AGENDA ITEM NO. 14

REPORT TO:Executive Board

REPORT NO:CHPPO/13/09

DATE:3 February 2009

LEAD MEMBER:Councillor David A Bithell

(Environment and Transport)

LEAD OFFICER:Chief Housing and Public Protection Officer

CONTACT OFFICER:Kevin Jones (Tel: 813766)

SUBJECT:Enforcement of the Animal Welfare Act 2006

WARD:N/A

1.PURPOSE OF THE REPORT

1.1This report provides information for members on the role and responsibilities of Wrexham County Borough Council for Animal Health and Welfare under the provisions of the Animal Welfare Act 2006, and highlights the implications of a recent Equine Welfare Investigation

2.INFORMATION

2.1The Animal Welfare Act 2006 came into effect in Wales on 27 March 2007. It is considered to be the most significant animal welfare legislation for nearly a century bringing together and modernising provisions relating to farmed and non farmed animals.

2.2The Act is intended to:

  • Reduce animal suffering by enabling preventative action to be taken before suffering occurs
  • Place on people responsible for domestic and companion (pet) animals a duty requiring them to do all that is reasonable to ensure the welfare of their animals.
  • Extend the existing power to make secondary legislation to promote the welfare of farmed animals to non farmed animals, bringing the legislation for non farmed animals in line with that for farmed animals.
  • Deter persistent offenders by strengthening penalties and eliminating many loopholes in the current system. For example those causing unnecessary suffering to an animal will face up to 51 weeks in prison, a fine of up to £20,000 or both.
  • Simplify the legislation for enforcers and animal keepers by consolidating over 20 pieces of legislation into one.
  • Extend to companion animals welfare codes that are a mechanism currently used to provide guidance on welfare standards for farmed animals.
  • Strengthen and amend current offences relating to animal fighting.
  • Increase the effectiveness of law enforcement for animal welfare offences.
  • Increase from 12 to 16 the minimum age which a child may buy an animal and prohibit the giving of pets as prizes to unaccompanied children under the age of 16.
  • Ban mutilation of animals with certain specified exemptions.

2.3The new Act is a ‘common informers act’ meaning that everyone can bring a prosecution for an offence. The responsibility for enforcement on a day to day basis has not changed significantly. The RSPCA continue to investigate offences, particularly in relation to domestic animals, and to prosecute offenders. Officers from Trading Standards and Animal Health Officers from the Animal Health Agency continue to take the lead on enforcement in relation to farmed animals. The Police are only likely to be involved in the most serious of welfare cases or issues of public disorder. Further provisions relating to the licensing of boarding kennels and riding establishments may become operative at a later date from the publication of additional legislation and codes of practice.

2.4There are new powers in the Act available to local authorities to protect animal welfare. The new provisions will assist officers currently involved in animal welfare duties, including licensing, empowering them to act to prevent animal suffering as opposed to dealing with a case after it has occurred. The powers conferred by the 2006 Act include:-

  • The power of entry to premises where it is suspected that there is an animal in distress, other than to any part used as a private dwelling. Reasonable force may be used where it is not possible to delay long enough to obtain a warrant.
  • The right to apply for a warrant allowing access to domestic parts of the property, certain conditions must be satisfied in order to obtain a warrant.
  • The power to order the destruction of an animal where this is needed to alleviate its suffering (in certain circumstances it is not necessary to wait for a veterinary surgeon to attend).
  • The power to seize an animal for example to take it for treatment or simply to remove it from conditions where it is likely to suffer.
  • The power to stop and detain vehicles (when accompanied by a Police Constable) to search for animals that may be in distress or otherwise suffering.
  • The ability to apply to a court for a decision on the future of any animals seized, for example, magistrates can order the transfer of ownership or destruction although the owner can also apply to have them returned.
  • The discretionary power to serve an Improvement Notice for failure to comply with the welfare provisions of the Act. There is no offence for failure to comply with the Notice but prosecution is an option where the welfare problem still exists after expiry of the notice (this could be used to improve conditions for animals in premises which are licensed such as pet shops, along with the threat of licence withdrawal). An Inspector (that is a person authorised by the local authority to carry out duties under this Act) shall not be liable in any civil or criminal proceedings for anything done whilst carrying out their function, if the court is satisfied that the act was done in good faith and there were reasonable grounds for doing it. The local authority has the power to prosecute any offences under this Act (if they so wish) within the time limit detailed in the legislation.

