Pet Fairs
The commercial sale of animals at events such as pet fairs
cannot be licensed under the provisions of the Pet Animals Act
1951. There are a number of reasons for this:
Section 2, Pet Animals Act 1951 provides
“If any person carries on a business of selling animals as
pets in any part of a street,
road or public place, or at a stall or barrow in a market, he shall
be guilty of an offence.” (PAA 1951, s.2)
The definition of a market was clarified following a ruling in
R v Stafford Borough Council, 2006 where it was held that a
market consitsted of "a concourse of buyers and sellers” and
was not confined to franchise markets, street markets, open
markets, or public markets.". The court also held that
it would be inappropriate for the market organiser to hold a single
licence for the event but that each stall or trader would have
to be licenced seperately.
These restrictions only apply to the sale as part of a business
or commercial operation. It would be for the local authority
to decide on a case by case basis as to whether or not the
operation amounted to a business.
Events that do not involve the commercial sale of animals are
exempt from these provisions however both the seller and buyer
would be required to comply with the provisions of the Animal
Welfare Act 2006.
Contact the Licensing Section
E-mail: licensing@dover.gov.uk
Telephone: 01304 872295