Boarding Establishments Act 1963
1963 CHAPTER 43
||An Act to
regulate the keeping of boarding establishments for animals; and for purposes
BE IT ENACTED by the Queen's most Excellent Majesty,
by and with the advice and consent of the Lords Spiritual and Temporal, and Commons,
in this present Parliament assembled, and by the authority of the same, as follows
1 Licensing of boarding establishments for animals
(1) No person shall keep a boarding
establishment for animals except under the authority of a licence granted in accordance
with the provisions of this Act.
(2) Every local authority may, on
application being made to them for that purpose by a person who is not for the
time being disqualified—
this Act, from keeping a boarding establishment for animals; or
the Pet Animals Act 1951, from keeping a pet shop; or
. . . ; or
and on payment of such fee
. . . as may be determined by the local authority, grant a licence to that person
to keep a boarding establishment for animals at such premises in their area as
may be specified in the application and subject to compliance with such conditions
as may be specified in the licence.
(3) In determining whether to grant
a licence for the keeping of a boarding establishment for animals by any person
at any premises, a local authority shall in particular (but without prejudice
to their discretion to withhold a licence on other grounds) have regard to the
need for securing—
the Protection of Animals (Amendment) Act 1954, from having the custody
animals will at all times be kept in accommodation suitable as respects
construction, size of quarters, number of occupants, exercising facilities,
temperature, lighting, ventilation and cleanliness;
animals will be adequately supplied with suitable food, drink and bedding
material, adequately exercised, and (so far as necessary) visited at suitable
all reasonable precautions will be taken to prevent and control the spread
among animals of infectious or contagious diseases, including the provision
of adequate isolation facilities;
appropriate steps will be taken for the protection of the animals in case
of fire or other emergency;
and shall specify such conditions
in the licence, if granted by them, as appear to the local authority necessary
or expedient in the particular case for securing all the objects specified in
paragraphs (a) to (e) of this subsection.
(4) Any person aggrieved by the
refusal of a local authority to grant such a licence, or by any condition subject
to which such a licence is proposed to be granted, may appeal to a magistrates’
court; and the court may on such an appeal give such directions with respect to
the issue of a licence or, as the case may be, with respect to the conditions
subject to which a licence is to be granted as it thinks proper.
(5) Any such licence shall (according
to the applicant’s requirements) relate to the year in which it is granted or
to the next following year. In the former case, the licence shall come into force
at the beginning of the day on which it is granted, and in the latter case it
shall come into force at the beginning of the next following year.
(6) Subject to the provisions hereinafter
contained with respect to cancellation, any such licence shall remain in force
until the end of the year to which it relates and shall then expire.
(7) In the event of the death of
a person who is keeping a boarding establishment for animals at any premises under
the authority of a licence granted under this Act, that licence shall be deemed
to have been granted to his personal representatives in respect of those premises
and shall, notwithstanding subsection (6) of this section (but subject to the
provisions hereinafter contained with respect to cancellation), remain in force
until the end of the period of three months beginning with the death; and shall
Provided that the local authority
by whom the licence was granted may from time to time, on the application of those
representatives, extend or further extend the said period of three months if the
authority are satisfied that the extension is necessary for the purpose of winding
up the deceased’s estate and that no other circumstances make it undesirable.
(8) Any person who contravenes the
provisions of subsection (1) of this section shall be guilty of an offence; and
if any condition subject to which a licence is granted in accordance with the
provisions of this Act is contravened or not complied with, the person to whom
the licence was granted shall be guilty of an offence.