Welsh Assembly Government Grant

2.5The Welsh Assembly Government has made £1 million per annum available in Wales to provide a baseline service in every local authority area initially by means of a grant issued under Section 31 of the Local Government Act. There are specific conditions requiring it to be used for animal welfare purposes. Of this, £700,000 is being distributed to local authorities on a population basis, £200,000 is available for special project work on animal health and welfare and £100,000 is being retained for production of resource material.

2.6It is likely that similar funding arrangements will continue in 2009/10 subject to a satisfactory outcome from the previous year with the proposal to include baseline funding via the rate support grant in 2010/11.

2.7The allocation to Wrexham County Borough Council for 2008/09 is £27,924 and consequently an additional post of Companion Animal Welfare Officer has been created to provide the baseline service that WAG requires and includes:

  • Assessment of number of non agricultural and non domestic premises (eg livery yards, animal sanctuaries) and keepers affected by the Act.
  • Information about levels of compliance at the above premises
  • Facilitating an Animal Welfare Forum within the region.
  • Adopting a memorandum of understanding with the Wales Animal Welfare Network including RSPCA, to clarify enforcement roles and avoid duplication.
  • Development and delivery of a joint educational/awareness plan with key animal welfare organisations.
  • Enforcement of breaches of the Act in accordance with current enforcement policies.

Special Projects

2.8Individual local authorities can bid for up to £15,000 per authority to add value to the baseline service outlined above. Projects should be targeted towards issues of local concern relating to animal welfare and for the purposes of:-

  • Resolving a local/regional animal welfare problem
  • Obtaining evidence to inform future policy development
  • Developing best practice

2.9Local Authorities may also join together to make bids for larger amounts up to a maximum of £45,000 i.e. three authorities.

2.10The counties of Wrexham, Denbighshire and Flintshire have identified horse ownership and husbandry as an area of local concern. This was evidenced by the recent high profile prosecutions taken by both Wrexham and Denbighshire County Council involving a multi-agency approach to large scale horse neglect. This project will be a comprehensive survey to look at all issues associated with horse ownership in the North East Wales area including:-

  • Stabling/location
  • Feeding/diet/nutrition
  • Horse passports
  • Export
  • Transportation
  • Breeding
  • Information/support and training for owners
  • Where necessary enforcement action to ensure standards are raised
  • The development of a Wales wide contingency plan for dealing with multiple horse neglect issues.

2.11Wrexham County Borough Council are leading on this project and, after the submission of a comprehensive project plan which will deliver the project over a three year period, the authority has been awarded £45,000 in the first year to deliver the project. Part of the funding has been used to create an additional post of Equine Welfare Officer who has specialist knowledge of equine issues and can deliver the project and work in conjunction with the Companion Animal Welfare Officer on baseline service issues.

Equine Welfare

2.12As stated in 2.3 above the responsibility for enforcement on a day to day basis has not changed significantly as the RSPCA continue to investigate offences relating to domestic animals, Trading Standards/Animal Health Officers continue to take the lead on enforcement in relation to farmed animals. However the Companion Animal Welfare Enhancement Scheme recognises that there are a number of enterprises/premises which fall between these two areas of enforcement activity. Often these premisesfall into the non-agricultural and non-domestic sector and enforcement responsibility falls upon local authority animal health and welfare officers.

2.13A recent prosecution taken by Wrexham County Borough Council against a local woman who hoarded/dealt in horses illustrated the considerable expense and staff resources associated with this type of investigation. The external costs to the Authority were approximately £88,000 and included the livery costs for seized horses along with veterinary care etc, with internal investigation costs and legal costs totalling approximately £22,000.

2.14Equinesare considered as both companion animals and in some circumstances non domestic/farm animals. A subjective judgement needs to be made as to whether the premises where these animals are kept are regarded as non-agricultural non- domestic premises. Factors to take into consideration are:

  • Number of horses
  • Reason for accumulation of horses on the premises
  • Whether the horses are kept in pursuance of any commercial enterprise eg breed, racing, livery etc
  • Any history of dealing in horses
  • Whether any other commercial activities associated with horses takes place on the premises.

2.15The recent economic downturn is likely to see an increase in animal welfare complaints as all animals and horses in particular can prove costly and when incomes are reduced there may be a temptation to compromise on animals welfare needs.

3.RECOMMENDATIONS

That the report be noted.

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