Performing Animals

Do I need a Licence from the City of Newcastle upon Tyne?

A person who proposes to allow animals to perform in the City of Newcastle must obtain a Licence from the City of Newcastle upon Tyne, issued under The Performing Animals (Regulation) Act 1925.

Performing Animals (Regulation) Act 1925

The Performing Animals (Regulation) Act 1925 requires any person who exhibits or trains any performing (vertebrate) animal to be registered with a local authority.

Important Note

The established Policy of the City of Newcastle is that performing animals will not be permitted to perform on any premises or property owned or operated by the City Council.
Definitions: The term "exhibit" is defined as "exhibit at any entertainment to which the public are admitted, whether on payment of money or otherwise…"and to "train" means "for the purpose of any such exhibition".

This provision, applies to circuses and also to other situations, such as filmmaking and plays, which involve animal performances.
A person who exhibits or trains a performing animal must be registered; e.g. circuses, cabarets, film making etc.

Government Announcement on Performing Wild Animals in Circuses 

High welfare standards for travelling performing wild animals in circuses will be ensured through a strict new licensing regime, Environment Secretary Caroline Spelman annnounced on the 13th May 2011.

Any circuses in England that wish to have wild animals such as tigers, lions and elephants performing in them will need to demonstrate that they meet high animal welfare standards for each animal before they can be granted a licence to keep those animals.

Areas being considered as part of licensing conditions include:

  • the rules for transport of the animal, including how long animals can spend being transported without rest periods;
  • the type of quarters that must be provided for the animal, including the size of the quarters and the facilities provided, including winter quarters;
  • the treatment of animals by trainers and keepers, including performance and the training methods that may be used.

Caroline Spelman said:

“Most circuses choose not to feature wild animals in their shows, and I believe that most people would prefer not to see them performing in circuses.  But where circuses do choose to show wild animals, people expect those animals to be kept in the best possible conditions.

“Circuses won’t be allowed to use wild animals in their performances if they cannot meet these high welfare standards.”

The Government will consult on the standards, which will be drawn up following discussion with welfare experts and other interested parties. 

The licensing scheme will be enforced through inspections by Government-approved vets.

The Applicant

Applicants must not have been previously convicted under any of the following Acts:

  • The Protection of Animals Act 1911;
  • The Protection of Animals (Scotland) Act 1912,
  • The Protection of Animals (Cruelty to Dogs) (Scotland) Act 1934;
  • The Protection of Animals (Amendment) Act 1954;
  • Or any offence under any of Sections 4,5,6(1) and (2), 7 to 9 and 11 of the Animal Welfare Act 2006.

The Application Process

To apply for a Licence to allow animals to perform in the City of Newcastle, applicants must complete and submit an application form accompanied by the appropriate fee.

When determining the application for a Licence, the City of Newcastle upon Tyne will take into consideration whether:

  • animals will have access to suitable accommodation at all times, with regard to the size, temperature, lighting, ventilation, and cleanliness;
  • animals will be suitably fed, watered and visited at suitable intervals;
  • all reasonable precautions will be taken to prevent the spread among animals of infectious diseases;
  • appropriate steps will be taken to protect the animals in the event of a fire or other emergency;
  • anyone in contact with the animals should be made aware of any risks associated with such contact;
  • all the necessary risk assessments should have been conducted on the proposed performances to be engaged in by the animals.

A Licensing Officer from the Council will visit the premises as proposed to be used to ensure that they comply with the above. In certain circumstances a veterinary inspection may also be undertaken.

Note: You will need to consider arrangements for the disposal of waste. Go to Advice on Disposing of Animal By-products

Offences and Penalties

The following offences apply to any person:

  • not being registered exhibits or trains any performing animals; or
    being registered trains or exhibits any animal that is not registered or in a manner that has not been registered;
  • obstructs or delays a local authority officer or a police officer in the execution of his duties under the Act as regards entry and inspection;
  • conceals any animal with a view to avoiding such inspection or fails to produce a registration certificate when required to do so applies to be registered under this Act when prohibited from being registered.

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.

Powers of Entry

The City of Newcastle may authorise competent persons to enter premises specified in an application for a Licence, at all reasonable times, producing if required their authority, and the authorised officers may inspect these premises and an animal or animals in them.

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 Council will endeavour to issue a Licence within a period of 28 days, however if we have been unable to determine your application in this time a licence will not be automatically granted due to animal welfare implications.

How to Apply

Please complete and submit a Performing Animals Licence Application Form.

Requests for application forms can be made by emailing: tradingstandards@newcastle.gov.uk  or Phone 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 however, should we require the expertise of an animal specialist this may incur further costs at your expense before a Licence is issued.

Will Tacit Consent Apply?

No.  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.

Useful Links

Go to the website of the Department for Food and Rural Affairs at www.defra.gov.uk

Trade Associations

Go to the website of the Pet Care Trust at www.petcare.org.uk

Copies of the Performing Animals (Regulation) Act 1925 and other legislation mentioned on this page can be purchased from Her Majesty's Stationery Office or can be accessed at www.opsi.gov.uk

A copy of the Performing Animals (Regulation) Act 1925 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.

Please note: The information on this page has no legal force and is not an authoritative interpretation of the law, which is a matter for the Courts. It is intended to help individuals and businesses in Newcastle, wishing to be licensed under the provisions of the Performing Animals (Regulation) Act 1925 to understand in general terms, the main features of the legislation. The information is not a substitute for the legislation and you should refer to the text of the Act for a full statement of legal requirements and obligations. Where appropriate, you should seek your own independent legal advice.

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. Telephone (0191) 2116121

Last Reviewed/Updated: June 2011.