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ANALYSIS OF RESPONSES TO THE CONSULTATION DOCUMENT 'PROPOSALS TO REVISE EXISTING ANIMAL WELFARE LEGISLATION'
(9) Pet fairs
Paragraph 27 of the consultation document stated: Pet shops are already licensed but the current legislation is ambiguous on how it should apply to pet fairs where animals are sold. There are three main types of pet fairs: - birds, fish and reptiles. We believe that local authorities should licence the organisations responsible for organising the event and therefore place these events on a similar legislative footing as pet shops and ensure that similar standards of welfare would apply.
28. Do you agree that there should be greater regulatory control over public and private pet fairs?
Overview
70 responses were received on this subject. Responders included 14 local authorities and their representative body LACORS; a police representative body, ACPOS; 4 veterinary organisations; 2 pet trade associations; 10 canine organisations; 7 welfare organisations; 4 animal rescue and sanctuary organisations; 3 rural and agricultural organisations; and 11 individuals also responded.
Background to the issue
The Scottish SPCA noted that pet fairs were uncommon in Scotland. Two local authorities, Stirling Council and East Ayrshire Council, specifically noted that they had no direct experience of them.
Responders noted that the current legislation on this type of animal event was unclear. Highland Council, LACORS and Central Scotland Police suggested that the legislation should be clarified. Advocates for Animals and The Captive Animals' Protection Society believed that these events were already prohibited under an amendment to the Pet Animals Act 1951. The latter organisation pointed out that 'the 1983 amendment to the Pet Animals Act was clearly designed to prevent the sale of pet animals from temporary or makeshift venues. One or two day pet fairs are therefore already illegal and new legislation should not allow them'. Advocates for Animals considered that 'it would be a retrograde step if legislation were to now permit an activity that has been prohibited on welfare grounds since 1983'. The Captive Animals' Protection Society highlighted that 'there have been several court judgements in England that upheld the opinion that venues used to hold events such as pet fairs are public places and that it would be unlawful for a local authority to grant a pet shop licence for a pet fair'. The RCVS commented that 'arguably the definition of 'pet shop' in the Pet Animals Act 1951 already applies to them, but the licensing provisions are clearly drafted with single businesses in mind'.
However, these events were currently subject to some regulation. The Scottish SPCA noted that 'some local authorities will grant a one-day pet shop licence for specialist fairs such as reptiles, cavies or finch and cage bird shows. If exhibitors hold pet shop licences from their home areas, fairs may circumvent the licensing provisions by holding the event in a non-public place. Where pet fairs do occur, Scottish SPCA Inspectors try to ensure that the treatment of animals is commensurate with the 1912 Act, and that conditions comply with the Pet Animals Act 1951'.
Responses to the proposals
Responders answered the question in one of five ways. These were: (1) there should be greater regulatory control or greater regulation, (2) there should be greater control and standards should be the same as for pet shops, (3) they should be subject to licensing, (4) they should be regulated, and (5) they should be banned. Each will be discussed in turn:
(1) There should be greater regulatory control or greater regulation
11 organisations. (Aberdeenshire Council, East Ayrshire Council, Falkirk Council, Fife Council, North Lanarkshire Council, West Lothian Council, RCVS, BVA Scottish Branch, PDSA, Lothian Cat Rescue, The Brittany Club of Great Britain)
4 individuals.
(2) There should be greater control and standards should be the same as for pet shops
16 organisations. (Angus Council, East Ayrshire Council, East Lothian Council, Glasgow City Council, Perth and Kinross Council, Stirling Council, LACORS, Scottish Kennel Club, Dogs Trust, Perthshire Canine Club, Scottish Utility Breeds Club, Catflap, Cat Action Trust 1977, Vetwork UK, Ornamental Aquatic Trade Association, Scottish Centre for Animal Welfare Sciences (or same legislation as livestock markets)
3 individuals.
(3) They should be subject to licensing
13 organisations. (ACPOS, South Ayrshire Council, Inverclyde Dog Training Club, Canine Concern Scotland Trust, The Royal Institute of Chartered Surveyors in Scotland, Avon (Lanarkshire) Dog Agility Club, Scottish SPCA, Animal Concern, The Vegetarian Society, WAG, Pet Care Trust, PAWSI, ACTA)
3 businesses. (Edelhof Kennels, Minches Hovawarts, Scotlean Pigs)
2 individuals.
