The 1999 Act amends the definition of a breeding establishment in the 1973 Act.
A breeding establishment is defined as any premises where the business of breeding dogs for sale is carried on.
A person will be presumed to be carrying on the business of breeding dogs for sale where during any twelve month period five or more litters are born to his/her bitch or bitches which are:
a) Kept by him/her at any premises during any period of 12 months
b) Kept by any relative of his at those premises
c) Kept by him/her elsewhere; and
d) Kept by any person under a breeding arrangement with him/her.
Premises must be inspected by a council officer and a vet prior to the issuing of a licence. A breeding establishment means any premises where more than two bitches are kept for the purposes of breeding for sale of their offspring.
Applications for a licence must be made to the Local Authority and a licence may be issued if the applicant is not disqualified under:-
Animal Boarding Establishments Act 1963
The Breeding of Dogs Act 1973 and 1991, Breeding and Sale of Dogs (Welfare) Act 1999
The Pet Animals Act 1951
The Protection of Animals Act 1911and 1954
The Protection of animals (Cruelty to Dogs) (Scotland) Act 1912
Animal Welfare Act 2006
There is an application fee which must be paid at the time of application. Where a licence is granted, that licence and any subsequent licences will expire on the 31st December of the year to which the licence relates and must be renewed before that date if the premises are to continue as a dog breeding establishment. An application form can be downloaded from the bottom of this page.
Before being granted a licence, the applicant must be able to demonstrate to the council officer's satisfaction that:
A licence may be refused or withheld on other grounds if those grounds are such that conditions are not suitable for the breeding of dogs.
Each licence is subject to standard conditions that are imposed on all dog breeding establishments licensed by the council.
In addition to the standard conditions, a licence may also contain special conditions that are only applicable to your premises.
Any person aggrieved by a refusal to be granted a licence or by any condition to which a licence is subject, may appeal to the magistrate's court.
The following offences apply to the breeding of dogs:
If found guilty under this Act, the defendant's licence may be cancelled and the person may be disqualified from keeping a dog breeding establishment for such length of time as the court thinks fit.
A copy of the Breeding of Dogs Act can be viewed here. To apply for a Dog Breeding Establishment Licence, please download the application form from the Related Documents below.