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Zoo and Wildlife Solutions
www.zooandwildlifesolutions.com
For: • LA Inspections (Informals and Specials) • Welfare, H&S Investigations • Consultancy to Zoos • Training
THE ZOO LICENSING ACT (1981) AS AMENDED 2002
Implementation of
Challenges
• High Profile Cases – keeper deaths & animal welfare
• Political Interest • LA Resources, Restructuring • Clumsy Legislation, Slow to React • Inspectors
Born Free and ADAS Reports • Failure to issue licenses• Inappropriate transfers of licences• Inappropriate dispensations • Failure to undertake inspections • Failure to place measurable conditions • Failure to undertake informal inspections• Failure to enforce conservation measures• Failure to require appropriate enclosures
and animal care
Resources
• Zoo Licensing Act • Secretary of States Standards of Modern
Zoo Practice • Zoos Expert Committee Handbook • Guide to the Acts Provisions • HSE Guidance • BIAZA Guidance
Issues with Zoo Licensing • Defra inspectors are technical specialists – have
little legislative experience.• LA changes in staff, lack of resources, rare
licence• LA not managing process well and ensuring
compliance• SSSMZP is complex and open to interpretation • Conditions worded poorly therefore
unenforceable • ZEC Handbook – guidance only • Reports and conditions ability to withstand
legal process• No case law so legal advice difficult
What is a Zoo ? • Children’s farms with a few exotics• Tropical houses and butterfly gardens• Birds of prey centres• Aquariums • City zoos • Safari parks • Attractions with animals
Operation Systems
Receive no government funding.
• Privately owned• Commercial companies • Charity society zoos• Local Authority zoos
Value of Zoos
• 22m visited the Top 100 zoos in the UK in 2011
• 6,000 people are employed by the Top 100 Zoos in the UK
• Education – 1.5m Children in 2011• Conservation - £20m per annum • Volunteers – 5,000 people• Small, local businesses • 1000+ young people receiving training in zoos
The Zoo Licensing Act 1981
• UK had Zoo Licensing for several years before European Legislation introduced in 2002
• Implements EC Directive 1999/22 – DG Environment and therefore is related to BIODIVERSITY and CONSERVATION
Aims of European Zoos Directive
• Good standards of animal care to satisfy the biological needs.
• To ensure high standard of preventative and curative veterinary care and nutrition
• Participate in conservation, education and research
Implementation in the UK
Defra – Policy owner – small policy team• Produce SSSMZP and other guidance• Zoos Expert Committee• Appoint Inspectors
APHA – Inspection Team• Operate SoS inspectorate
Local Authority Responsibilities
• Ensure licences are in place• Ensure inspections are undertaken• Ensure compliance with the Act following
advice from SoS Inspectors • Take into account other legislation • Raise concerns with other LA
Departments• Licence administration • Enforcement
What is a Zoo ? • Open > 7 days a year• Animals not normally domesticated in
the UK exhibited to the public• Temporarily closed zoo • Closed zoo during relocation of the animals.
But• Private collections visible from public land• Collections only viewable by members of a club or
association• Collections in free access retail areas – garden
centres, public parks
What is NOT a Zoo ?
• Open less than 7 days in a 12 month period
• Site with ENTIRELY domesticated animals
• Circus• Pet Shop • DWA Licensed premises
What is a Wild Animal ? True domestic breeds and species – kept for so long and in large numbers that their status as domesticated is justified.
