Zoo and Wildlife Solutions...Zoo and Wildlife Solutions [email protected] For: • LA Inspections (Informals and Specials) • Welfare, H&S Investigations • Consultancy

Zoo and Wildlife Solutions

www.zooandwildlifesolutions.com

[email protected]

For: • LA Inspections (Informals and Specials) • Welfare, H&S Investigations • Consultancy to Zoos • Training

THE ZOO LICENSING ACT (1981) AS AMENDED 2002

Implementation of

Challenges

• High Profile Cases – keeper deaths & animal welfare

• Political Interest • LA Resources, Restructuring • Clumsy Legislation, Slow to React • Inspectors

Born Free and ADAS Reports • Failure to issue licenses• Inappropriate transfers of licences• Inappropriate dispensations • Failure to undertake inspections • Failure to place measurable conditions • Failure to undertake informal inspections• Failure to enforce conservation measures• Failure to require appropriate enclosures

and animal care

Resources

• Zoo Licensing Act • Secretary of States Standards of Modern

Zoo Practice • Zoos Expert Committee Handbook • Guide to the Acts Provisions • HSE Guidance • BIAZA Guidance

Issues with Zoo Licensing • Defra inspectors are technical specialists – have

little legislative experience.• LA changes in staff, lack of resources, rare

licence• LA not managing process well and ensuring

compliance• SSSMZP is complex and open to interpretation • Conditions worded poorly therefore

unenforceable • ZEC Handbook – guidance only • Reports and conditions ability to withstand

legal process• No case law so legal advice difficult

What is a Zoo ? • Children’s farms with a few exotics• Tropical houses and butterfly gardens• Birds of prey centres• Aquariums • City zoos • Safari parks • Attractions with animals

Operation Systems

Receive no government funding.

• Privately owned• Commercial companies • Charity society zoos• Local Authority zoos

Value of Zoos

• 22m visited the Top 100 zoos in the UK in 2011

• 6,000 people are employed by the Top 100 Zoos in the UK

• Education – 1.5m Children in 2011• Conservation - £20m per annum • Volunteers – 5,000 people• Small, local businesses • 1000+ young people receiving training in zoos

The Zoo Licensing Act 1981

• UK had Zoo Licensing for several years before European Legislation introduced in 2002

• Implements EC Directive 1999/22 – DG Environment and therefore is related to BIODIVERSITY and CONSERVATION

Aims of European Zoos Directive

• Good standards of animal care to satisfy the biological needs.

• To ensure high standard of preventative and curative veterinary care and nutrition

• Participate in conservation, education and research

Implementation in the UK

Defra – Policy owner – small policy team• Produce SSSMZP and other guidance• Zoos Expert Committee• Appoint Inspectors

APHA – Inspection Team• Operate SoS inspectorate

Local Authority Responsibilities

• Ensure licences are in place• Ensure inspections are undertaken• Ensure compliance with the Act following

advice from SoS Inspectors • Take into account other legislation • Raise concerns with other LA

Departments• Licence administration • Enforcement

What is a Zoo ? • Open > 7 days a year• Animals not normally domesticated in

the UK exhibited to the public• Temporarily closed zoo • Closed zoo during relocation of the animals.

But• Private collections visible from public land• Collections only viewable by members of a club or

association• Collections in free access retail areas – garden

centres, public parks

What is NOT a Zoo ?

• Open less than 7 days in a 12 month period

• Site with ENTIRELY domesticated animals

• Circus• Pet Shop • DWA Licensed premises

What is a Wild Animal ? True domestic breeds and species – kept for so long and in large numbers that their status as domesticated is justified.

