Primate licensing - information for applicants

It is estimated that up to 5,000 primates are currently kept in domestic settings as pets in the UK. These wild animals have complex welfare and social needs and, according to most experts, cannot be properly cared for in these environments. The new measures will improve the welfare of potentially thousands of these intelligent animals.

Keeping primates: licensable activity

Section 13(1) of the Animal Welfare Act 2006 applies to the keeping of a primate other than where the primate is kept in:

• a zoo within the meaning of the Zoo Licensing Act 1981 and a licence in respect of that zoo is in force under that Act; or
• a place specified in a licence under section 2C of the Animals (Scientific Procedures) Act 1986

How to apply

(1) An individual who keeps or is proposing to keep a primate at any premises in England may apply for a primate licence to the local authority in whose area the premises are situated.

(2) An application may not be made by an individual:

• who is under the age of 18; or
• who is disqualified from keeping primates

(3) The application must specify:

• the name and address of the applicant
• the species of primate, and the number of primates of each species to be kept under the licence
• the premises where the primates are to be kept
• the date from which the applicant proposes that the licence should have effect; and
• where the applicant requests the licence to be granted for a period of less than three years, the date on which the applicant requests the licence to expire

(4) The application must specify, in relation to each primate proposed to be kept under the licence:

• its name and sex
• its species
• its date of birth or, if not known, its approximate date of birth; and
• the number of any microchip implanted in the primate

(5) The application must specify such other information, and be in such form, as the local authority may reasonably require.

Disqualification

For the purposes of this regulation, an individual is disqualified from keeping primates if the individual is disqualified from keeping primates of any description under:

•  section 34(2) of the Animal Welfare Act 2006
• section 1 of the Protection of Animals (Amendment) Act 1954
• section 40(1) of the Animal Health and Welfare (Scotland) Act 2006; or
• section 33(1) of the Welfare of Animals Act (Northern Ireland) 2011

Determination of applications

(1) Before determining whether to grant an application for a primate licence, Gateshead Council must arrange for a suitable person to inspect the premises specified in the application to determine whether the licence conditions are likely to be met if the application were to be granted.

(2) Following an inspection under paragraph (1), the Gateshead Council must:

• if it is satisfied that the licence conditions are likely to be met if the application is granted, grant the applicant a primate licence with effect from such date as it may determine
• in any other case, refuse the application

(3) For the purposes of paragraph (2)(a), Gateshead Council may take into account:

• any previous failure by the applicant to meet the licence conditions; and
• any other conduct of the applicant that is relevant

Gateshead Council will arrange for an authorised veterinary surgeon/practitioner to undertake an inspection of the premises and produce a report, which the Council is legally obliged to consider when determining the application. The fee for this service is additional to the standard licence fee.

How long it takes to process an application

If we have not contacted you to make arrangements to authorise a veterinary surgeon to inspect your premises within 14 days of your application, please contact us to check that your application was correctly made and received.

Applicants are advised the application process can be fairly lengthy due to the necessity for a veterinary inspection. The council will endeavour to issue a licence within a period of 10 weeks from receipt of application, however if we have been unable to determine your application within this time a licence will not be automatically granted due to animal welfare implications.

How long a licence lasts

The period of the licence specified must be:

• three years; or
• where the applicant has requested a licence for a period of less than three years, such shorter period expiring on the date that the applicant has requested

Primate licences and conditions

(1) When granting a primate licence the Gateshead Council must:

• specify in the licence:
• the premises where the primates are to be kept
• the species of the primates, and the number of each species, that the holder of the licence is authorised to keep at the premises
• the period of the licence; and
• the period within which an application for renewal of the licence must be made to the Council; and
• attach the licence conditions to the licence. (See Schedule 1 of the Regulations)

As part of the licence conditions, you are required to ensure that you have adequate Public Liability Insurance which provides cover for the animal(s) which you have on site.

You must ensure that any policy you take out provides sufficient cover against any damage which may be caused by the animal should it escape. The level of insurance will depend on many factors which may include the species and number of animals you wish to keep.

Local authorities may authorise competent persons to enter premises either licensed under the Act or specified in an application for a licence, at all reasonable times, and producing if required their authority, and the authorised officers may inspect these premises and any primate in them.

