A person who wishes to carry on the business of selling animals (or keeping animals with the intention of selling them), as pets at any premises, including a private dwelling, in the City of Newcastle must obtain a Licence from the City of Newcastle upon Tyne, issued under The Pet Animals Act 1951.
A person shall not be deemed to keep a pet shop if they only keep or sell pedigree animals which are bred by him, or are the offspring of an animal kept as a pet.
Please contact an officer at the City of Newcastle upon Tyne if you are in the business of breeding pedigree animals and in conjunction with the business, sell animals as pets that were originally acquired with a view to being used, if suitable, for breeding or show purposes, but have been subsequently found not to be suitable. In these circumstances you may be entitled for an exemption from gaining a Licence from the Council.
‘Animal' - includes any description of vertebrate.
'Pedigree Animal' - means an animal of any description which is by its breeding eligible for registration with a recognised club or society keeping a register of animals of that description.
Applicants must not have been previously disqualified from keeping a pet shop under any of the following Acts:
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.
To apply for a Pet Shop Licence, 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:
An Animal Health Officer from the Council will visit the premises to ensure that it complies 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.
For further information go to the webpage for Disposing of Animal By-Products.
A Licence shall according to the applicants requirements relate to the year in which it is granted or to the next following year. A Licence year operates from 1st January to the 31st December; however you can apply at any time during that period.
Licence holders will receive a written reminder from the City of Newcastle upon Tyne prior to the expiry of their Licence. Licences must be renewed prior to their expiry if the premises are to continue as a pet shop.
After gaining a Licence you will need to follow a set of conditions that relate to record keeping, permitted number of animals and densities, disease prevention and control and accommodation.
These conditions are based on the Local Government Association document ‘Model Standards for Pet Shop Licence Conditions’ which were formulated in conjunction with the British Veterinary Association and its Divisions (BVA), the Chartered Institute of Environmental Health (CIEH), Pet Care Trust and Ornamental Aquatic Trade Association Limited (OATA).
Please be aware that the Council can also impose additional conditions for individual premises where appropriate.
A livestock purchase and sales register must be maintained in accordance with the above conditions.
The register should be available for inspection by an authorised officer of the City of Newcastle upon Tyne or an authorised Veterinary Surgeon/practitioner.
The following offences and penalties apply to pet shops:
Where a person is convicted of any offence under the Pet Animals Act 1951 of the various offences as previously referred to, including offences under any of sections 4, 5, 6(1), (2), 7 to 9, and 11 of the Animal Welfare Act 2006 the court by which he is convicted may cancel any Licence held by him under the Pets Animals Act 1951, and may, whether or not he is the holder of such a Licence, disqualify him from keeping a pet shop for such period as the court thinks fit.
It will be important that pet shop keepers note that keepers of licensed breeding establishments must by law provide on sale to a pet shop, a dog which wears a collar with an identifying tag or badge.
The keeper of a licensed pet shop becomes guilty of an offence if he sells on a dog which, when delivered to him, was wearing a collar with an identifying tag or badge but it is not wearing such a collar when delivered to the person to whom he sells it.
An identifying tag or badge, in relation to a dog, means a tag or badge which clearly displays information indicating the licensed breeding establishment at which it was born, the date of birth of the dog, and an identifying number, if any, allocated to the dog by the licensed breeding establishment at which it was born.
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:
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 Court and they may give such directions regarding the Licence or its conditions as they think proper.
The City of Newcastle may authorise competent persons to enter premises either licensed under the Act or 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.
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.
Please complete and submit a Pet Shop Licence Application Form.
Requests for application forms can be made by emailing: tradingstandards@newcastle.gov.uk Telephone 0191 2116121.
Pet Shop Licence Application Form
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.
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.
For the implications of not having Licence under the provisions of the Pet Animals Act 1951, see the article which was published in the "Evening Chronicle" of the 9th December 2010:
Also the article which was published in the "Evening Chronicle" of the 11th January 2010:
Go to the website of the Department for Food and Rural Affairs at www.defra.gov.uk
Go to the website of the Pet Care Trust at www.petcare.org.uk
Copies of the Pet Animals Act 1951 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 Pet Animals Act 1951 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 Pet Animals Act 1951 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.
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.