I am proposing a member's bill in the Scottish Parliament to better protect the welfare of pets sold in pet shops.
The aim of the proposed bill is to reform the current law regulating pet shops in Scotland to set out a stronger licensing framework.
Research has shown that the current Act, the Pet Animals Act 1951, is outdated, leading to issues with enforcement and interpretation and it appears that the legislation is being inconsistently applied.
This proposal addresses measures that fall to the local authority in their role as the pet shop licensing authority and seeks to ensure that all local authorities maintain a high standard of inspection and enforcement.
Key weaknesses of the current regime under the Pet Animals Act 1951 are that:
- It provides no guidance on how to set licence fees. A range of different approaches are taken, with no certainty that they are covering the costs of a rigorous application and inspection regime.
- When issuing a licence a local authority must have regard to a number of specific welfare needs, but licensing officers are not required to have any animal welfare specific training and there is only very general statutory guidance for the imposition of licence conditions.
- Local authorities are given the power to inspect licensed premises, but given no instruction on how to deal effectively with non-compliance.
- A local authority can refuse a licence on application, but cannot revoke one once in place. Currently the only option is to initiate criminal proceedings, which can then lead to a licence being cancelled.
A more robust framework would provide local authorities with clarity in relation to their duties and a more consistent approach would allow for comparisons to be drawn across Scotland. It would also put them in a position to take a more preventative approach, empowering them to take action before a serious welfare concern arises.
To down load the consultation please click here
Please note the consultation closes on 18th June 2018.
Responses to the Consultation
Individual responses
1. Seonaid Knox (ID78130196)
2. Angela Gallagher (ID78719484)
3. Crawford Matthews (ID79558555)
4. Angela Cook (ID81519389)
5. Fraser Gilchrist (ID84994322)
6. Anonymous (ID87673499)
7. Anonymous (ID79735318)
8. Anonymous (ID79755170)
Organisation responses
1. Orkney Island Council (ID78428914)
2. Aberdeen City Council (ID79030732)
3. South Ayrshire Council (ID85719492)
4. Edinburgh Dog and Cat Home (ID85176483)
5. North Lanarkshire Council (ID84064012)
6. Fishkeeper8LLP (ID86664921)
7. South Lanarkshire Council (ID87084499)
8. Fife Council (ID87298818)
9. Renfrewshire Council (ID87663603)
10. British Killifish Association (ID87665813)
11. Rabbit Welfare Association and Fund (ID87755086)
12. Perth and Kinross Counci (ID87841135)
13. Scottish SPCA (ID87843905)
14. West Lothian Council (ID87875129)
15. Ornamental Aquatic Trade Association (ID87911838)
16. Wrights for Pets Ltd (ID87931778)
17. Blue Cross (ID88068070)
18. Cats Protection (ID88093116)
19. The Pet Industry Federation (ID88030316)
20.Reptile & Exotic Pet Trade Association (ID88176719)
21. Battersea Dogs & Cats Home (ID88248041)
22.The Kennel Club (ID87877571)
23. Advocates for Rabbit Welfare (ID87503156)
24. East Ayrshire Council (ID88241099)
25.East Lothian Council (ID88256259)
26. Dogs Trust (ID88260376)
27. OneKind (ID88279704)
28. JOINT BVA Scottish branch, BSAVA and BVZS
29. The Law Society of Scotland
30. Highland Council
31. Scotland for Animals
32. Peta UK
33. Society of Chief Officers for Trading Standards Scotland - Animal Health and Welfare Strategy Group
34. Anonymous (ID79167780)