Animal Protection Agency

[levinas]

Following the court case involving the sale of own bred leopard geckos that lead to a successful prosecution and £3k fine and costs, a request to APA for clarification allegedly elicited the response that, in the UK, 'If you bred and then sell those own bred animals to a person not personally known to you, and you do so without acquiring a pet shop licence, then you are committing an offence.' If this is now the case, I can see it being problematic for hobbyist keepers of all animal types.

Has anyone else any information on the legalities of sales of own bred animals, particularly those deemed exotic ?

 

[oceanblue]

I'm unsure of all the legalities but the "Animal Protection Agency" is not a government agency but a private limited company and associated charity. They campaign against the keeping of reptiles and have made over the top claims in leaflets ASA Adjudication on Animal Protection Agency Ltd - Advertising Standards Authority

http://www.asa.org.uk/Rulings/Adjudications/2012/5/Animal-Protection-Agency-Ltd/SHP_ADJ_136234.aspx

 

[levinas]

Thanks, I was under the erroneous impression that they were a government backed quango.

 

[xxianxx]

'If you bred and then sell those own bred animals to a person not personally known to you, and you do so without acquiring a pet shop licence, then you are committing an offence.' If this is now the case, I can see it being problematic for hobbyist keepers of all animal types.

Has anyone else any information on the legalities of sales of own bred animals, particularly those deemed exotic ?

As ocean blue said, the APA are anti exotics, they make many spurious statements. You can sell any animal you breed yourself without a pet shop licence, if you sell anything you haven't bred yourself you need to get one. A number of local councils went through a phase of handing out on the spot fines to people selling animals, if anybody is harrased by a council employee in this matter tell them to get stuffed as they are acting outside of the law, same goes for the rspca, those clowns try to bully people into handing animals to them, they have no right of entry, no legal powers etc but you will see them on tv giving people a legal caution which they have no remit to do. I think the guy who got fined was deemed to be running a business which made it illegal for him to sell at sware.

 

[caleb]

The 'pet shop licence' issue was dicussed here a while ago:

http://www.caudata.org/forum/f46-be.../81844-license-required-sell-axolotls-uk.html

The 1951 Pet Act says "a person shall not be deemed to keep a pet shop by reason only of his keeping or selling pedigree animals bred by him, or the offspring of an animal kept by him as a pet"- so there's no need to have a pet shop licence to sell any animals produced by the pets you keep.

However, if you were to keep animals solely for the purpose of breeding them & selling the offspring, they would no longer be regarded as pets, and you would need a licence.

This is what the leopard gecko prosecution was about- the guy involved was accused of being a commercial breeder, rather than a hobbyist selling surplus offspring:

Newport City Council Brings Landmark Prosecution Against Reptile Dealer -- BRIGHTON, England, April 30, 2014 /PR Newswire UK/ --

 

[xxianxx]

However, if you were to keep animals solely for the purpose of breeding them & selling the offspring, they would no longer be regarded as pets, and you would need a licence.]

I would disagree on this point. I started an amphibian breeding business last year, I was informed by trading standards that I only required a pet shop licence if I was selling animals I hadn't bred myself, even if I was selling on a commercial basis.

 

[oceanblue]

My reading of the Pet Animals Act 1951 Pet Animals Act 1951 is that it governs a number of situations, and the need for a pet shop licence is separate and distinct from the offence here which was a breach of clause 2 "
2 Pets not to be sold in streets, &c.

If any person carries on a business of selling animals as pets in any part of a [F2street][F2road] or public place, [F3or] at a stall or barrow in a market, he shall be guilty of an offence. "

In law every word is vital, in this case he was judged to be carrying on a business selling animals as pets at a stall in a market.

The part of the act about the need or not for a pet shop licence is different, if he were only selling the offspring of an animal kept by him as a pet then no licence is required. The HMRC definition of business which seems to be used by the courts is intention to trade for profit, a pet shop licence has nothing to do wth the offence here.

 

[oceanblue]

More on "The Animal Protection Agency Foundation" From the trustees report at the Charities Commission:

The Animal Protection Agency Foundation works closely with International Animal Rescue (IAR) on various projects and is part of ENDCAP, a European coalition of wildlife groups and experts whose remit focuses on animal and environmental issues associated with the keeping of wild animals in captivity for human entertainment.

Their views on the future are here in a written submission to Parliament: House of Commons - Environment Audit Committee: Written evidence submitted by the Animal Protection Agency

 

[caleb]

a pet shop licence has nothing to do wth the offence here.

Yes, having re-read the press release, I agree.