The Zoo Licensing Act 1981
- What is the Zoo Licensing Act?
- How does it work?
- What does it cover?
- EC Zoos Directive
- Government Circular 02/2003
- Update to Circular guidance - llama and alpaca
- Guidance for zoos on CITES Article 60 Certificates
- Zoo Licensing Act application forms
- The Secretary of State's Standards of Modern Zoo Practice
- Keeping of cetaceans
- Managing Health & Safety in Zoos - New Guidance
- Zoos training seminars
- List of zoos operating in England (November 2006)
- Zoo licensing and the Animal Welfare Act
What is the Zoo Licensing Act?
The Zoo Licensing Act 1981 came into force in 1984. The Act requires the inspection and licensing of all zoos in Great Britain. The Act aims to ensure that, where animals are kept in enclosures, they are provided with a suitable environment to provide an opportunity to express most normal behaviour.
The Zoo licensing Act (Amendment) (England and Wales) Regulations 2002 amend the Zoo Licensing Act 1981. The amendment Act gives force to European Council Directive 1999/22/EC, which deals with the keeping of wild animals in zoos. The Regulations have force of law from 8 January 2003 and are available from the Stationery Office. See news release 7/03.
How does it work?
Responsibility for the day-to-day operation of the licensing system and the administration of the Act rests with local authorities (usually the Environmental Health Department). However Central Government does have a role. The Secretary of State for Environment, Food and Rural Affairs has responsibility for maintaining a list of zoo inspectors and for setting detailed standards for zoo management with which zoos are expected to comply (the Secretary of State's Standards of Modern Zoo Practice). Following devolution the Scottish Executive and the National Assembly for Wales have taken on these responsibilities in their respective countries.
The Secretary of State has a two-part list of inspectors which he can call on to inspect the zoos. The first part contains names of veterinary surgeons and veterinary practitioners who have experience of zoo animals. The second part lists persons who are competent (in the Secretary of the State's opinion) to inspect animals in zoos, to advise on their welfare and to advise on general zoo management issues. Inspectors' expenses are paid by the licensing authority, and recharged to the owner of the zoo.
Defra has drawn up a mission
statement
(13 KB) for the Zoo Inspectorate, agreed with the Zoos Forum, setting
out its role.
Defra has drawn up a form (ZOO 4) for use by local authorities to enable them to provide feedback on inspectors following a zoo inspection.
What does it cover?
A zoo is defined in the Act as being 'an establishment where wild animals are kept for exhibition ... to which members of the public have access, with or without charge for admission, seven or more days in any period of twelve consecutive months'.
The wide scope of this definition means that licensed zoos range from traditional urban zoos and safari parks to small specialist collections such as butterfly houses and aquaria. The Act recognises this wide range of establishments by allowing dispensations to be granted for small zoos. Dispensations for these types of collection reduce the number of inspectors to a reasonable level for a small establishment, and do not in any way weaken a zoo's obligation to achieve the levels of animal welfare and modern public safety set out in the Secretary of State's standards. The Act does not extend to circuses, or to pet shops, both of which are covered by other legislation.
EC Zoos Directive
In June 1998, the Council of EC Environment Ministers agreed proposals drawn up by the UK Presidency for an EC Zoos Directive aimed at strengthening the conservation role of zoos. The Directive entered into force on 9 April 1999 and requires all Member States to set up national systems for the licensing and inspection of zoos.
The Zoo Licensing Act 1981 already implements many of the measures in the Directive such as the provision of proper accommodation and care for the animals; keeping up-to-date records and taking appropriate measures to prevent escapes. But the requirements that zoos participate in conservation and education activities is new. Although most zoos already do this, now that the legislation is in place, it has become a statutory requirement.
The Government's view is that well-managed zoos can play an important role, both in educating the public about wild animals and their habitats, and through participating in activities which help conserve and protect threatened wildlife.
Zoo organisations have put together a conservation strategy, published in 2005, looking at how zoos worldwide can contribute to conservation. This strategy can be found on the website of the World Association of Zoos and Aquariums:
Following devolution Scotland, Wales and Northern Ireland have introduced their own legislation to ensure the full provisions of the Directive are implemented in their respective countries. The Scottish introduced their legislation on 1 April 2003, the Welsh on 22 April 2003 and the Northern Irish on 31 March 2003.
