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Sale of Pedigree Animals

The Pet Animals Act 1951, contains some exemptions from the pet shop licensing for those “… selling pedigree animals bred by him, or the offspring of an animal kept by him as a pet” (PAA 1951 s.7(1.a). Pedigree animals are defined as by the Act as “an animal of any description which is by its breeding eligible for registration with recognised club or society keeping a register of animals of the description” (PAA 1951, s.7(3))

Councils can also choose to exempt from the licensing requirements those selling off excess show or breeding stock:

 “where a person carries on a business of selling animals as pets in conjunction with a business of breeding pedigree animals, and the … animals so sold by him … are animals which were acquired by him with a view to being used… for breeding or show purposes but have subsequently been found by him not to be suitable or required for such use, the local authority may if they think fit direct that the said person shall not be deemed to keep a pet shop....” (PAA 1951, s.7 (1.b))

However, such sales are not exempted from section 2, Pet Animals Act1951 that states

“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 ruling in R V Stafford Borough Council, 2006 clarified a market as:

“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  each trader would require a seperate licence and the market organiser could not avail themselves  of a single licence to cover the whole market.

Therefore, the commercial sale of pedigree animals and excess stock in a public place is prohibited.

Contact the Licensing Section

E-mail: licensing@dover.gov.uk

Telephone: 01304 872295