True domestic breeds and selectively bred wild species introduced relatively recently but so commonly kept outside of zoos
True domestic breeds and selectively bred wild species introduced relatively recently but in such low numbers cannot be considered as ‘normally’ domesticated
Wild speciescommercially farmed or widely bred by hobbyist but where this is so recent they cannot be considered ‘normally domesticated’
True wild species where domesticity is not seriously suggested
horses, cattle, sheep, pigs, dogs, cats, ducks, chickens
Guinea pigs, Hamsters, Peacock, Koi carp, LLAMAS and ALPACAS
Camels, Water Buffalo, Ankole Cattle and REINDEER
Deer, Ostrich, Bison, Aquarium and Pond Fish, Cage and Aviary Birds
Zoo Animals
NO NO YES YES YES
Dispensations 14.1a Dispensations Application for dispensation made to DefraSoS by LOCAL AUTHORITY supported by Vet’s letter. • Traditional deer parks• Collections small non-hazardous and non-
conservation-sensitive species excluding mammals. Not exceeding 120 animals
Consider:H&S, Protection of Wild Fauna, BiodiversityLA has NO POWERS OF INSPECTION under ZLA
Dispensations
14.1 b Dispensation Same circumstances as a 14.1aBUT: Collection DOES have a Periodical or Special Inspection (or both) but not a License inspection or Informal Inspection
Dispensations
14.2 DispensationZoo Operator Applies to DefraDefra seeks opinion of LA• Small collections of animals where the
hazardous or conservation-sensitive component of the collection is less than 50 animals.
Inspection ONLY requires 1 SoS inspector (no requirement for LA Inspectors).MUST MEET ALL OTHER REQUIREMENTS
What is a Hazardous Animal ?
Hazardous AnimalList 1 and List 2 in SSSMZP (most of the book)
Conservation-Sensitive • Listed in Appendix 1 of CITES • IUCN Red List VU, E, CE, EW
A New Zoo 1. Operator gives notice to LA2. Publish intention in 1 local and 1 national
newspaper and notices as proposed site.3. Plans to LA and made available to public viewing4. Operator completes Application Forms5. LA takes account of representations 6. Planning permission 7. Decide on License required and arrange
inspection. 8. Use Zoo 3 form – consider if likely to meet
standards9. 1 year later – Periodical Inspection on a Zoo 2 formSee pages 37, 38, 39
Transfer of a Licence
License can be transferred with approval of LA. Must:• Transferee suitable to hold the license –
knowledge and experience • Be able to comply with Section 1 A of
the Act • All Conditions and Directions transferred
and are accepted by new operator.
Inspection TimelineYear 0 License Renewal or Periodical
InspectionLA Inspectors x 2LA Vet 2 x SoS Inspectors
Year 1 Informal Inspection (or Periodical if a New License)
LA Inspector(LA Inspector, LA Vet, 2x SoS Inspectors)
Year 2 Informal Inspection LA Inspector
Year 3 Periodical Inspection LA Inspectors x 2, LA Vet, 2 x SoS Inspectors
Year 4 Informal Inspection LA Inspector
Year 5 Informal Inspection LA Inspector
Year 6 Periodical Inspection (no later than 6 months before end of the year)
LA InspectorLA Vet2 x SoS Inspectors
General Process• LA gives at least 9 months notice of pending
inspection to Operator. (Used to be reminded by Defra no longer happening due to budget cuts).
• Zoo MUST apply at least 6 months before expiry of existing licence
• First Licence lasts 4 years and subsequent ones 6 years
• If zoo has developed or changed significantly can require a NEW LICENCE if a Renewal inspection
• Generally give 6 weeks notice to everyone• MUST give operator 28 days notice and inform of
inspection team • Zoo can refuse SoS inspectors
Preparing for Inspections • Ask Licensee to complete Pre-Inspection Audit • Review Conditions on License and check
compliance• Check if a Periodical or Renewal • Consider other LA Officers • Send to Inspectors Licence Last report Informal Inspections Special Inspections (if any) PIA Complaints, Correspondence, Action under other
legislation
Roles and ResponsibilitiesSoS Inspectors • Technical aspects of zoo licensing • NO experience of policy or legislation other than ZLA • NO H&S expertise and this IS included in legislation• Write the Report
LA Inspectors• Not expected to be a Zoo Expert • Enforcement, Local Government Framework, Wider
Legislation• Proper and Legal Implementation• Take SoS Inspectors Recommendations • Issue the Licence• Informal Inspections
Roles and ResponsibilitiesLA Appointed Vet• MUST have some knowledge of Zoo Licensing• MUST have some knowledge of zoo animal care, veterinary
medicine and zoo operations• MUST have some knowledge of policy and legislation
implementation• CANNOT be the zoo’s own vet
RoleSpecific advice to LA on implementation of the Act Can be called on to undertake Special Inspections Understand LA priorities and concerns – H&S, Planning, Environmental Health
CAN be an SoS Inspector and I would recommend this
Informal and Special Inspections
• Informal Inspections required as part of the license can be 1 LA Inspector
• Can be done as a ‘Secret Shopper’ but then no access to behind the scenes.
