Zoos in Scotland: guidance

Guidance on operating a zoo in Scotland.


Arranging a zoo inspection

The Zoo Licensing Act 1981 and Zoo Licensing Act 1981 Amendment (Scotland) Regulations 2003 (ZLA) should be consulted during all stages of the inspection process. The Standards of Modern Zoo Practice and the Zoos Expert Committee Handbook provide detailed guidance and should also be consulted.

Types of inspection

Zoos licensed under the ZLA are inspected on a regular basis by local authorities, Scottish Ministers’ Zoo Inspectors and veterinarians to ensure that the facilities and care of the animals are appropriate and that any licence conditions are being adhered to. There are a number of different types of inspection, outlined in the table below.

Inspection type

Purpose

Frequency/timing

Attendees

Licence inspection[section 4(1A)]

 

To assess whether the zoo will be able to comply with the ZLA and the conditions attached to its licence.

Before the zoo acquires animals and is granted a licence.

Scottish Ministers’ Zoo Inspector(s) appointed by the Animal & Plant Health Agency (APHA).

Interim periodical inspection            [section 10]

 

To assess whether the zoo is compliant with the ZLA and the conditions attached to its licence.

During the first year of an initial zoo licence or the third year of a renewed licence.

One or two Scottish Ministers’ Zoo Inspectors appointed by APHA (depending on the size of the zoo). If two Scottish Ministers' Zoo Inspectors attend the inspection, one must be a veterinary surgeon or veterinary practitioner.

Additionally, the inspection should be attended by not more than three inspectors appointed by the local authority, at least one of whom must be a vet.

Licence renewal  periodical inspection [section 10]

 

To assess whether the zoo is compliant with the ZLA and the conditions attached to its licence.

During the fourth year of an initial zoo licence and the sixth year of a renewed licence.

‘Reduced Inspections Dispensation’ licence renewal inspection [sections 14(1)(b) and 6(1A)]

To assess whether the zoo is compliant with the ZLA and the conditions attached to its licence.

During the fourth year of an initial zoo licence and the sixth year of a renewed licence.

Scottish Ministers’ Zoo Inspector(s) appointed by APHA.

Significant change inspection [section   16(2B) or 16(3A)]

To assess whether a licence needs to be altered, e.g. due to significant stock changes, especially addition of hazardous/conservation sensitive species.

Before making a significant alteration to an existing licence.

Inspector(s) appointed by the local authority.

Informal inspection[section 12]

To assess whether the zoo is compliant with the ZLA and the conditions attached to its licence.

Annually – during years when periodical and special inspections do not take place.

Inspector(s) appointed by the local authority.

Special inspection[section 11]

To investigate a particular  issue or problem that has arisen at the zoo.

On an ad hoc basis when a need is identified.

Inspector(s) appointed by the local authority. If the inspection relates to animal health matters, at least one member of the inspection team must be a vet.

Licence inspections and periodical inspections:

Costs - the current hourly rate for Scottish Ministers’ Zoo Inspectors is £72.53 which includes time spent preparing for and carrying out the inspection, travel time to and from the zoo undergoing the inspection and time taken to write up the inspection report. Local authorities may charge fees in relation to zoo inspections; zoo operators are advised to contact their local authority directly to obtain information on possible zoo inspection fees. Zoo inspections generallyrequire a few hours or up to one full day depending on the size of the collection; inspections of particularly large collections may require more than one day.

Attendees - these inspections are attended by either one or two Scottish Ministers’ Zoo Inspectors (depending on the size of the zoo) in addition to not more than three inspectors appointed by the local authority, one of whom must be a vet.

Licence inspections:

Purpose - the purpose of the licence inspection is to assess whether the zoo will be compliant with the requirements of the ZLA and any conditions attached to its zoo licence by the local authority before the grant or refusal of a new licence or before any significant alteration to a licence.

Timing - it is recommended that licence inspections before the grant or refusal of a new licence take place before animals are introduced into a new zoo or before animals are introduced to facilities in an existing zoo where changes to the licence are proposed. This allows zoo operators to determine in advance whether their animal housing facilities provide suitable and secure accommodation and to obtain advice on how to address any existing problems. Zoo operators should consult closely with the local authority during the planning stage of zoo construction or alteration and, if necessary, seek advice on animal accommodation from zoo inspectors and/or zoo consultants before the licence inspection takes place.

Periodical inspections:

Purpose - the purpose of interim and licence renewal periodical inspections is to assess whether the zoo continues to be compliant with the conditions attached to its zoo licence and the requirements of the ZLA.