True domestic breeds and selectively bred wild species introduced relatively recently but so commonly kept outside of zoos

True domestic breeds and selectively bred wild species introduced relatively recently but in such low numbers cannot be considered as ‘normally’ domesticated

Wild speciescommercially farmed or widely bred by hobbyist but where this is so recent they cannot be considered ‘normally domesticated’

True wild species where domesticity is not seriously suggested

horses, cattle, sheep, pigs, dogs, cats, ducks, chickens

Guinea pigs, Hamsters, Peacock, Koi carp, LLAMAS and ALPACAS

Camels, Water Buffalo, Ankole Cattle and REINDEER

Deer, Ostrich, Bison, Aquarium and Pond Fish, Cage and Aviary Birds

Zoo Animals

NO NO YES YES YES

Dispensations 14.1a Dispensations Application for dispensation made to DefraSoS by LOCAL AUTHORITY supported by Vet’s letter. • Traditional deer parks• Collections small non-hazardous and non-

conservation-sensitive species excluding mammals. Not exceeding 120 animals

Consider:H&S, Protection of Wild Fauna, BiodiversityLA has NO POWERS OF INSPECTION under ZLA

Dispensations

14.1 b Dispensation Same circumstances as a 14.1aBUT: Collection DOES have a Periodical or Special Inspection (or both) but not a License inspection or Informal Inspection

Dispensations

14.2 DispensationZoo Operator Applies to DefraDefra seeks opinion of LA• Small collections of animals where the

hazardous or conservation-sensitive component of the collection is less than 50 animals.

Inspection ONLY requires 1 SoS inspector (no requirement for LA Inspectors).MUST MEET ALL OTHER REQUIREMENTS

What is a Hazardous Animal ?

Hazardous AnimalList 1 and List 2 in SSSMZP (most of the book)

Conservation-Sensitive • Listed in Appendix 1 of CITES • IUCN Red List VU, E, CE, EW

A New Zoo 1. Operator gives notice to LA2. Publish intention in 1 local and 1 national

newspaper and notices as proposed site.3. Plans to LA and made available to public viewing4. Operator completes Application Forms5. LA takes account of representations 6. Planning permission 7. Decide on License required and arrange

inspection. 8. Use Zoo 3 form – consider if likely to meet

standards9. 1 year later – Periodical Inspection on a Zoo 2 formSee pages 37, 38, 39

Transfer of a Licence

License can be transferred with approval of LA. Must:• Transferee suitable to hold the license –

knowledge and experience • Be able to comply with Section 1 A of

the Act • All Conditions and Directions transferred

and are accepted by new operator.

Inspection TimelineYear 0 License Renewal or Periodical

InspectionLA Inspectors x 2LA Vet 2 x SoS Inspectors

Year 1 Informal Inspection (or Periodical if a New License)

LA Inspector(LA Inspector, LA Vet, 2x SoS Inspectors)

Year 2 Informal Inspection LA Inspector

Year 3 Periodical Inspection LA Inspectors x 2, LA Vet, 2 x SoS Inspectors

Year 4 Informal Inspection LA Inspector

Year 5 Informal Inspection LA Inspector

Year 6 Periodical Inspection (no later than 6 months before end of the year)

LA InspectorLA Vet2 x SoS Inspectors

General Process• LA gives at least 9 months notice of pending

inspection to Operator. (Used to be reminded by Defra no longer happening due to budget cuts).

• Zoo MUST apply at least 6 months before expiry of existing licence

• First Licence lasts 4 years and subsequent ones 6 years

• If zoo has developed or changed significantly can require a NEW LICENCE if a Renewal inspection

• Generally give 6 weeks notice to everyone• MUST give operator 28 days notice and inform of

inspection team • Zoo can refuse SoS inspectors

Preparing for Inspections • Ask Licensee to complete Pre-Inspection Audit • Review Conditions on License and check

compliance• Check if a Periodical or Renewal • Consider other LA Officers • Send to Inspectors Licence Last report Informal Inspections Special Inspections (if any) PIA Complaints, Correspondence, Action under other

legislation

Roles and ResponsibilitiesSoS Inspectors • Technical aspects of zoo licensing • NO experience of policy or legislation other than ZLA • NO H&S expertise and this IS included in legislation• Write the Report

LA Inspectors• Not expected to be a Zoo Expert • Enforcement, Local Government Framework, Wider

Legislation• Proper and Legal Implementation• Take SoS Inspectors Recommendations • Issue the Licence• Informal Inspections

