[2024] UKUT 178 (AAC)

“…it is our understanding that Merseyside Dogs Home operates as a charity rehoming centre/reception centre for stray dogs and that those dogs are then transported to licensed facilities for boarding. The Council therefore has no power to licence the Dogs Home in these circumstances.

Despite our previous legal advice on this matter we have recently clarified the position with DEFRA so that we could be certain that our information was correct. DEFRA have advised that they are considering the future licensing of rehoming centres. They have also confirmed that the current licensing regime does not apply to rehoming or stray dog reception centres of this nature…”;

“…under section 149 of the Environmental Protection Act 1990…where the owner of a stray dog cannot be identified, we are then legally obliged to kennel the dog for seven days…

“Animal Wardens Limited… provides a commercial service to enable local authorities to fulfil [their responsibilities under section 149]. The company is currently contracted to provide the stray dog collection and kennelling service for…Knowsley Council…The arrangement was that Animal Wardens Limited would first seek to reunite lost dogs with their owners and then, where this was not possible, then seek to rehome unwanted dogs as far as possible.

…the service provided by Animal Wardens Limited…allowed stray dogs to be rehomed with new families and therefore minimised the need for dogs to be euthanised after the statutory seven-day period…

Under the contract, the local authorities pay Animal Wardens Limited the costs associated with boarding dogs for the statutory seven-day period (including the costs of accommodation…). The contract makes it clear that all stray dogs…must be boarded at a fully licensed kennel. Dogs cannot be boarded at Merseyside Dogs Home for the seven-day statutory period, as Merseyside Dogs Home does not have the relevant licence.

All stray dogs…are initially taken to Merseyside Dogs Home for assessment…most dogs…are reunited with their owners very quickly…so dogs are kept at Merseyside Dogs Home for a maximum of 24 hours to enable them to be reunited with their owners as soon as possible.

The contract requires all dogs which are not claimed within that initial 24-hour period to be transferred to licensed kennels, where they will be kept for up to seven days as required by legislation…

The four councils involved in the contract are fully aware of the relationship between Animal Wardens Limited and Merseyside Dogs Home – the nature of the ownership and governance is transparent and was declared before the contract was awarded.

Merseyside Dogs Home

…Merseyside Dogs Home operates in the manner outlined above. It is a charitable rehoming centre/stray dog reception site which is currently exempt from requiring a licence under the [2018 Regulations].

I understand that the RSPCA and a number of Members of Parliament are now aware of this exemption in the legislation and have called upon the Government to address the situation…

Nevertheless, at the present time (and assuming that Merseyside Dogs Home continues to operate as a charitable rehoming centre for dogs which they own and/or as a reception centre for stray dogs which are then transported to licensed facilities), the Council has no power to license the facility.

While we have taken previous legal advice on this matter, we have recently (in view of the interest which you have raised) sought further clarity from [DEFRA], so that we could be absolutely certain that our interpretation was correct. The Department has confirmed that the licensing regime does not apply to stray dog rehoming or reception centres of this nature. Should the Government introduce separate licensing arrangements for such centres at some future point, we will take the appropriate licensing action immediately.

…Whilst we have no statutory duty to licence and inspect Merseyside Dogs Home, the facility must still comply with the requirements of the Animal Welfare Act…

…As part of our ongoing investigation into [allegations made about Merseyside Dogs Home], Council animal welfare officers carried out an unannounced visit to Merseyside Dogs Home…and found no significant concerns or evidence to suggest that the facility was operating unlawfully…”;