Licence summary
Establishments used for the breeding of dogs are controlled by the Breeding of Dogs
Act 1973 and 1991. Also the Breeding and sale of Dogs (Welfare) Act 1999.
No person may keep a breeding establishment without first obtaining a licence from
their Local Authority.
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.
Hobby breeders would not be expected to fall within that definition, even if they
sold some puppies, provided that the new section 4A(3) of the 1973 Act does not
apply to them.
Section 4A(3) provides that a person will be presumed to be carrying on the business
of breeding dogs for sale at any premises if, during any 12 month period, a total
of 5 or more litters are born to bitches (at any location) during that period.
In summary, anyone carrying out a dog breeding business will require a licence regardless
of the number of litters involved. However, any hobby breeder whose bitches produce
5 or more litters a year will be regarded as carrying on a business by Falkirk Council.
Eligibility criteria
Applications for a licence must be made to Falkirk Council, and a licence may be
issued if the applicant is not disqualified under any of the following acts.
- The Breeding of Dogs Act 1973
- The Pet Animals Act 1951
- The Protection of Animals (Amendment) Act 1954
- The Protection of Animals (Cruelty to Dogs) (Scotland) Act 1934
Regulation summary
A copy of the legislation can be viewed at the address shown in the contact details
section, where you may also obtain a copy of Falkirk Council's standard licence
conditions, an application form and further help and advice.
Application evaluation process
A fee will be payable for applications and if the licence is granted conditions
may be attached.
| Fee type |
Cost |
| Dog Breeding Establishments Licence |
£228.20 |
| Dog Breeding Establishments Licence (Renewal) |
£106.10 plus Vet's fee if required |
Where a licence is granted, that licence and any subsequent licence will expire
on 31 December of the year to which the licence relates and must be renewed before
this date if the premises are to continue as a dog breeding establishment.
Before being granted a licence the applicant must be able to demonstrate to the
Council's officer:
- that the dogs will at all times be kept in accommodation that is suitable in respect
of construction, size of quarters, number of occupants, exercising facilities, temperature,
lighting, ventilation and cleanliness
- that the dogs will be adequately supplied with suitable food, drink and bedding
material, adequately exercised, and (so far as is necessary) visited at suitable
intervals
- that all reasonable precautions will be taken to prevent and control the spread
amongst the dogs of infectious or contagious diseases, including the provision of
isolation facilities
- that appropriate steps will be taken for the protection of the dogs in case of fire
or other emergency, including the provision of suitable and sufficient fire fighting
equipment
- that all appropriate steps will be taken to ensure that the dogs will be provided
with suitable food drink and bedding material and adequately exercised when being
transported to or from the breeding establishment
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 Falkirk Council.
In addition to the standard conditions a licence may also contain special conditions
that are only applicable to your premises.
Will tacit consent apply?
No. It is in the public interest that Falkirk Council must process your application
before it can be granted.
If you have not heard from us within 28 days, please contact us.
How to apply
To apply, change or renew a dog breeding licence you
can complete the form below and send it to Falkirk Council by email or post:
- Downloads
-
Apply to obtain or renew a dog breeding licence
PDF file, 112 KB
Failed application and licence holder redress
Please contact us in the first instance.
Any licence holder who wishes to appeal against a condition attached to their licence
can appeal to their local Sheriff in Scotland.
Other redress
For example; complaints about noise, pollution, etc should be directed to the Environmental
Protection Unit.
The following offences apply to the breeding of dogs:
- Anybody found guilty of keeping a dog breeding establishment without a licence
may be subject to a fine not exceeding £2,500.
- Anybody found guilty of failing to comply with the conditions of their licence
may be subject to a fine not exceeding £2,500.
- Anybody found guilty of obstructing or delaying an Inspector, or authorised Veterinary
Surgeon or Veterinary Practitioner in the exercising of their powers may
be fined up to a maximum of £1,000.
- If found guilty under this Act, the defendant's licence may be cancelled and they
may be disqualified from keeping a dog breeding establishment for such length
of time as the Court thinks fit.