses is not merely one related to income generation but also of unnecessary burden of legislative constraints, paperwork and inspections. There are relatively few specialist pet shops trading in species listed under the DWAA but for these businesses such sales can represent a significant percentage of their income, diminution of which, caused by unnecessary licensing requirements, would represent an unfair and disproportionate burden. For both specialist and many more general pet stores the existing exemption for the DWAA is an important feature. It is also a feature of the DWAA that actually enhances public safety rather than diminishing it. Removal of the exemption would place the public in more danger and would seriously compromise the welfare of certain specimens. At the present time, someone for example keeping a scheduled species without a licence can and do surrender the animal to a pet shop if it is no longer wanted for whatever reason. This allows the pet store owner or specialist outlet to cater for the welfare needs of the animal as opposed to it being discarded (with obvious public safety and welfare implications) and to dispose of the animal in an appropriate manner. It is wholly unrealistic to expect pet shops to undertake DWAA licensing, as they cannot possibly foresee what species might be brought into the premises. It is ridiculous to expect pet stores to be perpetually updating the list of species and specimens held - which will be required in the absence of the current exemption - when turnover can be rapid and species could easily be included in importations which were not specifically ordered. Any attempt to force additional costs and administrative burdens on the pet industry would have to be subject to a full and proper Regulatory Impact Assessment. (Pet Care Trust)
Licensing and inspection should be required for dangerous and/or exotic animals in pet shops, in order to bring them in line with current legislation. (The Royal Institute of Chartered Surveyors in Scotland)
There should be no dangerous wild animals on display or available for sale. If there are, then pet shops should be licensed under the Dangerous Wild Animals Act 1976. (individual)
A separate schedule and appropriate guidance on conditions should be provided within the Pet Animals Act 1951 to cover exotic or dangerous animals. (Fife Council)
If an animal on the DWA list is displayed, the need for human health and safety considerations should be met in the same way as if a DWA licence was held. (Aberdeenshire Council)
Animals which pose a danger to the public - subject could be dealt with by condition attached to the licence. (Angus Council)
If pet shop owners wish to sell or display defined Dangerous Wild Animals then the licence application should state this and any licence issued would need to specifically cover this through conditions based on national guidance. (East Lothian Council)
Any premises dealing with animals which pose a threat to public safety (and also staff safety) would need under existing Health and Safety at Work legislation to carry out an assessment of the risk and put in place measures to safeguard both staff and customers. (Angus Council)
Pet shop owners should be required to report the sale of any dangerous wild animals to the local authority. (East Lothian Council)
It is irresponsible to sell dangerous animals in pet shops where children are customers and special precautions for these animals would have to be put in place. (individual)
Pet shops/pet fairs/exotic pets should only sell exotic species if competence in husbandry can be demonstrated to specialist inspectors. (individual)
Such sales should only be carried out by specialist shops. (WAG)
Exotic pets and wild animals should not be for sale. (Munlochy Animal Aid)
Dangerous wild animals should not be sold through shops or displays. They should not be sold at all. (Vetwork UK)
Questioned whether dangerous wild animals should be on sale in pet shops in the first place. (East Ayrshire Council)
Do not consider that dangerous wild animals should be on sale in pet shops. (The Vegetarian Society, WAG, Inverclyde Dog Training Club, Lothian Cat Rescue, individual)
Do not consider animals that come under the DWA 1976 to be suitable for sale in pet shops. Display animals, providing they are housed correctly, could be acceptable. (individual)
Certain animals should not be on sale, especially those which need specialist conditions or are dangerous. (individual)
Question 8.5 The need for the inspection of pet shops by specialists where exotic animals are for sale or on display
Responders had three viewpoints on this proposal: (1) they agreed with the proposal, (2) they disagreed with the proposal, and (3) they neither stated agreement or disagreement and noted comments on the proposal. Each view will be discussed in turn:
(1) Agree that specialists are required to inspect pet shops where exotic animals are for sale or on display
16 organisations. (East Ayrshire Council, Falkirk Council, Fife Council, Stirling Council, PDSA, Vetwork UK, Animal Concern, The Vegetarian Society, WAG, Inverclyde Dog Training Club, The Brittany Club of Great Britain, Lothian Cat Rescue, Cats Protection, Cat Action Trust 1977, CARROT, PAWSI)
1 business. (Minches Hovawarts)
6 individuals.
