Licensing - dog breeding establishments

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• Dog breeding licence

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In an attempt to further control breeding from premises commonly known as 'puppy-farms', the law was amended by the Breeding and Sale of Dogs (Welfare) Act 1999 which came into force on 30 December 1999.

To determine whether a licence is needed, the starting point is the identification of a dog breeding business. Anyone carrying on a dog breeding business will normally be regarded as needing a licence, regardless of the number of litters involved.

However, parliament did not intend that the legislation be used to require hobby breeders to be licensed, even if they sold puppies, and to this end a person is presumed to be carrying on a business if, in a 12 month period, any number of their bitches give birth in total (ie collectively) to five litters or more.

Bitches owned by different people and kept at different locations, may be considered to be one business if, for example, they are part of the same company or family. Therefore, a number of people working together cannot evade the licence requirements by claiming to own different dogs and at different locations. This catch-all was introduced to stop puppy-farm breeders in rural areas keeping different dogs at different locations and in different ownerships and then claiming that they are separate small enterprises.

One extension to all of this is that the law primarily relates to the carrying on of a business. Therefore we may decide that a person whose bitches produce less than five litters per year needs a licence if we felt they were quite clearly rearing dogs for commercial gain on a business footing. For the vast majority of cases, however, it is felt that the "litter test" of 5 litters per year will be the relevant issue.

A few relevant points to note regarding the licence are:

• Bitches are not to be mated until they are at least 12 months old.
• No bitch is permitted to have more than six litters in total.
• Bitches must not give birth to puppies within 12 months of producing a previous litter.
• All first time licences must involve the inspection of the premises by a vet and ourselves.
• Subsequent inspections may be by ourselves alone though we may call a vet if we feel the need to.
• A licensed breeder must not sell a dog to a member of the public if he/she believes that person will then sell the dog on to another individual.
• Dogs must not be sold under eight weeks of age other than to a licensed pet shop.
• Dogs must at all times be kept in suitable accommodation with regard to construction, size of quarters, number of occupants, exercising facilities, temperature, lighting, ventilation and cleanliness.
• Dogs will be adequately supplied with suitable food, drink and bedding material, adequately exercised and (so far as necessary) visited at suitable intervals.
• All reasonable precautions must be taken to prevent and control the spread among dogs of infectious or contagious diseases.
• Appropriate steps will be taken for the protection of the dogs in case of fire or other emergency.

We will attach conditions to the licence relating to the above requirements. Licences are issued annually and expire on 31 December each year. A fee for an annual licence is required when you apply. See the Fees and Charges document in the related documents section.

The application form and guidance notes are provided in the related documents section.

The form should be printed, completed and returned to us by post to the address in the contact details section.

Contact details

Licensing Section
South Derbyshire District Council
Civic Offices
Civic Way
Swadlincote
Derbyshire
DE11 0AH

Tel: (01283) 595724
Fax: (01283) 595855
Online: contact form
email: licensing2@south-derbys.gov.uk

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