If a person keeps bitches at any premises in the City of Newcastle upon Tyne, and they give birth to 5 or more litters during a period of 12 months, they must obtain a Dog Breeding Licence. This includes bitches kept:
- by any person at the premises;
- by any relative of the person at the premises;
- elsewhere by the person;
- anywhere by the person under a breeding arrangement/contact with another person.
Legislation relevant to dog breeding includes:
- Breeding of Dogs Acts 1973 & 1991;
- Breeding and Sale of Dogs (Welfare) Act 1999;
- Breeding of Dogs (Licensing Records) Regulations 1999.
The Applicant
Applicants must not have been previously disqualified under the:
- Dog Breeding Acts of 1973 & 1999 from keeping a breeding establishment;
- Pet Animals Act 1951 from keeping a pet shop;
- Protection of Animals (Amendment) Act 1954 from having the custody of animals;
- Animal Boarding Establishments Act 1963 from the boarding of animals;
- Animal Welfare Act 2006, section 34(2), (3) or (4).
The Application Process
To apply for a Dog Breeding Licence, applicants must complete and submit an application form.
Applicants that have not previously been licensed to breed dogs at their current establishment must have the premises inspected by both a Veterinary Surgeon/Practitioner and an officer of the Council. For those applicants that have previously been granted a Licence to breed dogs, an inspection will be undertaken by either an officer of the Council or Veterinary Surgeon/Practitioner, or both.
In determining whether to grant an application for a Dog Breeding Licence, the City of Newcastle upon Tyne will take into consideration:
- whether the dogs have access to suitable accommodation at all times, with regard to the construction and size of the quarters, number of occupants, ventilation, cleanliness, exercise facilities, temperature and lighting;
- whether the dogs will be suitably fed, watered, visited and supplied with adequate bedding material;
- that all reasonable steps are in place to prevent and control the spread of infectious/contagious diseases.
- whether appropriate steps will be taken to protect the animals in the event of a fire or other emergency;
- that the dogs will be suitably cared for when being transported to and from the breeding establishment, i.e. food, drink, bedding, exercise
- that bitches are not mated if they are less than one year old;
- that bitches do not give birth to more than 6 litters of puppies each;
- that bitches do not give birth more than once in a 12 month period.
How long does the Licence last?
A Licence shall remain in force until the end of the period of one year beginning with the day on which it comes into force and shall then expire.
The day on which it comes into force is the later of:
- the day stated in the application as that on which the applicant wishes the Licence to come into force; and
- the day on which the Licence is granted.
Licence holders will receive a written reminder from the City of Newcastle upon Tyne prior to the expiry of their Licence.
In the event of death of a person who is keeping a breeding establishment for dogs at any premises under the authority of a Licence granted under this Act, that Licence shall be deemed to have been granted to his personal representatives in respect of those premises and shall remain in force until the end of the period of 3 months beginning with the death and shall then expire.
A further extension may be granted by the City of Newcastle upon Tyne if satisfied that it is necessary for the purpose of winding up the deceased’s estate and that no other circumstances make it undesirable.
What conditions will be attached to a Licence?
We are required to specify conditions which:-
(a) Require the dogs to be kept only by persons specified in the Licence;
(b) Require the dogs to be held at the premises specified in the Licence;
(c) Restrict the numbers of animals to be kept;
d) Require that all appropriate steps will be taken to secure that the dogs will be provided with suitable food, drink and bedding material and adequately exercised when being transported to or from the breeding establishment.
Note: You will need to consider arrangements for the disposal of waste.
For further information go to the webpage for Disposing of Animal By-Products.
Animal Welfare Act 2006
From the 6th April 2007 the Animal Welfare Act 2006 came into effect. It makes owners and keepers responsible for the welfare needs of their animals are met. These responsibilities include the following criteria:
- Suitable environment (place to live);
- Suitable diet;
- To exhibit normal behaviour patterns;
- To be housed with, or apart from, other animals (if applicable);
- To be protected from pain, injury, suffering and disease.
Records required to be Kept
A record must be kept by every licensed dog breeder for each breeding bitch. The Breeding of Dogs (Licensing Records) Regulations 1999 stipulate the format of records required to be kept. It is necessary to:
- provide the name of the bitch, date of birth, address where she is kept, breed, description, date of mating and details of sire;
- keep a record of any litters, including the sex of the puppies, date of birth, weight, description and total number in the litter;
- show the details of sale, namely the date of sale, name and address of who was supplied and the status of the purchaser (i.e. private owner or pet shop).
Records must be available for inspection by an officer of the Local Authority or Veterinary Surgeon/Practitioner, authorised under the Act.
Rights of Entry
Authorised officers of the Council and/or authorised Veterinary Surgeons/Practitioners may enter and inspect a Licensed boarding premises at any reasonable time.
The Breeding of Dogs Act 1991 contains a power for officers to inspect unlicensed premises in their area, if a Justice of the Peace is satisfied by information laid by officers that there are reasonable grounds for suspecting an offence under the Breeding of Dogs Act 1973.
Offences and Penalties
The following offences and penalties apply to dog breeders:
- Any person found guilty of obstructing or delaying any person in the exercise of his powers of entry or inspection shall be subject to a fine not exceeding level 3 (currently £1000);
- Any person found guilty of keeping a breeding establishment for dogs without a Licence shall be subject to imprisonment for up to three months, or to a fine not exceeding level 4 (currently £2500), or to both;
- Any person found guilty of contravening or failing to comply with any conditions of the Licence shall be subject to imprisonment for up to three months, or to a fine not exceeding level 4 (£2500) or to both.