Support for the proposal
Three responders noted the extent of their support for the proposal:
Comments on the proposal
Responders commented on a number of aspects of the proposal. They suggested the extent of the inspection work, the character of the specialists that should undertake an inspection, the need to develop and maintain a list of specialists, and the nature of the inspections that should be undertaken:
Pet shops and care conditions should be inspected by specialists. (The Brittany Club of Great Britain)
A specialist vet should inspect them. (LACORS, individual)
It would be more appropriate to use a veterinary inspector, who specialises in exotics but also trained in the implementation of the legislation with annual accredited CPD (ie refresher courses). (individual)
These specialists may be amateurs with very specific knowledge and there is a need to produce and maintain a register of specialists available to local authorities. (Glasgow City Council)
There would only need to be one or two inspectors for Scotland. The inspectors could be zoo keepers with expertise in exotics. (Scottish Centre for Animal Welfare Sciences)
For exotic animals any two tier inspection regime would necessitate an appendix of the animals deemed to be exotic. (Angus Council)
Specialists should ensure that the animal's requirements are being met in terms of its environment. (Catflap)
(2) Disagree with the proposal
5 organisations. (East Lothian Council, Highland Council, North Lanarkshire Council, Central Scotland Police, LACORS)
Reasons for disagreement with the proposal
These responders noted the reasons why they disagreed with the proposal. In all cases they agreed that a specialist was not required as long as there were other mechanisms in place that could provide guidance and advice relevant to the animals:
There is not a need for a specialist to inspect pet shops where exotic animals are for sale. But, further training for local authority inspectors may be required as well as access to specialist for advice and guidance. (East Lothian Council)
Specialists are not needed if there is specialist guidance available. (Highland Council)
There should be no need for specialists to visit and inspect pet shops if there was specialist guidance available. Guidance to licensing authorities on what is classed as an 'exotic' needs to be given, and regularly updated. (Central Scotland Police)
No need for specialists to inspect pet animals if properly trained officers are used and there is specialist guidance available. (North Lanarkshire Council)
There should be no need for specialists to visit and inspect pet shops if there was specialist guidance available. Guidance to licensing authorities on what is classed as an 'exotic' needs to be given, and regularly updated. (LACORS)
(3) Other comments on the proposal
Three responders made general comments on the proposal. These included the need to define a 'specialist', the availability of personnel to undertake inspection work, consideration of the use of more appropriate personnel to undertake inspections and for pet shops to have sufficient knowledge to enforce relevant standards:
A definition of 'specialist' is a pre-requisite. For example, owners and others often feel that exotic pets are easy to care for, when in fact they have quite specific needs. For example, nutritionally induced osteodystrophy is probably the commonest disease of iguanas but specialist advice needs to be given at the point of sale. (PDSA)
Questions whether there are sufficient vets and Scottish SPCA staff specialising in unusual or dangerous pets that can routinely examine premises. (individual)
It would be in the interests of all concerned if those inspecting pet shops had enough knowledge to enforce any relevant standards in an informed manner. Such competence would permit effective proportionate enforcement, which at times might require the application of a degree of discretion and the legislation should be drafted to permit such. Inspectors may be enabled to call on expert advice, which may or may not originate from the veterinary profession. (Ornamental Aquatic Trade Association)
The requirements for vets to inspect would suffice given the professional standards they observe. (North Ayrshire Council)
Currently have an officer with the City and Guilds Certificate in Pet Store Management, which covers amongst other animals, exotic species. If he were to be uncertain as to any animal welfare issue then we have a vet who we can call upon. An arrangement such as this is satisfactory for almost all instances but with the proviso that, where necessary, the advice of a specialist be sought. (Stirling Council)
Such inspectors do not necessarily need to be veterinary surgeons as no element or diagnosis or treatment would be required. (individual)
It should be for each local authority to ensure that it uses appropriate inspectors for the animals sold. (Perth and Kinross Council)
Regular inspections of pet shops selling exotic animals should be made by local authorities and the Scottish SPCA in relation to licensing and animal welfare issues. (ACPOS)
Question 8.6 Changes required to the Pet Animals Act 1951
Responders commented on a number of aspects of the Pet Animals Act 1951 that should be changed. These were: (1) general comments, (2) the implementation and enforcement of the 1951 Act, (3) the extent of the application of the 1951 Act, (4) supervision of pets in a pet shop, (5) responsibilities of the Scottish Executive, (6) licence conditions: general, (7) inspectors and inspection, (8) conditions for the animals, (9) specific species of animals that can be sold/that should be prohibited from sale, (10) registration of purchases/sales, and (11) conditions of sale:
(1) General comments
Responders suggested how the act could be improved. Although they acknowledged that some areas of it were adequate, others considered that the legislation was outdated and should be updated and modernised, and should reflect modern notions of welfare:
Changes are needed to be made to the Pet Animals Act 1951 - needs input from specialists in this area. (PDSA)
Pet Animals Act 1951 - outdated. (Advocates for Animals, West Lothian Animal Rights and Veggies, 2 individuals)
Everything should be tightened up in the 1951 Act. (Vetwork UK)
Core of the Pet Animals Act is adequate. (Dogs Trust)
Act falls down because of … a lack of a Code of Practice. (Dogs Trust)
