Agenda item

Report by Public Protection Manager.  (Attached).

The Committee considered a report by the Public Protection Manager (circulated previously) regarding proposed amendments to dangerous wild animal and zoo licensing fees.

The Public Protection Manager advised that following the approval of revised fees under the Animal Welfare (Licensing of Activities involving Animals) (England) Regulations 2018; the fees for dangerous wild animal and zoo licences were now disproportionately low and did not allow the Council to adequately recover costs. The structure of the fees currently in place did also not reflect the recent case of Hemmings v Westminster City Council and the report suggested a new part A and part B fee breakdown.

She referred the Committee to appendix A of the report, which gave a detailed breakdown of the figures using the principles of Hemmings v Westminster City Council. The proposed fees were calculated in two parts, A and B. Part A covered the direct costs associated with processing an application, with part B to be paid following the grant of a licence covered the ongoing costs associated with running the licensing function. There was also a condition that the licence would not be operational until the part B fee had been received.

She explained the fee breakdown of the new proposed fees and added that there were no licences for dangerous wild animals in place at the current time. However, there were three licensed zoos within the North Devon area. These were Ilfracombe Aquarium, Combe Martin Wildlife and Dinosaur Park and Exmoor Zoo. She added that in calculating the fees, consideration had been given to zoos with and without dispensation. Section 14 of the Zoo Licensing Act 1981 provided the Secretary of State with powers to relax the requirements of the Act for a small zoo or one exhibiting only a small number of different kinds of animals.

In response to a question, she advised that if a business was sold the licence was transferrable under some circumstances.

RESOLVED:

(a)               the Licensing Committee considered the draft fees for zoo licences and licences for keeping dangerous wild animals at Appendix One;

(b)               that the Public Protection Manager consult the licensed community (three licensed zoo premises) and others by way of the Council’s website, given that the proposed increases were substantial. Members noted that the figures provided in respect of the necessary tasks required were conservative and officer rates with on-costs were fixed. As such the response of the consultees only had a limited impact, given the rigid formula for the calculation of fees. A possible suggestion from the licensed community was that some level of fee subsidy be imposed whilst fees were increased more incrementally over a set period. Members further noted that there was sufficient time to consult zoo licence-holders. The next zoo licence-holder anticipated to apply for renewal was likely to make their application between September and December 2019 and therefore consultation would not impact on the Council’s ability to recover costs, if fees were to be increased; and

(c)                that the Public Protection Manager report on the results of the consultation in order that a recommendation could be made to Executive and Full Council for the approval of a revised set of fees for zoo licences and licences for keeping dangerous wild animals.

The Committee thanked the Public Protection Manager for a comprehensive report.