Government Circular 02/2003
Following the amendment of the Zoo Licensing Act 1981 giving force to the EC Zoos Directive in England, this Circular has been produced with the aim of dealing with the new measures that fall to the local authority in their role as the zoo licensing authority. It also incorporates and replaces the guidance contained in Department of the Environment (DOE) Circulars 5/84 and 11/88.
You can download an electronic copy of the Government
Circular 02/2003
(200 KB). If you require a hard copy please contact: Tom Adams, Wildlife
Species Conservation Division, Department for Environment, Food and Rural
Affairs, Zone 1/10, Temple Quay House, 2 The Square, Temple
Quay, Bristol BS1 6EB. Tel: 0117 372 8209 or email: zoos.branch@defra.gsi.gov.uk.
Update to Circular guidance - llama and alpaca
In October 2004, Defra revised its guidance to local authorities on coverage of llamas and alpacas under the Zoo Licensing Act 1981.
Following consultation with the Zoos Forum, the Department's updated guidance is that llama and alpaca are no longer considered to be "wild animals" for the purposes of the Zoo Licensing Act 1981. Rather they are considered to be "normally domesticated in Great Britain". This effectively means that animal collections in England comprising these species only (or these species and other domesticated animals only) are no longer subject to the zoo licensing regime and do not require licensing under the 1981 Act. The decision was largely on the basis that these are truly domesticated species and are now kept and farmed in this country in significant and increasing numbers.
It is very difficult to determine a meaningful threshold for when a species can be considered "normally domesticated" but, the Department wished to reach a reasonable view taking into account the aims of the zoos legislation. There is not a wide read-across to other species and the issue will always need to be assessed on a species-by-species basis.
This amends the guidance in Annex E of Government Circular 02/2003 on the Zoo Licensing Act 1981, which lists llamas and alpacas as being considered to be "not normally domesticated in Great Britain" and hence "wild animals" subject to the zoo licensing regime.
In October 2004, Defra wrote to all local authorities in England to make them aware of this update to the guidance and to request that they have regard to it in their implementation of the Act."
Guidance for zoos on CITES Article 60 Certificates
Below is a link to two documents which provide information for zoo operators who display and trade CITES Annex A species. The first document explains the possible overlap between CITES Article 60 (formerly Article 30) inspections and zoo licensing inspections and provides details of where you can find out more information. The second document, guidance note 12 (GN12), explains more fully the requirements for applicants requiring Article 60 certificates and takes you through the application process.
- CITES Article 60 inspections and zoo licence inspections
[21 KB] - GN12
[69 KB]
Zoo Licensing Act application forms
Below is a link to some documents that may be useful to local authorities in administering the Zoo Licensing Act 1981 (as amended). The first 4 documents are notices of intention to apply for a zoo licence (press and local authority), an application form for a new licence, and an application form for renewal of an existing licence. Also included are the mandatory conditions now required on all zoo licences under section 1A of the Act and some discretionary conditions that local authorities may also consider useful to add to a zoo's licence. Please note that these licence conditions can be found in the Government Circular 02/2003, but this website version of Annex C 'Discretionary conditions commonly attached to licences' has an additional suggested condition relating to stock lists that does not appear in the version in the circular.
The Secretary of State's Standards of Modern Zoo Practice
The Secretary of State issues guidance of standards of practice that zoos should meet. The Standards are underpinned by five key principles that require zoos to provide suitable accommodation that allows the animals opportunity to express most normal behaviour. The Standards also require zoos to provide their animals with proper healthcare and protection from fear and distress.
These Standards apply in England. Zoo Inspectors carrying out inspections are required to take account of the Standards in undertaking zoo inspections and making their recommendations to local authorities on whether to grant a zoo licence under the Zoo Licensing Act 1981 (as amended by The Zoo Licensing Act 1981 (Amendment) (England and Wales) Regulations 2002).
The Standards were last updated on 13 September 2004 drawing on advice from the Zoos Forum.
This revision is published as separate, dated sections to be kept within a ring bound folder. This change in format is to allow updates to be made to the relevant sections as and when they are needed, without the need to re-publish the entire document. Any new updated sections will be published on the Defra website for download.