Special Inspections: 1 LA and 1 LA Vet• In response to enforcing conditions • In response to an incident of concern• In response to major licence change • In response to a complaint Zoo must be notified purpose and team
Other Legislation Can review and consider other legislation and make ‘Recommendations’.
• Public Health and Safety• Environmental Health • Animal Health and Welfare Legislation• CITES Legislation • Wildlife and Countryside Act• Child Protection Legislation
• Must NOT attach conditions that relate only or primarily to health, safety and welfare of zoo employees.
Fees and Charges
Operator Pays for InspectionLA charge for: • Inspection Administration• Inspectors • Veterinary Inspectors • SoS Inspectors
SoS Inspectors invoice the LA for their time and expenses at £72.53 an hour (maximum 8 hours) then second day is required.
Secretary of States Standards of Modern Zoo Practice
• Animal Care and Welfare – based on 5 Provisions (Nutrition, Environment, Healthcare, Behaviour
• Transportation and Movements• Conservation, Education, Research• Public Safety• Stock Records• Staff and Training• Public Facilities
Conservation, Education & Research
• Research from which conservation benefits accrue
• Training in relevant conservation skills • Exchange of information relating to species
conservation• Where appropriate, captive breeding,
repopulation or reintroduction of species
Contribution ‘proportionate to the size and type of the zoo’• Zoos’s Expert Committee Handbook• Benchmarks Produced.
Example Condition • In accordance with 7.8, 7.9, 7.10, 7.12, 7.13 of the
SSSMZP (2012) the zoo must produce a written education strategy and implementation plan. This should include an educational mission statement and how the plan applies to different types of visitors. Education activities must be recorded and evaluated .
• In accordance with 7.5 , 7.13 of the SSSMZP (2012) a conservation strategy and implementation plan must be produced setting out how the zoo will enhance its statutory Section 1A (conservation measures) delivery. A record must be kept of the activities and should include an evaluation of their effectiveness.
Health & Safety
• LA Health & Safety Enforcement Officers responsible for inspections – REALLY helpful to combine with ZLA Inspections.
• Health & Safety at Work – specifically excluded
• ZLA Inspectors will notify operator and enforcing authority.
• Granting of a Zoo License does NOT signify compliance with HSW Act.
Health and Safety Executive
Produced Guidance:• Managing Health
and Safety in Zoos• Zoonoses Guidelines
– HSE/HPA/BIAZA
H&S at Zoo Inspections
ZLA Inspection team will raise issues of concern with Zoo Operator and also inform LA. • Can include recommendations and
conditions – usually require evidence issue has been addressed by enforcing agent.
• Section 5 (7) ZLA – ‘The authority shall not attach a license condition which relates only or primarily to the health, safety or welfare of persons working in the zoo’
Health and Safety in Zoos• Unique environment posing specific
hazards to health and safety – animals • Visitor attraction – hazards to general
public• Workplace – hazards to employees• Legislation – some zoo specific and some
wider, more general
Public Facilities
• First aid equipment and facilities • Trained staff • Instructions for human injury (RIDDOR)• Facilities for visitors with special needs • Toilet facilities • Car park safety • Trains, trams, monorails, golf buggies etc
Visitor Health and Safety
• Animal Interactions• Walkthrough exhibits• Drive through exhibits• Zoonotic diseases• Outreach activities • Public facilities • Public Health and Safety Hazards
Public Safety in Zoos
• Risk Assessment should be undertaken• Public Liability Insurance Certificate• Signage and warnings • Exits and Entrances• Slips, trips, handrails, walkways• Tree maintenance• Barrier integrity • Water Safety
In accordance with 8.13, 8.15, 8.18, public walkways must be maintained in safe condition. Measures must be taken to reduce likelihood of slipping on all wooden surfaces. Where the operator has deemed weather conditions have caused slipping risks, the walkways must be closed with a physical barrier. The unfilled holes at the bases of the restaurant platforms must be rectified within 4 weeks. The effect of walkway and platform stantions being submerged in water for prolonged periods should be assessed for deterioration and structural stability and a maintenance programme of structural repairs needs to be documented. A report must be produced for the Licensing Authority. Implementation within 3 months.