Roles and ResponsibilitiesLA Appointed Vet• MUST have some knowledge of Zoo Licensing• MUST have some knowledge of zoo animal care, veterinary

medicine and zoo operations• MUST have some knowledge of policy and legislation

implementation• CANNOT be the zoo’s own vet

RoleSpecific advice to LA on implementation of the Act Can be called on to undertake Special Inspections Understand LA priorities and concerns – H&S, Planning, Environmental Health

CAN be an SoS Inspector and I would recommend this

Informal and Special Inspections

• Informal Inspections required as part of the license can be 1 LA Inspector

• Can be done as a ‘Secret Shopper’ but then no access to behind the scenes.

Special Inspections: 1 LA and 1 LA Vet• In response to enforcing conditions • In response to an incident of concern• In response to major licence change • In response to a complaint Zoo must be notified purpose and team

Other Legislation Can review and consider other legislation and make ‘Recommendations’.

• Public Health and Safety• Environmental Health • Animal Health and Welfare Legislation• CITES Legislation • Wildlife and Countryside Act• Child Protection Legislation

• Must NOT attach conditions that relate only or primarily to health, safety and welfare of zoo employees.

Fees and Charges

Operator Pays for InspectionLA charge for: • Inspection Administration• Inspectors • Veterinary Inspectors • SoS Inspectors

SoS Inspectors invoice the LA for their time and expenses at £72.53 an hour (maximum 8 hours) then second day is required.

Secretary of States Standards of Modern Zoo Practice

• Animal Care and Welfare – based on 5 Provisions (Nutrition, Environment, Healthcare, Behaviour

• Transportation and Movements• Conservation, Education, Research• Public Safety• Stock Records• Staff and Training• Public Facilities

Conservation, Education & Research

• Research from which conservation benefits accrue

• Training in relevant conservation skills • Exchange of information relating to species

conservation• Where appropriate, captive breeding,

repopulation or reintroduction of species

Contribution ‘proportionate to the size and type of the zoo’• Zoos’s Expert Committee Handbook• Benchmarks Produced.

Example Condition • In accordance with 7.8, 7.9, 7.10, 7.12, 7.13 of the

SSSMZP (2012) the zoo must produce a written education strategy and implementation plan. This should include an educational mission statement and how the plan applies to different types of visitors. Education activities must be recorded and evaluated .

• In accordance with 7.5 , 7.13 of the SSSMZP (2012) a conservation strategy and implementation plan must be produced setting out how the zoo will enhance its statutory Section 1A (conservation measures) delivery. A record must be kept of the activities and should include an evaluation of their effectiveness.

Health & Safety

• LA Health & Safety Enforcement Officers responsible for inspections – REALLY helpful to combine with ZLA Inspections.

• Health & Safety at Work – specifically excluded

• ZLA Inspectors will notify operator and enforcing authority.

• Granting of a Zoo License does NOT signify compliance with HSW Act.

Health and Safety Executive

Produced Guidance:• Managing Health

and Safety in Zoos• Zoonoses Guidelines

– HSE/HPA/BIAZA

H&S at Zoo Inspections

ZLA Inspection team will raise issues of concern with Zoo Operator and also inform LA. • Can include recommendations and

conditions – usually require evidence issue has been addressed by enforcing agent.

• Section 5 (7) ZLA – ‘The authority shall not attach a license condition which relates only or primarily to the health, safety or welfare of persons working in the zoo’

Health and Safety in Zoos• Unique environment posing specific

hazards to health and safety – animals • Visitor attraction – hazards to general

public• Workplace – hazards to employees• Legislation – some zoo specific and some

wider, more general

Public Facilities

• First aid equipment and facilities • Trained staff • Instructions for human injury (RIDDOR)• Facilities for visitors with special needs • Toilet facilities • Car park safety • Trains, trams, monorails, golf buggies etc

Visitor Health and Safety

• Animal Interactions• Walkthrough exhibits• Drive through exhibits• Zoonotic diseases• Outreach activities • Public facilities • Public Health and Safety Hazards

