Response 1113655

Response to request for information

Reference

1113655

Response date

15 May 2023

Request

Please could you supply the legislation that shows the exemptions to establishment's under the Animal activities licence as part of the Animal Welfare act 2006 and the licencing act. Does this legislation specifically state the RSPCA kennels are not covered by the law or have to comply with animal welfare standards.

Response

The legislation that deals with the Licensing for the Boarding of Dogs is found on the Legislation website. 

The Statutory Guidance for boarding of dogs can be found on the GOV.UK website

The key point here is 'To be in scope, they must: provide housing for other people’s dogs, where the provision of that housing is part or solely the activity of the business'.

In the situation you have described the dogs being boarded are not deemed a 'business activity' and are not being boarded to make a profit. That activity is therefore out of scope and is not subject to the licence conditions.

However, while not licensable the activities are still regulated under the Animal Welfare Act 2006 and in this instance the Code of Practice for the Welfare of Dogs.