SSSMZP – Protection of the Public
• Escape procedures and protocols• Escape drills• Firearms availability• Firearm training• Firearm storage and maintenance• Dangerous drug handling• Chain of responsibility• Review and reporting
Animal Interactions
MAJOR draw and very popular • Keeper talks• Trained animal shows• Contact sessions • Touch pools • Feeding sessions • ‘Special’ experiences – keeper for the
day etc.
Public Contact with Animals
• SSSMZP • Contact allowed – same space to riding • Behaviour of animal – avoid or ‘mug’• Food involved ? • Barriers and restrictions • Supervision – volunteers, hosts, keepers• Environment used for contact – surfaces, walkways, water
Animal Interactions
MUST be written RISK ASSESSMENTAnimal Welfare MUST not be compromised• Rotation of individual animals used• Training of staff (volunteers) • Announcements and signs expected
behaviour• Handwashing afterwards • Supervision in walk throughs
Public/Animal Contact
ZLA – 3 categories –Greater Risk, Less Risk, Least Risk• Anomalies in
assessments• Individual variations
Herd Included 3 Stags
Example Condition - Animal Experiences
A full and detailed revised risk assessment must be undertaken for the 'Keeper for the day' experience with large carnivores. There should always be a one keeper to one participant supervision ratio. Within 3 months
Zoonoses
• Diseases from animals to humans
• Direct or in direct contact
• Minor – Life threatening
• Specific risks to old, young and immunocompromised
Zoonotic Diseases SHOULD have RISK ASSESSMENTSZEC Handbook chapter • Visitor/Animal Contact• Signage and other information • Handwashing• Staff Prophylaxis• PPE • Protocols for separating visitors from animal
waste etc• Waste disposal • Animal Pathogen Testing
Example Condition – Hand Washing
A full risk assessment including zoonotic disease risks must be completed for the reptile and invertebrate handling sessions. Full hand washing facilities with hot running water and soap must be provided in the same location as the presentation. Comprehensive signage informing the public of the potential risks and that handwashing is essential must be installed. All to be in place within 1 month.
Examples conditions – Free ranging Animals
• In accordance with Appendix 6.3 of SSSMZP a risk assessment must be undertaken and regularly reviewed to ensure potential zoonotic pathogen transfer from the blue peafowl defecating on picnic tables and the play areas is mitigated, following the guidelines outlined in the HSE document Managing Health and Safety in Zoos (immediately)
Other Issues
• Firearms Provision and Use • Venomous Animals – Anti-venom
availability • Animal contact protocols • Working with List 1 Hazardous Animals
especially carnivores and elephants • Fire plans and escapes • Vermin Control
Escape Response and Firearms
• Enclosure design• Perimeter• Procedures• Training • Firearms • Police Involvement • Dart Rifles and Access to Drugs
EnforcementRecommendation = made at an inspection documented but not enforced may become a condition at next inspection.
Condition = A requirement which must be completed in a defined time period – may trigger a special inspection. Should be removed when completed. Must NOT be primarily associated with H&S at work.
Direction = Requires compliance or will close the zoo permanently. Must stipulate steps required, timescale and require partial or complete closure of the zoo. 28 days appeal to Magistrates Court .