(4) Should not be regulated
(5) Opposed to them or should be banned
A number of the following responders noted that they should be banned in the first instance, and failing this, be regulated:
6 organisations. (Advocates for Animals, CARROT, West Lothian Animal Rights and Veggies, IFAW, Grampian Animal Defence League, The Captive Animals' Protection Society)
3 individuals. (one considered that if they were not to be banned they should have the same welfare standards as pet shops)
Reasons for views on the proposal
Although responders did not always state why they had a particular view, some gave a number of reasons for their decision:
Reasons why there should be some form of regulation
Responders suggested a number of reasons why there should be some form of regulation or greater control placed on pet fairs. These included the need to ensure the consistent application of animal welfare standards across different establishments where animals were sold, and the need to ensure and raise welfare standards:
To ensure consistent application of animal welfare standards. (Falkirk Council)
Pet fairs in the main are reputable and have many enthusiasts. There are also pet fairs that do not comply with any minimum standards of care. (WAG)
It would make sense to bring them under the same protective umbrella. (East Ayrshire Council)
It may be more appropriate to introduce legislation permitting powers of inspection by local authorities. If standards are not achieved the event could be fined or closed. (PDSA)
They could become a loophole for puppy and kitten dealers if controls become too tight. (Avon (Lanarkshire) Dog Agility Club)
Concern at the regulation of pet fairs
Three responders were concerned at the impact which the regulation of pet fairs would have on the trade in animals, local authorities and public finance:
Too strong regulations may force the trade to go underground. (individual)
The licensing will have a resource implication. (West Lothian Council)
Licensing should not be at public cost. (The Royal Institute of Chartered Surveyors in Scotland)
Reasons why there should not be any regulation
One organisation, BASC Scotland, suggested why pet fairs should not be regulated:
At many of the country and agricultural fairs held in Scotland each year, there is limited and ad hoc selling of gundogs, ferrets, etc. This normally takes the form of a card or small poster displayed at the event and, as an organiser of one of the main fairs in Scotland. We are concerned that such limited sales of animals associated with field sports could bring the event under regulatory control. (BASC Scotland)
Reasons why pet fairs should be banned
A number of responders who asked that pet fairs should be banned gave reasons for their decision. They suggested that pet fairs did not always maintain adequate welfare standards, animals were subject to poor welfare both at the time of sale and between sales, mortality rates in animals were high, the events encouraged impulse buying of animals, and buyers were not always knowledgeable about the animals. They also recommended that the sale of animals should be undertaken from permanent premises rather than temporary ones:
They fail to ensure adequate welfare standards and provide an easy opportunity for illegal trading. (individual)
Do not believe that pet fairs maintain adequate welfare standards for the animals sold and purchased. (West Lothian Animal Rights and Veggies)
They are literally a 'dumping ground' for unwanted animals, with animals changing hands for as little as 10p, and many of them destined for snake food. (CARROT)
Stolen pets can be sold at auction. (individual)
Encourage the import trade of exotic species (includes wild animals) which causes immediate animal suffering and a substantial number of fatalities. (Grampian Animal Defence League, The Captive Animals' Protection Society, individual)
Animals are taken from the wild. (The Captive Animals' Protection Society)
Many wild animals caught die during capture or transportation. (The Captive Animals' Protection Society)
Encourages impulse buying of animals. (Grampian Animal Welfare League, The Captive Animals' Protection Society, individual)
Keeping of exotic animals with no assurance that the buyers know how to care for these animals adequately, resulting in enormous animal suffering and very high mortality rates. (individual)
Do not inform buyers how long the animal will live, how large and possibly dangerous it may become, how much money it will cost to house, heat and feed, and the cost of vet fees. (individual)
Involves the transportation of the animals from venue to venue. (Advocates for Animals, individual)
The animals are confined in cramped containers for long periods of time. (individual)
There is little known about the temporary accommodation used by non pet-shop owning dealers to house animals or birds between pet fairs. (Advocates for Animals)
Encourages the transfer of infections and disease from animal to animal some of which can cross the species barrier to humans. (Grampian Animal Defence League, The Captive Animals' Protection Society, 2 individuals)
Traders fail to warn prospective buyers of the human health risks attached to the keeping of exotic species. (individual)