Apparent that many of the older licensing schemes, particularly those concerned with companion animals, are in urgent need of updating. Their provisions fail to reflect modern notions of welfare, and do not contain appropriate provisions to enable licensing authorities adequately to ensure the interests of the animals involved. The general nature of the criteria they specify gives no guidance on the detailed requirements which it is appropriate for local authorities to demand. Moreover, there is no provision in the legislation to introduce mandatory or advisory standards by means of regulations or codes of guidance. As a result, it is left to each individual authority to define the standards it considers to be appropriate, which may lead to considerable variation between different areas. In addition, there may be genuine uncertainty as to the extent of an authority's power in specifying conditions. Notwithstanding that in relation to pet shops, animal boarding establishments, riding establishments, and dog breeding establishments, the licensing authority is required to specify such conditions in the licence as appear to it to be expedient for securing the stated objects, the respective legislation provides no explicit power to impose conditions which go beyond these. (Mr Mike Radford)
The current Pet Animals Act does not really address welfare issues. (Aberdeenshire Council, North Lanarkshire Council Central Scotland Police, LACORS)
(2) The implementation and enforcement of the 1951 Act
The implementation and enforcement of the Act were regarded to be uneven and in need of standardisation:
Act falls down because of poor enforcement by some local authorities. (Dogs Trust)
There is considerable variation in the operation of licensing schemes. In consequence, the degree of legal regulation varies considerably, depending upon when and why the particular legislation was originally introduced. (individual)
While there is one Act, there are several hundred different interpretations of it. In some areas local councils rigorously inspect to a high standard, others seem to issue licences on a cursory inspection or no inspection at all. This lack of consistency serves neither the interests of animal welfare nor the commercial interests of businesses who adopt high standards. The level of inconsistency in the application of the Act by councils was established by a survey we undertook during 1998. The results indicated only five of 112 inspections required water quality tests to be completed. While we believe this wholly unacceptable situation has improved, we do not believe there is any reason why these straightforward tests, that can play a key role in determining husbandry standards in a pet shop, should not be applied universally. Their application would be neither time consuming nor costly. Just over 1 per cent of retailers felt that inspecting officers had a thorough knowledge. (Ornamental Aquatic Trade Association)
(3) Extent of the application of the 1951 Act
Responders generally suggested that the application of the 1951 Act should be extended to cover a number of or all places where animals are sold, and also the places from where their sale should be prohibited. They suggested the standards that should apply for these different types of premises:
As a result of licensing, certification or registration, some activities may only be carried on lawfully with the consent of the state. It permits the regulating authority to impose specific conditions, monitor standards and performance, insist on necessary improvements and, ultimately, to revoke the authorisation or refuse an application for its renewal. (Mr Mike Radford)
All pet shops, pet fairs, and other commercial undertakings involving animals should be subject to some form of specific regulation, unless good cause can be shown why this should not be so, and such absence of regulation does not compromise the welfare of the animals involved. Generally, this will be achieved by either a scheme of licensing or registration. (individual)
It is urged that, in principle, some form of licensing, registration or certification intended to promote animal welfare should be considered in relation to all commercial activities involving animals, as well as to the operation of animal sanctuaries and shelters. (individual)
Should not only apply to pet shops but extend throughout the animal welfare sector. (Fife Council)
Licensing should be expanded to cover all forms of pet trading. (individual)
Licensing requirements should cover all forms of pet sales including internet sales. (Advocates for Animals, West Lothian Animal Rights and Veggies, 2 individuals)
All pet fairs and pet shops should be subject to the same standards and licensing requirements. (City of Edinburgh Council)
Pet shops should be considered as identical to breeders and dealers, and be subject to the same conditions. (Scottish Kennel Club)
All legislation brought into force regarding pet shops should also be applied to pet fairs, to dealers who deal in horses and to breeders of such animals as goats, pigs, llamas and alpacas who breed specifically to sell to the public. (Mossburn Animal Centre)
With the popularity of garden centres and ornamental fish, many places supply fish only. A revised licence for such premises would be welcomed as many pet shop licence conditions do not apply to fish, and necessary requirements are not included. Again, a national list of specialist fish inspectors would be helpful to the licensing authorities. Guidance on fish stock densities, water quality etc should again be produced as a 'Code of Practice'. (Central Scotland Police, Aberdeenshire Council, LACORS)
It would be of assistance were the Act to be worded in such a manner as to be clear as to how it applies to animal breeders. For example, a few years ago we were obliged to apply the Act to a 'rabbit farm'. It would be useful to be clearer where such wholesale establishments supplying retail pet shops fit within the legislative requirement and there may well be that there is an overlap with the breeding of dogs (and cats) which could be included in a more general piece of legislation. (Stirling Council)
Sale of animals such as rabbit, hamsters, mice and rats are often sold in large numbers from private households. These private establishments do not require any sort of licence. Any person breeding animals or birds for sale should be required by law to be licensed. (individual)