Where a person is convicted under this Act the Court also has power to order the cancellation of the Licence to keep a breeding establishment for dogs and to disqualify such person from keeping a breeding establishment for dogs and/or from having custody of any dog of whatever description is specified in the Court's order for such period as the Court thinks fit.
The Court can make a further order in relation to any dog of the specified description that may have been in the person's custody when the offence was committed or at any time since. Such order can require the offender to deliver the dog to a specified person, and require him/her to pay for the care of the dog until permanent arrangements are made for its care or disposal. The Act provides also for the making of applications for disqualification's to be lifted. A court may, if it thinks fit, suspend the operation of any order it may make pending an appeal.
Breeding and Sale of Dogs (Welfare) Act 1999
This Act created offences in relation to the sale of dogs.
The keeper of a licensed breeding establishment is guilty of an offence if:
- he sells a dog otherwise than at a licensed breeding establishment, a licensed pet shop or a licensed Scottish rearing establishment;
- he sells a dog otherwise than to the keeper of a licensed pet shop or a licensed Scottish rearing establishment;
- rearing establishment knowing or believing that the person who buys it intends that it should be sold (by him or any other person);
- he sells a dog which is less than eight weeks old otherwise than to the keeper of a licensed pet shop or a licensed Scottish rearing establishment;
- he sells to the keeper of a licensed pet shop or a licensed Scottish rearing establishment a dog which was not born at a licensed breeding establishment, or
- he sells to the keeper of a licensed pet shop or a licensed Scottish rearing establishment a dog which, when delivered, is not wearing a collar with an identifying tag or badge.
Identifying Tag or Badge
In relation to a dog this means a tag or badge which clearly displays information indicating the licensed breeding establishment at which it was born, the date of birth, and an identifying number, if any, allocated to the dog by the licensed breeding establishment at which it was born.
How long will it take to process my Application?
If we have not contacted you to make arrangements to complete an inspection within 14 days of your application, please contact us to check that your application was correctly made and received.
The Breeding of Dogs Act 1973 requires the City of Newcastle upon Tyne to determine whether to grant such a Licence before the end of a period of 3 months, beginning on the day on which the application for the Licence is received.
How to Apply
Any application made to us for a Licence must be made by the individual(s) or body corporate who/which proposes to own and operate the Dog Breeding Establishment. The Application must:-
(a) Specify the breed of dogs to be kept;
(b) Specify the premises where the dogs will be kept;
(c) Specify whether or not the premises are wholly indoors or outdoors;
(d) Be made by a person and not disqualified from holding a Licence under the Act; and
(e) Be accompanied by a fee stipulated by us at a level sufficient to meet the direct and indirect costs involved.
Applications not complying with these requirements may not be granted.
Requests for application forms can be made by email: tradingstandards@newcastle.gov.uk Telephone 0191 2116121.
The Licence will be issued subject to compliance with the Licence conditions and payment of the Licence fee.
There is an application fee payable upon application and subject to annual renewal. However, should we require the expertise of an animal specialist this may incur further costs at your expense before a Licence is issued.
Planning Requirements
Your application for a Licence will need to consider whether planning permission is required for the proposed licensed activity. You should contact the Planning Authority via planning.control@newcastle.gov.uk or telephone (0191) 2115654 to discuss whether permission will be needed. Your application for a Licence will not be processed until the planning issue has been decided.
Right of Appeal
Any person aggrieved by a refusal to be granted a Licence or by any conditions to which a Licence is subject may appeal to the Magistrates Courts who may give such directions regarding the Licence or its conditions as it thinks proper.
Complaints
If you want to make a complaint about any dog breeding establishment, please contact us.
If you feel we have failed to provide you with good service or are concerned about the progress of your application, please telephone the Trading Standards service. The Trading Standards service will endeavour to resolve any concerns you may have.
The Council also has a formal complaints procedure.
Useful Links
Go to the website of the Department for Food and Rural Affairs at www.defra.gov.uk
Copies of the Breeding of Dogs Act 1973, the Breeding of Dogs Act 1991 and the Breeding and Sale of Dogs (Welfare) Act 1999 can be purchased from Her Majesty's Stationery Office or can be accessed at www.opsi.gov.uk
Copies of the Breeding of Dogs Act 1973, the Breeding of Dogs Act 1991 and the Breeding and Sale of Dogs (Welfare) Act 1999 can be viewed at the Trading Standards Service, Room 709, Civic Centre, Barras Bridge, Newcastle upon Tyne where you may also obtain an application form and further help or advice.
Trade Associations
Go to the websites of the Pet Care Trust at www.petcare.org.uk
The Royal College of Veterinary Surgeons at www.rcvs.org.uk
The Kennel Club at www.thekennelclub.org.uk
Contact Details
For further information or clarification please contact the:
Trading Standards Service, Regulatory Services & Public Protection, Room 709, Civic Centre, Barras Bridge, Newcastle upon Tyne, NE1 8PB.
E-mail: tradingstandards@newcastle.gov.uk. Phone (0191) 2116121
Last Reviewed/Updated: March 2011.