If you wish to order a copy of the document please contact: Tom Adams, Wildlife Species Conservation Division, Department for Environment, Food and Rural Affairs, Zone 1/10, Temple Quay House, 2 The Square, Temple Quay, Bristol BS1 6EB. Tel: 0117 372 8209 or email: zoos.branch@defra.gsi.gov.uk.
Alternatively you can download a copy:
Keeping of Cetaceans
The current guidance on keeping cetaceans in the UK was published over 20 years ago as a supplement to the Secretary of State's Standards of Modern Zoo Practice (SSSMZP). The Zoos Forum have proposed to revise the guidance and include it as an appendix to the SSSMZP.
The draft guidance will be subject to a public consultation exercise adhering to the Cabinet Office Code of Practice on Consultations. Those consulted will include local authorities, zoo stakeholders and relevant and interested Non Governmental Organisations. The standard period for government consultation exercises is 12 weeks. After the 12 week consultation period, the guidance will be amended where appropriate and cleared with Ministers prior to publication.
Managing Health & Safety in Zoos - New Guidance
The Health & Safety Executive (HSE) has recently withdrawn the Approved Code of Practice on Zoos and replaced it with new guidance on the managing of health and safety in zoos. The document is available as a download document only and copies can be downloaded from the HSE website by clicking on the link below:
Zoos training seminars
September 2006
The 2006 Zoo Training Seminar was held over a day and a half (4 and 5 September) at Lincoln University. It was our largest seminar to date with some 140 delegates attending. Delegates consisted of Zoo Inspectors, Local Authority Environmental Health Officers and Zoo Operators. The seminar was organised and run by Defra and the Zoos Forum.
The programme of workshops for the event focussed on the following topics:
- Local authority responsibilities under the Act
- Zoo conservation benchmarks
- Zoo education requirements
- Defra's role in Zoo Licensing
- General discussion sessions
This report sets out the content of the presentations and workshops, and also the views of delegates. It does not necessarily reflect the views of the Department.
September 2004
In September 2004, Defra and the Zoos Forum hosted a 2 day training seminar in Lancaster. The programme, which consisted of a series of workshops, focused on:
- Local Authority responsibilities under the Act, including use of licence conditions
- Enrichments and assessment of animal welfare
- Health and safety in zoos, including non-touch barriers and walk through exhibits.
- Opportunities for zoos to participate in conservation
The workshop format allowed lots of opportunity for discussion and participation, and encouraged delegates to contribute.
This report sets out the content of the presentations and workshops, and also the views of delegates. It does not necessarily reflect the views of the Department.
June 2004
In June 2004, Defra hosted a training seminar for zoo inspectors in Bristol. Its primary purpose was to consider implications of changes to the zoo licensing and inspection regime resulting from recent introduction of EC Zoos Directive, primarily in relation to the new conservation and education requirements.
The seminar aimed to help to develop common understanding of the legislation and also provided a valuable opportunity for Zoo Inspectors to share experiences, have a general discussion on the issues facing the Inspectorate and to raise issues with Defra.
June 2002
The inaugural Zoo Inspectors Training Seminar was held over the weekend of 5-7 April 2002 at Bath University. The seminar focused on the Secretary of States updated standards of modern zoo practice. The aim was to allow delegates to discuss issues of interpretation and application of the standards to aid consistency of approach.
List of zoos operating in England
This list of zoos is based on information supplied by local authorities. Please note that Defra cannot guarantee that the information recorded will be absolutely complete or up to date. The intention is that this list will be reviewed annually.
Zoo licensing and the Animal Welfare Act
In addition to the requirements of the Zoo Licensing Act, vertebrate animals kept in zoos will also be subject to protection under the Animal Welfare Act although the Zoo Licensing Act will remain the primary piece of legislation to regulate zoos. Furthermore, the Secretary of State's Standards of Modern Zoo Practice, which already provides guidance on best practice standards for the welfare of zoo animals, will also provide practical guidance in respect of provisions made by or under the Animal Welfare Act. The Secretary of State's Standards of Modern Zoo Practice is also supplemented by the Zoos Forum Handbook which provides further detail and guidance. Chapter 4 of the handbook in particular deals with Animal welfare and its assessment in zoos .
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Page last modified: 16 November 2007
