High Court judge upholds grant by council of licence to puppy farm

North Kesteven District Council acted correctly when licensing a controversial puppy farm, a High Court judge has ruled.

The case was brought by the Chancepixies animal welfare charity over the grant of a dog breeding licence to Little Rascals Pets.    

Chancepixies argued that the council was required, by section 1(4) of the Breeding Dogs Act 1973, to consider Little Rascals’ compliance with the requirements of the 2006 Act and the code of practice issued under it.

The council said the 1973 Act allowed it to consider the 2006 Act and code but did not require it to do this.

In Chancepixies Animal Welfare v North Kesteven District Council & Anor [2017] EWHC 1927 (Admin), Mr Justice Garnham said: “What the council was obliged to take ‘particularly’ into account were the nine factors itemised in section 1(4). It was entitled, in addition, to have regard to the 2006 Act and the code.

“It is plain from the face of the report that it did have regard to the 2006 Act and to the code. The question reduces, therefore, to whether, as a matter of law, the council was obliged to consider, in respect of each animal or each breed of dog, each element of each section of the code in determining an application under the 1973 Act.

“The short answer to that question is that there was no such obligation. The 1973 Act defines what the authority is obliged to consider. The existence of discretion to withhold a licence on other grounds cannot be converted into a duty to consider detailed provisions of other statutory codes introduced for other purposes into the performance of a statutory function under the 1973 Act.”

Law firm Bindmans, which last month launched the action for Chancepixies, said the case showed “the need for urgent reform of dog breeding legislation”.

It said: “The judgment highlights an anomaly in the legal framework which effectively holds puppy farmers to lower standards of animal welfare than those to which every day owners of pet dogs are held.”

A North Kesteven statement welcomed the ruling and said: “The authority will continue to make all future decisions regarding animal breeding licences fully in accordance with the legislative framework in place including having regard to the Animal Welfare Act and associated codes of practice.”

Mark Smulian