(9) In the application of this section
to Scotland, in subsection (4) for any reference to a magistrates' court there
shall be substituted a reference to the sheriff.
a register be kept containing a description of any animals received into
the establishment, date of arrival and departure, and the name and address
of the owner, such register to be available for inspection at all times
by an officer of the local authority, veterinary surgeon or veterinary practitioner
authorised under section 2(1) of this Act;
2 Inspection of boarding establishments
local authority may authorise in writing any of its officers or any veterinary
surgeon or veterinary practitioner to inspect (subject to compliance with such
precautions as the authority may specify to prevent the spread among animals of
infectious or contagious diseases) any premises in their area as respects which
a licence granted in accordance with the provisions of this Act is for the time
being in force, and any person authorised under this section may, on producing
his authority if so required, enter any such premises at all reasonable times
and inspect them and any animals found thereon or any thing therein, for the purpose
of ascertaining whether an offence has been or is being committed against this
(2) Any person who wilfully obstructs
or delays any person in the exercise of his powers of entry or inspection under
this section shall be guilty of an offence.
3 Offences and disqualifications
(1) Any person guilty of an
offence under any provision of this Act other than the last foregoing section
shall be liable on summary conviction to a fine not exceeding [level 2 on the
standard scale] or to imprisonment for a term not exceeding three months or to
both such fine and such imprisonment.
(2) Any person guilty of an offence
under the last foregoing section shall be liable on summary conviction to a fine
not exceeding [level 2 on the standard scale].
(3) Where a person is convicted
of any offence under this Act or of any offence under the Protection of Animals
Act 1911 or the Protection of Animals (Scotland) Act 1912 or the Pet Animals Act
1951, the court by which he is convicted may cancel any licence held by him under
this Act, and may, whether or not he is the holder of such a licence, disqualify
him from keeping a boarding establishment for animals for such period as the court
(4) A court which has ordered the
cancellation of a person’s licence, or his disqualification, in pursuance of the
last foregoing subsection may, if it thinks fit, suspend the operation of the
order pending an appeal.
(2): paras (c), (d) repealed by the Protection of Animals (Amendment) Act
1988, s 3(2), (3), Schedule; other words omitted repealed by the Local Government
Act 1974, ss 35(1), (2), 42(2), Sch 6, para 17, Sch 8.
4 Power of local authorities to
A local authority
in England or Wales may prosecute proceedings for any offence under this Act committed
in the area of the authority.
(1) References in this Act to
the keeping by any person of a boarding establishment for animals shall, subject
to the following provisions of this section, be construed as references to the
carrying on by him at premises of any nature (including a private dwelling) of
a business of providing accommodation for other people’s animals:
(1), (2): maximum fines increased and converted to levels on the standard
scale by virtue of the Criminal Justice Act 1982, ss 37, 38, 46.
person shall not be deemed to keep a boarding establishment for animals
by reason only of his providing accommodation for other people’s animals
in connection with a business of which the provision of such accommodation
is not the main activity; and
(2) In this
Act, unless the context otherwise requires, the following expressions have the
meanings hereby respectively assigned to them, that is to say:—
in this Act shall apply to the keeping of an animal at any premises in pursuance
of a requirement imposed under, or having effect by virtue of, [the Animal
Health Act 1981].
means any dog or cat;
“local authority” means the council of any
. . . county district, the council of a . . . borough or the Common Council
of the City of London, and in Scotland means [a council constituted under
section 2 of the Local Government etc (Scotland) Act 1994];
“veterinary practitioner” means a person who
is for the time being registered in the Supplementary Veterinary Register;
“veterinary surgeon” means a person who is
for the time being registered in the Register of Veterinary Surgeons.
6 . . .
. . .
(1): words in square brackets substituted by the Animal Health Act 1981,
s 96, Sch 5, para 6.
Sub-s (2): in definition “local authority”, words omitted repealed by the
Local Government Act 1972, s 272(1), Sch 30, words in square brackets substituted
by the Local Government etc (Scotland) Act 1994, s 180(1), Sch 13, para
7 Short title, repeal, extent
Act may be cited as the Animal Boarding Establishments Act 1963.
(2) . . .
(3) This Act shall not extend to
(4) This Act shall come into operation
on 1st January 1964.
by the Statute Law (Repeals) Act 1976, s 1(1), Sch 1, Pt III.
Sub-s (2): repealed
by the Statute Law (Repeals) Acts 1974 and 1976.