The keeping of animals under a pet shop licence should be prohibited at premises not included in the licence (e.g. the licensee's home). (Advocates for Animals, West Lothian Animal Rights and Veggies, 2 individuals)
The boarding of animals should be prohibited unless specifically authorised in the licence conditions. (Advocates for Animals, West Lothian Animal Rights and Veggies, 2 individuals)
Should prohibit the sale of pets from temporary premises or at day events regardless of whether or not they are public events. (Advocates for Animals, West Lothian Animal Rights and Veggies, 2 individuals)
Sale of pets from temporary premises must be prohibited. (individual)
Would like to see a ban on the sale of animals in pet shops. (Grampian Animal Defence League, CARROT, individual)
Do not agree with the sale of animals in pet shops (The Captive Animals Protection Society)
The sale of animals from a shop is an antiquated notion. If they don't sell puppies or kittens, why can't this be extended to include all other livestock. A rabbit has a very short 'sell by date', ready for sale at eight weeks old (although it is suspected that some for sale are only six weeks old) and considered 'unsaleable' by 18 weeks old. (CARROT)
Pet shops/supermarkets have a huge effect on the number of animals which are abandoned or brought to sanctuaries in the Dumfries area. They should not be allowed to operate on supermarket levels when the commodity offered for sale is a living creature. (Mossburn Animal Sanctuary)
The advertising of unlicensed animal traders/breeders should be prohibited at licensed premises. (Advocates for Animals, West Lothian Animal Rights and Veggies, 2 individuals)
The sale of animals rescued by animal protection organisations should be prohibited. (Advocates for Animals, West Lothian Animal Rights and Veggies, 3 individuals)
The sale of animals, birds and fish through pet shops, markets, mail order and media advertising should be banned, in order to eliminate irresponsible buying. (Individual)
(4) Supervision of pets in a pet shop
One responder, Canine Concern Scotland Trust, suggested that someone should reside at a premise where dogs were kept overnight:
(5) Responsibilities of the Scottish Executive
Responders believed that the Scottish Executive should have a number of responsibilities to undertake in administrating a revised Pet Animals Act. These included the compilation of a list of pet shops, administrating a training and accrediting system for pet shop inspectors, appraising the implementation of the legislation by local authorities and the distribution of information or care-sheets to pet buyers:
Compiling a centralised list of pet shops to include the date of when the licence was issued and the date and outcome of inspections. (Advocates for Animals, West Lothian Animal Rights and Veggies, 2 individuals)
Compiling a compulsory 'Standards of Modern Pet Shop Practice'; these Standards would be akin to those produced by the Secretary of State under the Zoo Licensing Act and would be extremely helpful as many local authorities do not have the expertise to know all the conditions that should be attached to the licence particularly as many pet shops sell a wide range of animals including exotic animals; establishing and administering as necessary 'Pet Animals Advisory Groups' to, for example, draft the 'Standards of Modern Pet Shop Practice'; compiling a list of specialist vets competent to carry out inspections. (Advocates for Animals, West Lothian Animal Rights and Veggies, 2 individuals)
Administering a training and accreditation system for pet shop inspectors. (Advocates for Animals, West Lothian Animal Rights and Veggies, 2 individuals)
Appraising local authorities' implementation of the regulations. (Advocates for Animals, West Lothian Animal Rights and Veggies, 2 individuals)
Should be required to compulsory distribute standard species-specific care sheets to all pet buyers. (Advocates for Animals, West Lothian Animal Rights and Veggies, 2 individuals)
The Scottish Executive should inform all owner/keepers upon registration of the responsibilities placed on them by the law for their species of 'registered' animal. (Avon (Lanarkshire) Dog Agility Club)
(6) Licence conditions: general
The conditions which should appear on a licence were also considered. Responders suggested general principles of licensing, such as modern concepts of welfare. They recorded specific provisions such as the power to withhold a licence, powers to revoke, change or suspend licences, model standards, the length of validity of a licence, the separation of the public from animals in a shop, the quarantine of sick animals, and the registration of animals before they leave a pet shop:
Licensing arrangements have to be more than a paper exercise. (individual)
Issue of pet shop licences should be transferred immediately to a new animal welfare regulatory body. (IFAW)
It is widely acknowledged that a key factor influencing the treatment of domestic and captive animals is the attitude of those who are responsible for them, yet few of the licensing schemes administered by local authorities specify this to be a relevant consideration. However, unlike the conditions for a riding school licence, there is no specific legislative provision requiring authorities to take account of the competence of applicants in relation to licences for pet shops, boarding establishments, or dog breeding establishments. In respect of new pet shop applications, it is suggested that at least one member of staff should hold a City and Guilds Certificate in Pet Store Management, or some other appropriate qualification or, alternatively, to be in the course of training for such a qualification, which must be obtained within two years of the licence being granted. It is also suggested that each licensee must formulate a written training policy for all permanent staff, and be required to demonstrate that systematic training is in fact carried out. (Mr Mike Radford)
The local authority should have means of determining if a person applying for a licence is a fit and proper person and has not been convicted of any animal welfare issues previously. (Fife Council)
The local authority would welcome clear powers on how to revoke, change or suspend licences that are in force. (Fife Council)
People with previous convictions of animal cruelty should be prohibited from working in pet shops. (individual)
Vendors should be held responsible for ensuring that the new owner has the appropriate licence (if required) and that the animal has been permanently identified (if required). (IFAW)
