Agenda item

Committee to receive a report for information from the Cabinet Member for Corporate Governance and Licensing on proposed new fees to be charged following the introduction of legislation requiring the licensing of primates.

The Cabinet Member Corporate Governance and Licensing introduced the report which concerned a proposal for new fees to be charged following the introduction of legislation requiring the licensing of primates.  As the Councillor was also a member of the Licensing Committee, he stated that he would take no part in the discussion or voting on the issue.

The Environmental Health Manager, Commercial presented the report to Committee. In 2024 through Regulations made under the Animal Welfare Act 2006, the Department for Environment, Food and Rural Affairs (DEFRA) introduced the Animal Welfare (Primate Licenses) (England) Regulations 2024. For the purposes of the Regulations the Licensing Authority is the local authority in whose area the premises at which a primate is kept or is to be kept are situated.  There were currently two premises that would require a primate license within South Kesteven.

The Regulations introduced a licensing scheme which set strict rules to ensure that only private keepers, who could provide zoo-level welfare standards would be able to keep primates. 

Primates included:

·       Marmosets

·       Tamarins

·       Squirrel Monkeys

·       Spider Monkeys

·       Capuchin Monkeys

·       Lemurs

·       Lorisidae (also known as bush babies)

From 6 April 2026 it became an offence to keep a primate in England without a licence.  The only exemptions to the requirement to hold a licence would be where the primates concerned are being kept in a licensed zoo or a place specified in a licence under section 2C of the Animal (Scientific Procedures) Act 1986.

The Regulations set out the application process and the conditions that must be placed on the licence if granted.  Further conditions may be stipulated in the Statutory Guidance.

Inspections must be carried out prior to an application being determined and a further inspection was required on at least one occasion during the duration of the licence.  These inspections must be conducted by a “suitable person” which is defined by the regulations as being:

a)    A veterinarian (Vet);  or

b)    Any other person who, in the view of the local authority, is suitably qualified and competent to carry out the inspection.

A licence must be granted for a period of three years or where the applicant has requested a licence for a period of less than three years, for such shorter period that the applicant has requested.

Provisions within the Regulations allowed for the holder of a primate licence to request to vary or surrender the licence as well as provisions for the licensing authority to revoke or vary the primate licence.

An application fee may be charged, and a fee can be charged in respect of any inspections.  The proposed fees contained within the report estimated the cost recovery of undertaking the licensing function – as this legislation was new, the fees were the “best” consideration of the time requirement and input.

It was noted that Vet fees that were incurred would be recharged to the applicant.

Members questioned Officers in respect of monitoring, visits to premises and vets following which it was proposed, seconded and agreed to recommend the fees to Cabinet for adoption.

Decision

The Licensing Committee recommended to Cabinet the proposed fees in respect of primate licensing: