How to become a licensed breeder?

What is a Licensed Breeder?

There is always confusion in the breeding industry about what a reputable breeder is and what a licensed breeder is. The truth is anyone can be a breeder and take good care of their animals. However, there are certain standards that breeders who sell dogs have to adhere to and this where licensing comes into the resoponsibility of the breeder.

Main questions

• What is a licensed breeder?
• Who is exempt from having a breeding licence?

What does a licensed breeder do?

A licensed breeder in the UK is someone who holds a local authority license to breed dogs, in compliance with specific animal welfare regulations. The key points about licensed breeders include:

1. Legal Requirements: Breeders must comply with the Animal Welfare (Licensing of Activities Involving Animals) (England) Regulations 2018, which set standards for animal care and welfare. This includes ensuring suitable environments, diets, and protection from pain, suffering, injury, and disease.
2. Licensing Criteria: A licence is required if a breeder breeds three or more litters of puppies in a year or if they carry out breeding as a business to make a profit. The local authority evaluates applications based on the breeder’s ability to meet these standards, and licenses must be prominently displayed at the premises.
3. Inspection and Compliance: Local authorities conduct inspections, sometimes unannounced, to ensure compliance with the regulations. Breeders are rated on a star system, with higher ratings leading to fewer inspections and lower fees. Breeders must keep up-to-date records and make them available for inspection.
4. Breeding Standards: Breeding dogs must be fit for breeding, considering their genotype, phenotype, and overall health to prevent any detrimental effects on their welfare or that of their offspring. Annual veterinary checks are typically required.
5. Record Keeping: Detailed records of each breeding dog, including microchip details, breeding history, veterinary treatments, and health records, must be maintained. Records of puppy sales, including microchip numbers and sale dates, are also required and safely stored with breeding licence software such as Digital PawPrint
6. Sales and Advertising: Licensed breeders must not sell puppies younger than 8 weeks and must ensure that any advertisements include the license number and details of the issuing authority. Puppies must be shown with their biological mother unless separation is necessary for health reasons.

Licensed breeders must follow strict guidelines and maintain high standards of animal welfare to ensure the health and well-being of both breeding dogs and puppies. Compliance with these regulations helps protect the animals and ensures ethical breeding practices.

Who is exempt from a breeding licence

In the UK, there are specific exemptions where individuals do not require a breeding license. These exemptions are outlined under the Animal Welfare (Licensing of Activities Involving Animals) (England) Regulations 2018 and related guidance. Here are the key exemptions:

1. Small-Scale Breeders: Individuals who breed less than three litters of puppies in a 12-month period and do not sell the puppies as part of a business are exempt from needing a breeding license. This applies to hobby breeders who do not meet the threshold of litters or the business test​​.
2. Not for Business: Breeders who can demonstrate that they are not carrying out breeding activities with the intention of making a profit or as part of a business do not need a license. Factors considered include the volume of sales and the consistency with which dogs are bred and sold. Even if fewer than three litters are bred, if there is evidence of trading activity (e.g., regular advertisements for puppies), a license may still be required​​.
3. Charity Organisations: Registered charities that rehome dogs and may occasionally have puppies as a result of taking in pregnant bitches typically do not require a breeding license, as their primary purpose is rescue and rehoming rather than breeding for sale​​.
4. Family and Friends: Individuals who breed a litter from their pet dog and give the puppies to family or friends without any financial transaction are generally exempt from needing a license, as this does not constitute a business activity​​.

These exemptions aim to ensure that the licensing regulations target commercial breeding operations while allowing hobby breeders and individuals with occasional litters to operate without the need for a license, provided they meet the specified conditions.

For those uncertain about whether they need a license, it’s advisable to consult local authority guidelines or seek legal advice to ensure compliance with the current regulations.

Does the requirement change depending on the local authority?

Yes, local authorities in the UK have some discretion in how they implement and enforce the regulations for dog breeding licenses.

While the overarching framework is provided by the Animal Welfare (Licensing of Activities Involving Animals) (England) Regulations 2018, local authorities can have additional requirements or variations in their interpretation and enforcement practices.

Here are some ways the requirements might differ:

Inspection Standards from Local authorities may have different standards or criteria for inspections. For instance, one council might have more stringent criteria for facilities and animal welfare compared to another.

• The Application Processes process for applying for a dog breeding license can vary. Some local authorities might require additional documentation or have different application forms.
• Licensing fees can vary between local authorities. The cost of obtaining and renewing a breeding license might differ depending on the area. This can also be due to vet costs being vastly different between practices.
• The level of enforcement and frequency of inspections can vary. Some local authorities might conduct more frequent unannounced inspections, while others may have a different approach to monitoring compliance.
• Some local authorities might impose extra conditions on top of the national regulations. These could include specific requirements for record-keeping, additional health checks, or more detailed welfare provisions.

To ensure compliance, it is essential to check with your local authority for any specific requirements or variations they might have in place. Contacting the local council’s animal licensing department directly is the best way to get accurate and detailed information relevant to your area.

Our surveys and breeder feedback suggest that this is an area that needs consitancy across all the boroughs. It could be argued that the various interpretations of the regulations are leading to people selling animals, paticually dogs without a licence which ultimatley leads to prosecution.

How do Local Authorities define a commercial breeding business?

Local authorities in the UK define a commercial breeding business based on several factors. According to the Animal Welfare (Licensing of Activities Involving Animals) (England) Regulations 2018, a person is considered to be running a commercial breeding business if they meet any of the following criteria:

1. Breeding and Selling Puppies: If a person breeds three or more litters of puppies in a 12-month period and sells any of the puppies, they are presumed to be operating a business.
2. Business Test: Even if a person breeds fewer than three litters per year, they might still be considered a business if they are found to be selling puppies in a manner that indicates a business intent.

The key factor to this is the 9 Badges of Trade. A common misunderstanding is that as long you earn under a threashold of £1000 you can sell puppies. This is not case.