Restriction on Keeping Guard Dogs without a Licence

Part of Orders of the Day — GUARD DOGS BILL (changed from Dogs Bill) – in the House of Commons at 12:00 am on 16 May 1975.

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Photo of Mr Peter Doig Mr Peter Doig , Dundee West 12:00, 16 May 1975

The purpose of subsection I of the new clause is to prohibit a person from keeping a guard dog in the course of business unless he holds a licence in respect of the kennels. The subsection needs to be read in conjunction with the definition given in Amendment No. 13. That does not apply to a person who keeps a dog to protect his own premises. A licence is required only by a person—and this includes a corporation—whose business it is to hire out guard dogs to other people.

The purpose of subsection (2) is to prohibit a person from using or permitting the use on any premises of a guard dog if he knows or has reasonable cause to suspect that the dog is normally kept at unlicensed premises. That is complementary to subsection (1), and means that it will be more difficult for the unscrupulous owner of a guard dog who keeps his dog in unlicensed kennels to find business. The owner of premises who hires a guard dog kept in unlicensed premises runs the risk of prosecution for permitting the use of the dog knowing or having reasonable cause to suspect that the dog was from unlicensed kennels. The maximum penalty for an offence under subsection (1) of keeping a dog without a guard dog kennel licence and under subsection (2) of using or permitting the use of a guard dog kept in unlicensed kennels is a fine of £400 on summary conviction, as contained in Clause 4.

I turn to new Clause 2. I presume that if there is a vote there will be a separate vote on new Clause 2. The clause relates to guard dog kennel licences. The effect of the clause is to make local authorities the licensing authorities in respect of guard dog kennels. Subsection (1) empowers a local authority to grant a licence provided that the application is made on the prescribed form and that the prescribed fee is paid. The licence will be in respect of guard dog kennels within the local authority area. If a security organization has kennels in more than one local authority area, it will require a licence from each of the local authorities. The form, fee and other details of the licensing scheme will be prescribed in regulations made by the Secretary of State.

Subsection (2) requires a licence to be subject to the prescribed conditions—that is so say, the conditions laid down in regulations—as defined in a subsequent amendment, and at the same time permits the local authority to lay down such other conditions as it thinks fit. For example, the local authority may wish to specify the maximum number of dogs that may be kept in a particular kennels as a condition of the licence granted in respect of the kennels.

Subsection (3) provides for annual licences. That will enable a local authority to inspect a kennels at least once a year if it should wish to do so. By allowing a licence to run for a year from its commencement, the work load on the local authority will be spread more evenly over the year.

The purpose of subsections (4) and (5) is to empower a court to cancel the licence of a holder of a guard dog kennel licence who is convicted of cruelty to animals, and to suspend the cancellation pending an appeal. It is usual to make a provision of this kind, and examples can be found in Section 3(3) of the Animal Boarding Establishments Act 1963 and Section 4(3) of the Riding Establishments Act 1964.

Subsection (6) brings the Inner and Middle Temples within the City of London for the purposes of the Bill. The City of London comes within the definition of a local authority.

The effect of Amendment No. 9 is to enable the details of the licensing procedures and the conditions of the licence to be prescribed by regulations. These matters have not been included in the Bill because they are matters of detail which are better left to regulations, which can, if necessary, be more easily amended in the light of experience.

The contents of the regulations would be the subject of consultation with organisations, such as local authority associations, which have an interest in the provisions. The amendment covers all matters on which it seems likely that regulations will be required. At the same time it gives the Secretary of State power to make such incidental or supplementary provision as he considers appropriate. Among the more important matters which may be the subject of regulations are the following.

It is clearly right that the local authority should be able to revoke a licence if the holder has committed serious breaches of the conditions of his licence. It is usual to provide a right of appeal against a refusal to grant a licence or against the revocation of a licence. The intention is to make the licensing scheme self-financing by fixing fees at levels which will repay local authority expenditure.

New Clause 2 provides for a prescribed fee for licences, and Amendment No. 15 to Clause 5 defines "prescribed" as meaning "prescribed by regulations". It will also be possible to charge a fee for inspecting premises. An inspection will be necessary before the local authority can decide whether to grant a first licence for the premises. There will also be circumstances in which it is right to require a fee to be paid for an inspection of the premises before a further licence is granted. Where the licence holder dies it would be wrong to bring the business to a halt until a new licence can be granted. Regulations could provide for the transfer of the licence to, for example, the personal representatives of the late licence holder.

I agree with some of the criticism of the Bill that was made in the form of points of order. The Bill is complicated and difficult to understand, but that is not a unique experience in the House. I have frequently sat on Committees in which I have suffered exactly the same difficulty. Although I sympathise with hon. and right hon. Members who find the Bill difficult, I assure them that I have often suffered this difficulty in the past. I apologise for what has happened.

I deny that the Bill is drastically changed from its original form. There are only slight changes which became necessary in the light of discussions. The purpose of a Committee stage is to take note of objections, to make allowances for them and to change the Bill in the light of the criticisms. That is what we have tried to do. I agree that the Bill is not simple to follow, but events have shown that it is necessary to improve the present position.