Facilities should be licensed. (IFAW)
Shops should be licensed. (The Federation of Zoological Gardens of Great Britain and Ireland)
Licences should be a mandatory requirement for all those in the business of selling animals and should not be issued for longer than a three year period. (IFAW)
Licences should not be given retrospectively. (IFAW)
There should be a set of formal model standards for all pet shops as this would give continuity of approach for all local authorities and proprietors. (South Ayrshire Council)
Licensing under the 1951 Act could be improved by having model conditions for guidance. (Highland Council)
In general the Act as written and the LGA Guidelines could and must be used to ensure that a minimum standard is enforced. (Ornamental Aquatic Trade Association)
Making compulsory the inclusion of all the conditions contained in the
Standards of Modern Pet Shop Practice in all pet licence conditions issued by local authorities. (Advocates for Animals, West Lothian Animal Rights and Veggies, 2 individuals)
The current guidance should be updated and incorporated into the legislation as a Code of Recommendation. (Central Scotland Police)
Pet shops should display their licences. (individual)
The display of the current pet shop licence, including the licence conditions and their schedules should be compulsory, and placed in a prominent, easy accessible place in the public area of the licensed premises. (Advocates for Animals, West Lothian Animal Rights and Veggies, 2 individuals)
Should state explicitly that all animals kept in a licensed establishment, regardless of whether they are for sale or not, are governed by the licence. (Advocates for Animals, West Lothian Animal Rights and Veggies, 2 individuals)
It should be a requirement that the licence specifies a specific enclosure area and volume allowances for all types of animals kept, assuming they may reach adulthood whilst on the licensed premises. (Advocates for Animals, West Lothian Animal Rights and Veggies, 2 individuals)
All animal establishments must have a health and safety policy which must be a condition of their licence and part of the inspection process. (PAWSI)
Hand washing facilities should be provided in all premises for customers who may handle animals. (Fife Council)
Animals, birds and fish on display in pet shops must be kept out of reach of the public to avoid injury (to animals and public), disease transfer and stress to the animals. (Animal Concern)
There should be the compulsory use of stand-off barriers or other methods to prevent customers physically interacting with animals in the pet shop. (Advocates for Animals, West Lothian Animal Rights and Veggies, 2 individuals)
Guidance on quarantine conditions for sick animals should be issued. (Fife Council)
There should be tighter legislation on the quarantine of imported wild and farmed animals (such as fish and birds), with minimum periods and conditions. (Scottish Centre for Animal Welfare Sciences)
Penalties should be revised/updated. (IFAW)
(7) Inspectors and inspection
Responders noted provisions that should be made for the inspection of pet shops. They suggested the type and frequency of inspection that should be undertaken and the character of the inspectors:
Shops should be inspected. (The Federation of Zoological Gardens of Great Britain and Ireland, Catflap)
It should be possible for checks to be carried out on breeders of animals supplying to pet shops (Fife Council)
Legislation should allow for interim inspections both routine and reactive and provision should be made for complaints to be referred back to the licensing authority. (Glasgow City Council)
Inspectors should be given powers to enter unlicensed premises. (individual)
Powers of entry should be extended to unlicensed pet shops, with the normal proviso in relation to dwelling houses. (Central Scotland Police, Aberdeenshire Council, LACORS)
Police should be given powers of entry for inspection to the premises through the issue of search warrants. (IFAW)
Improvement notices are also needed in the legislation, along with the possibility to apply a temporary licence, valid for three months, while corrective works are undertaken. (Central Scotland Police, Aberdeenshire Council, LACORS)
(8) Licence conditions: conditions for the animals
Responders considered that licence conditions need to ensure the welfare of animals in a pet shop including their physical and mental well-being and the standard of their accommodation:
Most pet shops have inadequate housing for the pets they are selling and this passes on a wrong impression to the buyer. (Mossburn Animal Sanctuary)
Current pet housing/display is totally inadequate. Rabbits are kept either in tiny metal, glass fronted cabinets with barely enough space for two hops from one side to the other, and lit from above with bright lights (which obviously give off some heat), and with no visible ventilation, or as in the case of larger pet stores, in 'pens' with rabbits and guinea pits kept together, and within touching distance of small screaming children. (CARROT)
Pet shops should be obliged to provide adequate (not just basic) accommodation for all animals on their premises. Some pet shops put animals in small cages in the hope that people will 'pity purchase' to 'rescue' the animal from the shop. (Animal Concern)
All animals displayed in pet shops should have adequate housing and exercise areas with due regard to the animal's needs for security. They should clearly be labelled 'not for sale'. (Aberdeenshire Council)
There should be a legal requirement to ensure
all animals awaiting sale are properly housed. (Grampian Animal Defence League)
Guidance on stocking densities for juvenile and adult animals and birds needs to be drawn up. The current guidance should be updated and incorporated into the legislation as a 'code of recommendation'. (Aberdeenshire Council, LACORS)
National guidelines on the space standards and type of housing for all animals held for sale should be developed to ensure that the best practicable measures for the animals' welfare are in place. Such guidelines can include the types of dangerous wild animals normally offered for sale. (East Lothian Council)
There should be minimum standards for cages (preferably increased from ones suggested in Local Government Association guidance) taking into account that some animals may stay in the pet shop for some time (in cases years). (North Lanarkshire Council)