Traders are primarily concerned with making a profit out of animals - not finding the animal a good home. (individual)
If buyers have a problem with the animal they have bought, the traders have moved on and there is no redress. (individual)
If buyers require information regarding the health and welfare of the animal they have bought, the trader has moved on and cannot supply it. (individual)
The Chartered Institute of Environmental Health believes that pet shops should be in premises where the carrying on of a business is on a regular basis rather than a temporary one. It advises enforcement action should be taken against those organising one day sales. In view of these considerations, most local authorities have sensibly disallowed such events. (individual)
It is simply not possible to maintain and enforce suitable standards of welfare of temporary sales in a makeshift environment. (Advocates for Animals)
Scope of the regulation/licence
Three responders suggested activities that would merit special treatment. Two responders noted that there should be an exemption for events organised and run by hobbyists for their own members:
On no account should the sale of live animals be allowed at street markets or car boot sales. (Animal Concern)
An exception to the regulations would be meetings of clubs where successful hobbyists gather to exchange or sell and buy livestock from other hobbyists. The point at which a hobby show becomes commercial, and thus require a licence, will need clarification. (Ornamental Aquatic Trade Association)
Members only events should not require a licence in order to operate legally. Outside these events, typical exhibitions where animal sales are only a small part of the event and will also not require full licensing. This leaves events which are primarily for the undertaking of commercial sales and which are open to the general public, and should be licensed. (Pet Care Trust)
The form of the new regulations and licence conditions
Responders suggested the form which the licensing system should take and the conditions that should appear on a licence. For example, licensing could be undertaken using the pet shop legislation, and licences issued by local authorities. Each event should be licensed, organisers and sellers should be properly identified, inspected, exhibitors should be shown to be competent; a code of practice should also be issued:
The licence should not be so inflexible that the pet fairs become secreted from the general public. (ACTA)
A temporary pet shop licence or something similar could be introduced along the lines of the Temporary Public Entertainment Licence provided for the Civic Government (Scotland) Act 1982 although account would also require to be taken of the need to prevent the sale of animals from car boot sales, shopping malls etc. It is also anticipated that difficulties could arise in relation to the sale of wild/licensable animals from pet fairs in the event that the suggested concept of pre-notification to local authorities is accepted. (Glasgow City Council)
Organisers should also be required to ensure that dealers, traders etc are appropriately licensed before allowing them to trade at their event. (East Lothian Council)
All pet fairs should be incorporated into 'pet shop' legislation and licensing schemes, with the same levels of responsibility for ensuring that new owners are appropriately licensed and able to provide adequate care. (IFAW)
They should be treated in the same way as pet shops and should be licensed by the local authority. (Central Scotland Police)
Licensing should be given to organisers of these events. (Perth and Kinross Council, Minches Hovawarts)
A licence would be issued by the organisation's 'home authority'. There should also be a requirement to notify local authorities in whose area fairs are to take place, at least 21 days in advance to allow for proper monitoring if required. (Perth and Kinross Council)
Licensing conditions must be exhibited at any fair. (Perth and Kinross Council)
The venue should be subject to prior inspection to ensure that it is suitable. (Animal Concern)
A list containing the names and addresses of participants should be supplied to the local authority. (Fife Council)
Each seller at a fair must be able to be properly identified to ensure they are licensed breeders or sellers if necessary. (Perth and Kinross Council)
Events should be inspected. (West Lothian Animal Rights and Veggies)
Checks should be made by local authorities or the police, accompanied by the Scottish SPCA or veterinary surgeons if necessary. (ACPOS)
The licensing authority should have qualified people in attendance on the day to ensure controls are enforced. (individual)
The organisers should over the cost of having a local authority appointed vet to ensure good standards of animal welfare and any legal restrictions on the sale of animals are observed. (Animal Concern)
Inspection costs could be made within the cost of a licence. (West Lothian Animal Rights and Veggies)
Exotic species should only be sold if a competence in husbandry can be demonstrated to specialist inspectors. Inspectors do not necessarily have to be veterinary surgeons. (individual)
If a code of practice is introduced for pet shops then it should also be a requirement for pet fairs. (ACPOS)
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