Inspection Process• Inspectors write report and deliver to LA• If Renewal or New Inspection – can refuse licence• Need to check that they have delivered Conditions
on previous licences including Section 1 and 2. • If not can serve Direction. If complied Section 3
conditions can be removed or if necessary re-issued. • Recommendations not delivered can become
Conditions • New Recommendations and Conditions applied. • Need to consider timescales and how to ensure
compliance – correspondence, informal or special inspections.
• Send report to licencees – they have 28 days to appeal in Magistrates court
• No appeal – issue licence.
Conditions on a Licence
Section 1 Conditions • MUST be on all licences
Section 2 Conditions • Ensure proper conduct of the zoo and are ongoing
Section 1 and 2 Conditions allow IMMEDIATE Directions following inspections
Section 3 Conditions • Generated from inspections - MUST be time limited
EnforcementALL licenses must have CONDITIONS to implement Section 1A of the Act. • Research from which conservation benefits accrue• Training in conservation skills• Appropriate breeding of animals in captivity• Exchange of conservation information• Promoting public education and awareness of conservation
of biodiversity• Accommodating animals under conditions which satisfy the
biological and conservation requirements of the species• Preventing the escape of animals• Preventing the intrusion of pests and vermin• Keeping up to date records.
SECTION 2 CONDITIONS
Examples Include: • Within 1 month of renewal of the Public
Liability Insurance send copy to LA
• Notify at least 1 month in advance of acquiring Category 1 animals
• Notify ASAP and within 24 hours of escape of any animal
In Between SoS InspectionsAs a Minimum:
You Should: • Receive Animal Inventory in January • Receive any requirements of
standard or current conditions. • Undertake an informal inspection
annually.
In Between SoS Inspections You may have to :• Approve documents demonstrating compliance
with a condition • Approve acquisition of a Category 1 Animal • Approve new enclosure or facilities development• Approve change in ownership or management • Investigate an Animal Escape • Investigate a Human Accident• Respond to Complaints
You could: • Seek SoS Inspectors Advice • Informal Inspection• Special Inspection • Require New Licence Application (Radical Changes)
Special Inspections• Compliance of Conditions & Directions • Major New Development • Complaint by 3rd Party (usually do informal first)
• Major Incident• Any Other Circumstances Justified
• Communicate purpose and scope • Communicate date and time • LA Appoints Inspectors – No Right of Appeal
Enforcement
Changing a Licence: • Vary, cancelling and adding new
conditions at informal or special inspection.
• Direction• Zoo Closure Notice
Enforcement
CRIMINAL OFFENCES
• Operating a Zoo without a Licenses• Failing to comply with Directions • Obstructing an Inspection • Variety of offences during closure process• Failure to display the licence at the entrance
Direction Where LA not satisfied condition has been met Section 16A REQUIRES that a direction is issued. • Must state which conditions on current
license have not been met • State whole zoo or section of zoo • Must specify the steps to be taken –
quality of conditions • Need to decide if to close whole or part
of the zoo –why would you close part of the zoo or all of it ??
• Can revoke, vary or extend but not beyond 2 years
• 28 day Appeal
Closing a Zoo
• Condition(s) not met following a direction• Refusal to Renew a License• Refusal of a New License • Director or member of staff has a conviction
under Animal Welfare Act (2006) • Zoo Operator must submit plan for
arrangements of animal disposal and care • LA must approve – if cannot – LA takes over
plan and seizes assets to cover costs
Conclusions
• Local Authorities are responsible for managing Zoo Licensing
• It is the LA’s inspection – NOT Defrasor the SoS Inspectors
• LA Officers are the Legislative Experts – NOT the SoS Inspectors
• Technical help is available – SoSInspectors AND LA Appointed Vet
Conclusions
• Set the tone – it is NOT a right to have a zoo license
• Be consistent – don’t let things go • Do a comprehensive inspection • Follow issues up – ensure enforcement • Do develop a positive working relationship
with your zoos • Provide feedback to APHA on Inspectors
Zoo and Wildlife Solutions
www.zooandwildlifesolutions.com
For: • LA Inspections (Informals and Specials) • Welfare, H&S Investigations • Consultancy to Zoos • Training