There should be changes in the manner in which the animals are kept in for sale, minimum dimensions for cages, pens and tanks. (WAG)
Special provision should be required for exotic and expensive animals which may be kept on the premises for months or even years before being sold. (Animal Concern)
Vendors should be obliged to make provisions for animal welfare as specified in the Standards and Welfare codes for the species. (IFAW)
Need to care for the mental suffering that may be caused to animals in their care. (WAG)
Clear guidance on euthanasia of animals should be provided and a register for all animals euthanased should be kept on the premises. All euthanasia should be carried out either by a veterinary surgeon or a suitably trained member of the animal staff. (Fife Council)
(9) Licence conditions: specific species that can be sold/that should be prohibited from sale
A number of responders considered that there should be restrictions upon the species of animals sold from pet shops. Responders especially noted that canines and felines should not be sold from such premises:
Pet shops should only handle locally bred animals. (individual)
All pets in a pet shop must be covered by the licensing regime. (individual)
Need to regulate the species of animals that are sold. (individual)
The sale of any particular type of animals known to be unsuitable for pet keeping should be banned. (Advocates for Animals, West Lothian Animal Rights and Veggies, 2 individuals)
Pet shops should be licensed to sell specific animal species once they have proven that they have the facilities to care for, handle and display the animal. (Avon (Lanarkshire) Dog Agility Club)
The sale of a particular type of pet should be prohibited if the local authority has not authorised the keeping of such a pet at the licensed premises. (Advocates for Animals, West Lothian Animal Rights and Veggies, 2 individuals)
Vendors should ensure that only legally stocked animals are kept. (IFAW)
Dealing with dogs where purchased puppies are transferred to a pet shop or 'rearing establishment' for resale to the general public should be banned. Dealers or pet shops should still be able to arrange the sale of dogs direct from breeders or licensed animal charities to the public for a commission. This ban would also apply to dealers who purchase puppies for sale outwith the United Kingdom for resale. (Canine Concern Scotland Trust)
It should be made illegal for pet shops to sell canines and felines. These should be obtained direct from licensed breeders or, better still, rescue centres. (Animal Concern)
Do not support the principle of dogs in pet shops or through third parties, such as fairs or markets. (The Kennel Club)
Dogs Trust would wish to see specific parameters for the maintenance of puppies in pet shops which should include space availability, temperature and humidity ranges, feeding regimes, veterinary care regimes and socialisation procedures. (Dogs Trust)
(10) Licence conditions: registration of purchases/sales
A number of suggestions were made that all sales of animals should be registered. Some responders noted the scope of the activities and information that should be covered by this registration:
Many licensed pet shops already operate a voluntary scheme whereby a register of names and addresses of purchasers is kept. This should be a compulsory scheme as part of the licence conditions of the pet shop. This could be checked by the local authority during any inspection and follow up visits could be done if necessary. (Central Scotland Police, LACORS, Aberdeenshire Council)
Pet shop owners should register all purchases. (individual)
There should be compulsory registration of all commercial transactions of pet animals. (Advocates for Animals, West Lothian Animal Rights and Veggies, 2 individuals)
The registering of animals before they leave the pet shop would be a bonus in the control and identification of animals and their own/keeper. This would require shop staff to be trained in registration methods and microchipping. (Avon (Lanarkshire) Dog Agility Club)
Pet shops should obtain buyers' names and addresses. (Grampian Animal Defence League)
Pet shops should inform the registration authority of the identity and address of the people purchasing the animal. (individual)
Standard form(s) should be required as a record for this purpose. Pet shops and animal vendors/breeders should be required to keep and submit a record of animals purchased, births, illnesses, deaths and sales. This is essential to assess standards when licences are applied for, as well as being an essential management tool for their trade. (IFAW)
Records of incoming stock with details of where obtained, births, sales and mortalities should be recorded. Breeders and suppliers of 'exotics' (particularly psitticines and reptiles) should require a licence (this is implied but not enforced in the current legislation) as should any person breeding any animal to sell to a pet shop. Accidental births of small domestic mammals supplied to pet shops should be exempt, unless this occurs on a regular basis. (Aberdeenshire Council, LACORS, Central Scotland Police)
(11) Licence conditions: conditions of sale
Responders suggested that the conditions of sale should be set out for both the pet shop and the customer. A number of responders suggested that purchasers should meet certain standards and should be able to prove their competence at keeping an animal. Likewise, pet shops were to ensure that the animals had accommodation which would ensure their welfare. They also proposed that pet shops should accept the return of an animal which they had sold, within a specific period of time:
Pet shops should sell animals only to people who have acquired an appropriate licence. (individual)
Anyone buying a pet animal should have to present a certificate to the vendor before being allowed to take possession of an animal to prove they have undergone suitable training and have been assessed as competent to keep an animal. Competency assessments could be made by such persons such as veterinarians and for Scottish SPCA personnel etc. This should be compulsory when buying exotic and dangerous animals. The household must be assessed and certified as suitable before a member of the public is allowed to take possession of such an animal. (Dumfries and Galloway Council)
The responsibility must be given to the vendor to ensure those purchasing animals have the correct facilities and level of know-how. (British Horse Society)
