The Latest Information On Open Shows
The application of the Pet Animals Act 1951 (the 1951 Act) to Pet Fairs (including any Fish Shows) has been affected by last year’s High Court judgement of a judicial review.
The judicial review decision was of a decision by Staffordshire Borough Council to issue a licence, made under the 1951 Act, to the organisers of a Pet Fair (an Open Show). The judgement made was that a licence, made under the 1951 Act, could not be issued to the organisers of such events, because
(1) the event was considered to be one where pet animals (Fish) would be sold as part of a business at stalls in a market,
(2) and even if the event had not considered to be as (1) above, it would require licences to be issued to every business (ie, stall holder) rather than the event organiser.
In respect of point 1, it is an offence under Section 2 of the 1951 Act to sell pet animals as part of a business from a stall or barrow in a market. In respect of point (2), licences can only be issued to those people who are in the business of selling pet animals.
The decision effectively means that local authorities cannot issue licences, under the 1951 Act, to organisers of Pet Fairs, where such events include the selling of pet animals as part of a business.
Pet Fairs (Open Shows) where there is either no selling of animals, or where there is and it is only carried out by hobbyists disposing of excess stock, can still take place without the need for a licence.
The proposal from the Government now is the prohibition on the selling of animals as part of a business at Pet Fairs (Open Shows) with three exceptions:
- 1) Koi Shows
- 2) Pigeon Shows and
- 3) Poultry Shows.
The licences will be issued under new regulations to be made under the Animal Welfare Act 2006.
It is currently planned for regulations to be in place in 2008. It is also proposed to continue to allow Pet Fairs (Open Shows) to take place without the need for a licence where there is no selling of animals or, where there is, it is only carried out by hobbyists.
So, as you see, there is no change at present. However, when work begins to develop the 'Pet Fairs' issue in secondary legislation we shall have to wait and see what the proposed regulations are, and what conditions will have to be met in order to obtain a licence, and whether this will mean inspections by the local authority and, if so, when these will take place?
Of course this will still only apply if the selling of animals is to be carried out as a business. If there is either no selling, or if there is, it is only to be carried out by hobbyists then there should be no requirement for a licence.
We are not aware of any problem, or confusion with any other Societies at present in understanding the law as it is currently being applied to Pet Fairs (Open Shows).
Bob Esson & Dick Mills.