Timing - as noted in the table above:

  • an interim periodical inspection is undertaken during the first year of an initial zoo licence or the third year of a renewed licence
  • a licence renewal periodical inspection is undertaken during the fourth year of an initial zoo licence and the sixth year of a renewed licence

Under the terms of the ZLA licence renewal periodical inspections must take place more than six months before the expiry date of the zoo licence.

There is a statutory requirement for a periodical inspection to be carried out during the final year of a zoo licence even if the licence will not be renewed either because the zoo is due to close once its licence has expired or it is substantially altering or downgrading its collection so that it is likely to become eligible for a ‘Zoo Licensing Act Exemption’ dispensation under section 14(1)(a).

Procedure for arranging licence renewal / interim periodical inspections:

The key stages in arranging a licence/periodical inspection are:

1. The local authority must contact the APHA to arrange the nomination of suitable Scottish Ministers’ Zoo Inspectors to carry out the inspection. This should be done well in advance of the intended inspection date to ensure availability within the required timeframe before licence expiry. Direct contact before nomination should not be undertaken.

2. Accompanying the above request, local authorities should provide the APHA with an up-to-date copy of the stock list for the zoo, or should provide this as soon as possible after the request is made.

3. The APHA will contact suitable Scottish Ministers’ Zoo Inspectors to establish whether they are willing and able to carry out the inspection and, if so, will direct the local authority to contact the nominated Scottish Ministers’ Zoo Inspector(s) to arrange a mutually suitable date for the inspection.

4. The local authority notifies the zoo operator of all persons who will be inspecting the zoo, giving the zoo operator at least 28 days’ notice of the date of the proposed inspection.

5. Once a date for the inspection has been agreed between the Scottish Ministers’ Zoo Inspectors, the local authority and the zoo, the local authority should inform the APHA of the date selected.

6. The local authority requests that the zoo completes and returns a pre-inspection audit form. While this is not a legal requirement, it may save significant time during the inspection and reduce costs.

7. The local authority should send the completed pre-inspection audit form to the nominated Scottish Ministers’ Zoo Inspector(s) as well as any other relevant information (e.g. a copy of the licence application) in advance of the inspection.

8. The inspection is carried out on the agreed date using an inspection report form. The Scottish Ministers’ Zoo Inspector then sends the completed report to the local authority as soon as is practical. If the production of the report will take more than 28 days the Scottish Ministers’ Zoo Inspector should notify the local authority of this.

9. For periodical inspections, the inspector may require the production of all records kept by the licence holder in relation to conditions imposed to ensure that the conservation measures required under the ZLA are implemented at the zoo. These include up-to-date records of:

(i) the numbers of different animals

(ii) acquisitions, births, deaths, disposals and escapes of animals

(iii) the causes of any such deaths

(iv) the health of the animals

10. Once the inspection has been carried out and the completed inspection report has been received by the local authority, an electronic copy of the report should be sent to the zoo operator within one month of receiving the report.

The table below illustrates the schedule of inspections required for zoos holding different types of dispensation and no dispensation from the ZLA.

Dispensation type

Relevant section of ZLA

Types of inspections required by each type of zoo

‘Zoo Licensing Act Exemption’ Dispensation

14(1)(a)

No inspections are required under the ZLA since the zoo is entirely exempted from the Act. However, the LA may keep a check on the zoo through inspections required under other legislation such as the Health & Safety at Work Act 1974.

‘Reduced Inspections’ Dispensation

14(1)(b)

 

Zoos holding a 14(1)(b) dispensation are not required to undergo periodical inspections and/or special inspections. However, zoos must undergo informal inspections and licence renewal inspections as required by section 6(1A)(a) in addition to significant change inspections should the LA deem these necessary.

‘Reduced Inspection Team’ Dispensation

14(2)

 

Zoos holding a 14(2) dispensation must undergo the full schedule of inspections as set out in the ZLA including licence inspections, interim periodical inspections, licence renewal periodical inspections and informal inspections as well as significant change and/or special inspections should the LA deem these  necessary.

Full licence – no dispensation held

n/a

Zoos holding a full licence must undergo the full schedule of inspections as set out in the ZLA including licence inspections, interim periodical inspections, licence renewal periodical inspections and informal inspections as well as significant change and/or special inspections should the LA deem these necessary.

Where it is intended that a zoo licence will not be renewed for a zoo holding a full licence or a 'Reduced Inspection Team' Dispensation [section 14(2)], a periodical inspection under section 10 must still be carried out at least six months before that zoo licence expires.

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