Vendors should be satisfied that the new owner is suitably equipped for their new charge. (IFAW)
A 'consultation' with potential buyers of exotics should be included to ensure the buyer comprehends the amount of input a particular species will need, eventual size of adult and size of container required to accommodate an adult should be discussed. (Aberdeenshire Council)
Pet shop staff should question potential buyers to check whether they have the correct housing and equipment for the animal. (Grampian Animal Defence League)
The sale of a pet should be prohibited where there is no reasonable guarantee that the purchaser will provide minimum housing conditions and food and liquid. This can be done. A RSPCA report states that some pet shops do ask rigorous questions about the prospective pet owner's experience before selling the individual a pet. (Advocates for Animals, West Lothian Animal Rights and Veggies, 2 individuals)
New legislation should prohibit the sale of a pet without a reasonable guarantee that the purchaser would provide adequate housing and other conditions for the pet. (individual)
Sale of small inadequate cages and hutches should be forbidden. Prospective purchasers should be made aware that exercise runs are essential to the wellbeing of such animals as rabbits, guinea pigs and chinchillas. (Mossburn Animal Sanctuary)
There is a requirement for a regulated, realistic, humane size of hutch/cage in which a rabbit should be housed. It is the responsibility of the person(s) selling the rabbit to advise the buyer of the proper housing required for a rabbit. The hutches currently available for purchase in pet shops/stores are inadequate and insufficient in protection from elements, predators etc. Stronger, more defined guidelines should be made available to seller(s) to pass on to purchasers. (CARROT)
Some provision should be made for the new owners who find themselves unable to keep a newly acquired pet. (individual)
Pet shops should be obliged to take back any animal within 72 hours of purchase. (Animal Concern)
Pet shops should take back any animal within one week of purchase. (Advocates for Animals, West Lothian Animal Rights and Veggies, 2 individuals)
Pet shops should accept the return of an animal within a month of purchase. (individual)
Question 8.7
The need to introduce a statutory code of practice for pet shops
Responders noted their agreement or disagreement to this question and commented on the proposal as a whole or aspects of it:
Agree to introduce a statutory code of practice
21 organisations. (East Ayrshire Council, East Lothian Council, Falkirk Council, Glasgow City Council, Highland Council, Midlothian Council, North Lanarkshire Council, Stirling Council, The Royal Institute of Chartered Surveyors in Scotland, Dogs Trust, Kirkwall Dog Training Club, Inverclyde Dog Training Club, The Brittany Club of Great Britain, Ornamental Aquatic Trade Association, Lothian Cat Rescue, Catflap, Cats Protection, Cat Action Trust 1977, Vetwork UK, CARROT, PAWSI)
2 individuals.
Disagree that a statutory code of practice should be introduced
Level of support of the proposal
Responders noted their level of support to the proposal:
There is a need to introduce a statutory code of practice for pet shops. (Glasgow City Council, Vetwork UK)
Would be welcomed. (Stirling Council, The Royal Institute of Chartered Surveyors in Scotland, Kirkwall Dog Training Club)
Strongly support a Code of practice. (Dogs Trust)
Would be helpful. (Falkirk Council)
Comments on the proposal
A number of responders noted the advantages of this proposal, the extent of its application and ways in which it should be implemented, for example, through training (including compulsory, regular and refresher training), minimum or recognised qualifications, and the inspection of training courses:
Have experienced people who have run pet shops but were not competent to handle animals. (individual)
Unfortunately, few staff in pet shops have the proper knowledge to pass on to the public, and many purchasers make wrong decisions on the information given. (CARROT)
The majority of staff in pet supermarkets are young, inexperienced people with very little practical knowledge of the animals and birds they are selling. Staff selling directly to the public should firstly take an examination testing their suitability for the job. (individual)
The current provision with regard to training is insufficiently clear and effectively condones the opening of a pet shop by a person with no formal training. While guidance on this matter is provided in the
Pet Shops Standard Licence Conditions Guide of 1992, this effectively allows two years to elapse before any person on the premises is required to undertake any formal training. Before granting a licence, either the proprietor or a full-time member of staff must hold the requisite qualification. It is also worth clarifying the definition of full-time as we have found that staff can be transferred between branches of large chains resulting in some stores having only partial cover. (Stirling Council)
There is a very real need to ensure people employed to handle, care for and sell animals in pet shops know what they are doing. This may mean adopting appropriate nationally recognised qualifications and insisting pet shops sponsor existing and new staff through qualification courses. (Animal Concern)
Staff need knowledge of the animals they sell. (Angus Council)
The public assume a level of competence and expertise exists in pet shop staff, and will quite logically seek advice from them. (Catflap)
Pet shops should be better equipped to discuss animal welfare. (individual)
Training would be of benefit to council inspectors, pet shop proprietors and the public. (East Lothian Council)
Pet shop staff should have broad, basic training in animal welfare and health. Also they should be able to offer advice to the public and be allowed to refuse to sell an animal to someone they suspect would be an unsuitable owner. (individual)
Staff should be competent in animal handling and the giving of advice to the public. (Cat Action Trust 1977)
Staff employed should have training in the basics of the maintenance of the species sold. (BVA Scottish Branch)
All those owning or working with a pet shop must be fully trained and experienced in the care of the animals within. Many pet shops employ unqualified and untrained staff. (WAG)
