A licence is required for any person wishing to keep a collection of animals not normally native to this county.
All animal welfare related law is currently being reviewed by Government.
Please contact us if you are trying to find a licensed establishment in Malvern Hills district, or if you are thinking of starting a zoological collection.
We try to make sure that all animals are well looked after, that the layout of any facilities are suitable and that staff are trained.
It's very unlikely that anyone will be able to open a zoo for purely commercial reasons: there has to be a genuine educational or conservation reason.
An initial licence is for a zoo lasts for four years. Renewed licences last 6 years.
The application process is complex; however there is much guidance available. Please contact us if you are thinking of applying for a licence.
We become responsible for the cost of care of animals in default of the licensee. If this happens, euthanasia is considered a last option. Good practice guidelines are by the Secretary of State.
Applicants for Zoo licences must advertise their intention nationally. We talk with the Department of the Environment, Food and Rural Affairs (DEFRA) who nominate a Vet to do an initial inspection and report (paid for by the applicant).
We inspect annually, and there is an interim inspection by the DEFRA nominated Vet.
Grant of a licence doesn't mean that we've given planning permission: consent under town and country planning law may still be required.
At least two months before making an application for a licence, the applicant must give notice in writing (including by electronic means) to the local authority of their intention to make the application.
The notice must identify:
• The zoo's location
• The types of animals and approximate number of each group kept for exhibition on the premises and the arrangements for their accommodation, maintenance and wellbeing
• The approximate numbers and categories of staff to be employed in the zoo
• The approximate number of visitors and motor vehicles for which accommodation is to be provided
• The approximate number and position of access to be provided to the premises
• How required conservation measures will be implemented at the zoo
At least two months before making the application, the applicant must also publish notice of that intention in one local newspaper and one national newspaper and exhibit a copy of that notice.
The notice must identify the location of the zoo and state that the application notice to the local authority is available to be inspected at the local authority offices.
Application Evaluation Process
When considering an application the local authority shall take into account any representations made by or on behalf of:
• The applicant
• The chief officer of police (or in Scotland the chief constable) in the relevant area
• The appropriate authority - this is either the enforcing authority or relevant authority in whose area the zoo will be situated
• The governing body of any national institution concerned with the operation of zoos
• Where part of the zoo is not situated in the area of the local authority with power to grant the licence, a planning authority for the relevant area (other than a county planning authority) or, if the part is situated in Wales, the local planning authority for the area in which it is situated
• Any person alleging that the zoo would affect the health or safety of people living in the neighbourhood
• Anyone stating that the zoo would affect the health or safety of anyone living near it
• Any other person whose representations might show grounds on which the authority has a power or duty to refuse to grant a licence
Before granting or refusing to grant the licence, the local authority shall consider any inspectors' reports based on their inspection of the zoo, consult the applicant about any conditions they propose should be attached to the licence and make arrangements for an inspection to be carried out.
At least 28 days notice of the inspection shall be provided by the local authority.
The local authority will not grant the licence if they feel that the zoo would adversely affect the health or safety of people living in near it, or seriously affect the preservation of law and order or if they are not satisfied that appropriate conservation measures would be satisfactorily implemented.
An application may also be refused if:
• The local authority are not satisfied that accommodation, staffing or management standards are suitable for the proper care and wellbeing of the animals or for the proper conduct of the zoo
• The applicant, or if the applicant is an incorporated company, the company or any of the company's directors, managers, secretaries or other similar officers, or a keeper in the zoo, has been convicted of any offence involving the ill-treatment of animals
Applications to renew a licence will be considered no later than six months before the expiry of the existing licence, unless a shorter time period is allowed by the local authority.
The Secretary of State, after consulting the local authority, may direct them to attach one or more conditions to a licence.
The local authority may advise the Secretary of State that, because of the small number of animals kept in the zoo or the small number of the kinds of animal kept there, a direction should be made that that a licence is not required.
Will Tacit Consent Apply?
No. It is in the public interest that the authority must process your application before it can be granted.
If you have not heard from the local authority within a reasonable period, please contact it.
You can do this online if you applied through the UK Welcomes service or use the contact details below.
Apply by post
Telephone or e-mail us to ask for an application form, or download an application form.
Send the completed form with application fee and proof of insurance to us at the Animal Welfare Department, Malvern Hills District Council, The Council Offices, Avenue Road, Malvern, Worcestershire, WR14 3AF
Failed Application Redress
Online facilities are available through the national Business Link website
1. Send notification of your intention to operate a zoo
2. Apply for a licence to operate a zoo
3. Tell us about a change to your existing zoo licence
Licence Holder Redress
Please contact us, in the first instance.
If the applicant is refused a licence, they may appeal to a magistrates' court within 28 days from the date on which the applicant receives written notification of the refusal.
Please contact your Local Authority in the first instance.
A licence holder may appeal to a Magistrates' court or in Scotland to the sheriff against:
• Any condition attached to a licence or any variation or cancellation of a condition
• The refusal to approve the transfer of a licence
• A zoo closure direction
• Enforcement steps relating to any unmet condition
The appeal must be brought within 28 days from the date on which the licence holder receives written notification of the authority's decision as to the relevant matter.
We would always advise that in the event of a complaint the first contact is made with the trader by you - preferably in the form a letter (with proof of delivery).
If that has not worked, if you are located in the UK, Citizens Advice will give you advice.
From outside the UK contact the UK European Consumer Centre.
Any person who wishes to appeal against a decision to close a zoo may apply to the local Magistrates' court.
Appeals must be made within 28 days of the notice of our decision.
Anyone suffering nuisance due to noise, smells or similar because of a commercial premises should contract the Worcestershire Hub phone number 01684 862151.