FOI Request - Dog Breeding Licences and Selling

Request 101003592861

1. Is it legal for someone who has a dog breeding licence to retain legal ownership of a dog and hold breeding rights over that dog, but for the dog to live in another location (not the address listed on the licence) with another family/person i.e. a proxy owner (also not listed on the licence)?

2. If this is allowed, would the number of dogs held at other locations with proxy owners be included in the number of dogs listed on the licence?

3. In this scenario would the licensee be able to sell puppies from this dog that is kept at a separate location?

4. Would a breeding licence be issued for any of the above scenarios? Would a different licence be needed to carry this out (e.g. a pet shop licence)?

5. What advice would the council give to someone who is seeking to do the above when applying for a dog breeding licence?

Please give explanations with answers to the above questions.

Response 16-07-2024

Please be advised that Section 17 of the Freedom of Information (Scotland) Act 2003; information not held, is applicable. The Council does not currently hold records that clearly answer these questions, and we would recommend that independent legal advice should be sought for particular cases. Citizens Advise Bureau may be able to assist https://www.citizensadvice.org.uk/ . The Council does have further information on its dog licence and dog breeding webpages: http://www.moray.gov.uk/moray_standard/page_1806.html and http://www.moray.gov.uk/moray_standard/page_103859.html

The activities that require a licence are clearly set out in law, and undertaking the activity means a licence is required. We can confirm that a licence will be issued where a valid application is made and both: (a) the applicant is considered to be a fit and proper person to be a licence holder; And (b) any premises are considered to be suitable for the proposed activity in terms of animal welfare. So the applicant is subject to checks like a criminal records check and each/every premises will be subject to a vet's inspection and report. If there are any objections or problems then the application may be referred to the Council's Licensing Committee for a decision.