Staff employed in pet shops should have competence relative to the care and sale of pet animals sold. (West Lothian Council)
Would be helpful if the legislation required the seller of an animal to be able to display a knowledge of all species they sold. (Scottish SPCA)
People selling animals should be knowledgeable about the species involved and ideally have a professional qualification in animal care. (Grampian Animal Defence League)
It should be possible to place restrictions on certain types of animals being kept dependent on the knowledge of the owner/animal staff. (Fife Council)
Owners of pet shops should not be permitted to sell exotic or dangerous animals without obtaining nationally recognised, qualifications in the care and keeping of exotic and dangerous pets. (Glasgow City Council)
All pet shop assistants, including temporary staff, should have appropriate qualifications and expertise regarding pet shop practice and pet care. (Advocates for Animals, West Lothian Animal Rights and Veggies, 2 individuals)
Pet shop staff should have adequate qualifications and expertise in relation to pet care. (individual)
Would welcome recognised qualifications and/or experience for animal staff on a nationwide basis. (Fife Council)
A training scheme, equivalent to NVQ, should be introduced. (The Brittany Club of Great Britain)
Introduce requirements for minimum qualifications for pet shop operators especially if they keep/sell exotics. Pet shops should only be licensed to sell the specific categories of stock for which they have appropriate knowledge. (Central Scotland Police, LACORS)
The public would benefit from a certification scheme that assured them that the person offering advice (pet shop clerk, vet nurse, vet, or kennel maid) was competent on the species under discussion. (Avon (Lanarkshire) Dog Agility Club)
The person responsible should be assessed for their knowledge on each specific species they wish to sell. (North Lanarkshire Council)
Need to introduce requirements for minimum qualifications for pet shop owners especially if they keep/sell exotics. Pet shops should only be licensed to sell the specific categories of stock (11 categories as in LGA guidance) for which they have appropriate knowledge. Some authorities are already incorporating the above into their conditions of licence. (North Lanarkshire Council)
Persons in charge of pet shops should attend appropriate training courses and such courses should be approved by the appropriate Government body as being suitable for the intended purpose. (East Lothian Council)
Training for staff should be compulsory. (The Federation of Zoological Gardens of Great Britain and Ireland, Munlochy Animal Aid)
Training should be mandatory and should cover
all persons retailing animals including casual and part time workers. (Glasgow City Council)
There should be a mandatory condition on obtaining suitable qualifications to operate a pet shop. Opportunities could develop between the licensing authorities and the pet trade association to develop a suitable course to enable pet shop owners to obtain the following qualifications:
A basic pet shop qualification, which would deal with small and large mammals, birds and fish;
An exotic pet shop qualification which would deal with the exotic species such as reptiles and certain other animals such as exotic fish and some mammals; and
A qualification covering the sale of dangerous wild animals. (South Ayrshire Council)
There must be a standard where the owner and staff have to prove their abilities regarding the care, handling and needs of animals they look after before sale and their ability to pass on such information to potential customers. (Mossburn Animal Sanctuary)
Minimum standards of competency should be set. (North Lanarkshire Council, Highland Council)
Whether statutory or not, a system that sets a reasonable minimum training standard and ensures it is enforced is to be welcomed. The development of any standards should actively involve stakeholder groups to ensure their practical relevance to maintaining or improving animal welfare standards. There is much good practice already applied in the sector and this must be recognised and applied in all enterprises. (Ornamental Aquatic Trade Association)
Minimum standards of competency should be set for all staff working in pet shops and they should undergo regular further/refresher training. There have been difficulties in obtaining courses relating to the sale of companion animals and in releasing staff to attend courses. (Aberdeenshire Council, LACORS, Central Scotland Police)
Certificates of competence should be needed to allow any sale of animals to the public. (Cats Protection)
The licence holder must be able to demonstrate a training background, competitive and knowledge in the welfare and keeping of animals. (Midlothian Council)
Management, training and knowledge for all pet shop owners has to be an essential requirement for local authorities to consider as part of the licensing process. Local authorities have to be satisfied that the premises are suitable and shopkeepers have the appropriate skills and knowledge to be licensed for this purpose. As part of any licence, the local authority can and should restrict sale of animals in accordance with the skills and knowledge of the shopkeeper. (City of Edinburgh Council)
Would be preferable if as much as possible of the requirements were in the primary legislation, especially those relating to training. (Stirling Council)
Details in any code of practice should include the level of competency and certification of pet shop staff. (East Ayrshire Council)
There should be suitable training courses for local authority and only suitably qualified inspectors could inspect for the granting of licences. (South Ayrshire Council)
May be better to make available suitable basic training for local authority inspectors backed up with a handbook on the needs of all pet animals. (Angus Council)
Other issues
Two further issues were raised by responders which related to the control of animal diseases and the sale of specific species:
Consideration should be given to a database of all pets in order to control disease should an exotic disease enter the country - it would also supply information on the numbers of any species held in the community. (BVA Scottish Branch)
Questions how the purchasing of poisonous snakes from another country should be monitored. (individual)
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