Public Safety in Zoos

• Risk Assessment should be undertaken• Public Liability Insurance Certificate• Signage and warnings • Exits and Entrances• Slips, trips, handrails, walkways• Tree maintenance• Barrier integrity • Water Safety

In accordance with 8.13, 8.15, 8.18, public walkways must be maintained in safe condition. Measures must be taken to reduce likelihood of slipping on all wooden surfaces. Where the operator has deemed weather conditions have caused slipping risks, the walkways must be closed with a physical barrier. The unfilled holes at the bases of the restaurant platforms must be rectified within 4 weeks. The effect of walkway and platform stantions being submerged in water for prolonged periods should be assessed for deterioration and structural stability and a maintenance programme of structural repairs needs to be documented. A report must be produced for the Licensing Authority. Implementation within 3 months.

SSSMZP – Protection of the Public

• Escape procedures and protocols• Escape drills• Firearms availability• Firearm training• Firearm storage and maintenance• Dangerous drug handling• Chain of responsibility• Review and reporting

Animal Interactions

MAJOR draw and very popular • Keeper talks• Trained animal shows• Contact sessions • Touch pools • Feeding sessions • ‘Special’ experiences – keeper for the

day etc.

Public Contact with Animals

• SSSMZP • Contact allowed – same space to riding • Behaviour of animal – avoid or ‘mug’• Food involved ? • Barriers and restrictions • Supervision – volunteers, hosts, keepers• Environment used for contact – surfaces, walkways, water

Animal Interactions

MUST be written RISK ASSESSMENTAnimal Welfare MUST not be compromised• Rotation of individual animals used• Training of staff (volunteers) • Announcements and signs expected

behaviour• Handwashing afterwards • Supervision in walk throughs

Public/Animal Contact

ZLA – 3 categories –Greater Risk, Less Risk, Least Risk• Anomalies in

assessments• Individual variations

Herd Included 3 Stags

Example Condition - Animal Experiences

A full and detailed revised risk assessment must be undertaken for the 'Keeper for the day' experience with large carnivores. There should always be a one keeper to one participant supervision ratio. Within 3 months

Zoonoses

• Diseases from animals to humans

• Direct or in direct contact

• Minor – Life threatening

• Specific risks to old, young and immunocompromised

Zoonotic Diseases SHOULD have RISK ASSESSMENTSZEC Handbook chapter • Visitor/Animal Contact• Signage and other information • Handwashing• Staff Prophylaxis• PPE • Protocols for separating visitors from animal

waste etc• Waste disposal • Animal Pathogen Testing

Example Condition – Hand Washing

A full risk assessment including zoonotic disease risks must be completed for the reptile and invertebrate handling sessions. Full hand washing facilities with hot running water and soap must be provided in the same location as the presentation. Comprehensive signage informing the public of the potential risks and that handwashing is essential must be installed. All to be in place within 1 month.

Examples conditions – Free ranging Animals

• In accordance with Appendix 6.3 of SSSMZP a risk assessment must be undertaken and regularly reviewed to ensure potential zoonotic pathogen transfer from the blue peafowl defecating on picnic tables and the play areas is mitigated, following the guidelines outlined in the HSE document Managing Health and Safety in Zoos (immediately)

Other Issues

• Firearms Provision and Use • Venomous Animals – Anti-venom

availability • Animal contact protocols • Working with List 1 Hazardous Animals

especially carnivores and elephants • Fire plans and escapes • Vermin Control

Escape Response and Firearms

• Enclosure design• Perimeter• Procedures• Training • Firearms • Police Involvement • Dart Rifles and Access to Drugs

EnforcementRecommendation = made at an inspection documented but not enforced may become a condition at next inspection.

Condition = A requirement which must be completed in a defined time period – may trigger a special inspection. Should be removed when completed. Must NOT be primarily associated with H&S at work.

Direction = Requires compliance or will close the zoo permanently. Must stipulate steps required, timescale and require partial or complete closure of the zoo. 28 days appeal to Magistrates Court .