Variation and surrender

(1) The holder of a primate licence may apply to Gateshead Council to vary the licence so as to:

• reduce or increase the number of primates of any species that the holder is authorised to keep under the licence;
• add or remove a species of primate that the holder is authorised to keep under the licence; or
• change the premises specified in the licence to other premises in the area of the same local authority.

(2) On an application under paragraph (1), the council may grant the application and vary the licence to any extent requested.

(3) Before determining whether to vary a licence under paragraph (2), the council:

• may request further information from the holder of the licence;
• in the case of an application under paragraph (1)(a) or (b), may arrange for the premises specified in the licence to be inspected by a suitable person

Death of the holder of a primate licence

(1) This regulation applies where the holder of a primate licence ("former licence holder") dies during the licence period.

(2) The licence is deemed to be granted to the personal representatives of the former licence holder.

(3) If the personal representatives do not notify the council of the former licence holder's death within the period of 28 days beginning with the date of death, the licence deemed to be granted under paragraph (2) expires at the end of that period.

(4) If the personal representatives do notify the local authority of the former licence holder's death within that 28-day period:

• the licence deemed to be granted to them expires at the end of the period of three months beginning with the date of the death of the former licence holder;
• the council may on application by the personal representatives extend the licence period for a further period of up to three months if satisfied that it is appropriate to do so in all the circumstances; and
• if before the time when the licence would otherwise expire by virtue of sub paragraph (a) or (b) any of the personal representatives applies for a new licence under regulation 6, the licence continues to have effect until the application is determined.

Powers of entry

A breach of a licence condition is to be treated as a relevant offence for the purposes of section 23 of the Animal Welfare Act 2006 (entry and search under warrant in connection with offences).

Post-conviction powers

The following sections of the Animal Welfare Act 2006 apply in relation to a conviction for an offence under regulation 14 (and are to be read as if they included a reference to a person who had been convicted of an offence under that regulation):

• section 33 (deprivation)
• section 34 (disqualification)
• section 37 (destruction in the interests of the animal); and
• section 42 (orders with respect to licences)

Offences

(1) The holder of a primate licence who fails to comply with a licence condition commits an offence.

(2) In proceedings for an offence under this regulation, it is a defence for a person to prove that they took all reasonable precautions and exercised all due diligence to comply with the licence condition.

(3) A person who commits an offence under this paragraph is liable on summary conviction to a fine.

Rectification notices

(1) If Gateshead Council having granted a primate licence considers that the holder of the licence is failing to meet any of the licence conditions, the local authority may serve a notice under this regulation (a "rectification notice") on the holder of the licence.

(2) A rectification notice must:

• state that the council considers that the holder of the licence is failing to meet a licence condition, and why
• specify the steps that the council considers that the holder of the licence needs to take to comply with the licence condition
• specify a period not exceeding two years in which those steps are to be taken ("the rectification period"); and (d) explain the effect of paragraph (3)

(3) Where a holder of a primate licence is given a rectification notice:

• no proceedings for an offence under regulation 14 may be instituted before the end of the rectification period in respect of the non-compliance which gave rise to the notice or any continuation of it; and
• if the steps specified in the notice are taken before the end of the rectification period, no such proceedings may be instituted in respect of the non-compliance which gave rise to the notice or any continuation of it prior to the taking of those steps

(4) The council may extend the rectification period, and may do so more than once, so long as the rectification period as extended does not exceed two years.

Revocation or variation of a primate licence

(1) A local authority that has granted a primate licence must revoke it if the holder of the licence is convicted of an offence under the Act.

(2) The council having granted a primate licence may also revoke or vary the licence if it is satisfied that the holder of the licence has failed to:

• comply with a licence condition
• allow access for an inspection under Part 2
• pay a fee charged under Part 2; or
• take the steps specified in the rectification notice

(3) The reference in paragraph (2) to varying a primate licence is to varying it by:

• reducing the number of any primates of any species that is authorised to be kept under the licence; or
• removing any species of primate specified in the licence

Tacit consent

Tacit consent does not apply. It is in the public interest that the authority must process your application before it can be granted. If you have not heard from the local authority within a reasonable period, please contact it using the contact details below.

Decisions relating to primate licences: representation and appeals Schedule 2 (decisions relating to primate licences: representations and appeals) has effect.

Contact us

Trading Standards
Gateshead Council
Civic Centre
Regent Street
Gateshead
NE8 1HH

0191 433 4807
[email protected]