Inspection Process• Inspectors write report and deliver to LA• If Renewal or New Inspection – can refuse licence• Need to check that they have delivered Conditions

on previous licences including Section 1 and 2. • If not can serve Direction. If complied Section 3

conditions can be removed or if necessary re-issued. • Recommendations not delivered can become

Conditions • New Recommendations and Conditions applied. • Need to consider timescales and how to ensure

compliance – correspondence, informal or special inspections.

• Send report to licencees – they have 28 days to appeal in Magistrates court

• No appeal – issue licence.

Conditions on a Licence

Section 1 Conditions • MUST be on all licences

Section 2 Conditions • Ensure proper conduct of the zoo and are ongoing

Section 1 and 2 Conditions allow IMMEDIATE Directions following inspections

Section 3 Conditions • Generated from inspections - MUST be time limited

EnforcementALL licenses must have CONDITIONS to implement Section 1A of the Act. • Research from which conservation benefits accrue• Training in conservation skills• Appropriate breeding of animals in captivity• Exchange of conservation information• Promoting public education and awareness of conservation

of biodiversity• Accommodating animals under conditions which satisfy the

biological and conservation requirements of the species• Preventing the escape of animals• Preventing the intrusion of pests and vermin• Keeping up to date records.

SECTION 2 CONDITIONS

Examples Include: • Within 1 month of renewal of the Public

Liability Insurance send copy to LA

• Notify at least 1 month in advance of acquiring Category 1 animals

• Notify ASAP and within 24 hours of escape of any animal

In Between SoS InspectionsAs a Minimum:

You Should: • Receive Animal Inventory in January • Receive any requirements of

standard or current conditions. • Undertake an informal inspection

annually.

In Between SoS Inspections You may have to :• Approve documents demonstrating compliance

with a condition • Approve acquisition of a Category 1 Animal • Approve new enclosure or facilities development• Approve change in ownership or management • Investigate an Animal Escape • Investigate a Human Accident• Respond to Complaints

You could: • Seek SoS Inspectors Advice • Informal Inspection• Special Inspection • Require New Licence Application (Radical Changes)

Special Inspections• Compliance of Conditions & Directions • Major New Development • Complaint by 3rd Party (usually do informal first)

• Major Incident• Any Other Circumstances Justified

• Communicate purpose and scope • Communicate date and time • LA Appoints Inspectors – No Right of Appeal

Enforcement

Changing a Licence: • Vary, cancelling and adding new

conditions at informal or special inspection.

• Direction• Zoo Closure Notice

Enforcement

CRIMINAL OFFENCES

• Operating a Zoo without a Licenses• Failing to comply with Directions • Obstructing an Inspection • Variety of offences during closure process• Failure to display the licence at the entrance

Direction Where LA not satisfied condition has been met Section 16A REQUIRES that a direction is issued. • Must state which conditions on current

license have not been met • State whole zoo or section of zoo • Must specify the steps to be taken –

quality of conditions • Need to decide if to close whole or part

of the zoo –why would you close part of the zoo or all of it ??

• Can revoke, vary or extend but not beyond 2 years

• 28 day Appeal

Closing a Zoo

• Condition(s) not met following a direction• Refusal to Renew a License• Refusal of a New License • Director or member of staff has a conviction

under Animal Welfare Act (2006) • Zoo Operator must submit plan for

arrangements of animal disposal and care • LA must approve – if cannot – LA takes over

plan and seizes assets to cover costs

Conclusions

• Local Authorities are responsible for managing Zoo Licensing

• It is the LA’s inspection – NOT Defrasor the SoS Inspectors

• LA Officers are the Legislative Experts – NOT the SoS Inspectors

• Technical help is available – SoSInspectors AND LA Appointed Vet

Conclusions

• Set the tone – it is NOT a right to have a zoo license

• Be consistent – don’t let things go • Do a comprehensive inspection • Follow issues up – ensure enforcement • Do develop a positive working relationship

with your zoos • Provide feedback to APHA on Inspectors

Zoo and Wildlife Solutions

www.zooandwildlifesolutions.com

[email protected]

For: • LA Inspections (Informals and Specials) • Welfare, H&S Investigations • Consultancy to Zoos • Training