|
|
|||||
Search In BriefOver a thousand pages of free legal information written by our selected team of legal experts |
|||||
Browse Legal Topics |
Ask a Solicitor Online |
||||
|
|
|||||
|
|
|||||
Search In BriefOver a thousand pages of free legal information written by our selected team of legal experts |
|||||
Browse Legal Topics |
Ask a Solicitor Online |
||||
|
|
|||||
Where a person wishes to “keep a riding establishment” he must, in accordance with the Riding Establishments Act 1964, obtain a licence from his local authority.
A riding establishment is a business which keeps horses either for letting out on hire for riding and/or which provides riding lessons in return for payment.
The regulations apply to mares, geldings, ponies, foals, colts, fillies, stallions, mules, asses, and jennets.
There is no requirement to hold a licence where horses are kept solely for police purposes or by the Zoological Society of London, or kept by a university for the purpose of the instruction of students studying for an approved course leading to a degree in veterinary science. Where horses are kept on land occupied by, or under the management of, the Secretary of State for Defence there is also no requirement for a licence.
If a person is disqualified from keeping a riding establishment, a pet shop or an animal boarding establishment a licence cannot be granted.
If a person is disqualified from owning, keeping, dealing in, having custody of or transporting animals a licence cannot be granted.
A person who is under the age of 18 cannot be granted a licence.
It is a criminal offence, when applying for a licence, to knowingly, or recklessly, provide false information or to make a false statement. Where a person commits such an offence they may be fined and/or imprisoned. In addition any licence granted may be cancelled and the person may be disqualified from keeping a riding establishment for such period of time that a Court considers fit.
A local authority is required to obtain and consider a vet’s report before it is allowed to grant a licence. The vet must have inspected the relevant premises not more than 12 months prior to the application or since the date of the application.
When deciding whether to grant a licence the local authority will take into account the suitability of the applicant or his manager and the suitability of the accommodation and the pasture.
The local authority will want to ensure that there are adequate provisions relating to the health, welfare and exercise of the horses and that reasonable precautions will be taken to prevent the spread of disease and to guard against fire. The local authority will also want to ensure that the horses are suitable for the purposes for which they are kept.
If a local authority is not satisfied that a permanent licence should be granted it has the power to grant a provisional licence for 3 months.
A person is forbidden from keeping a riding establishment under a provisional licence for more than 6 months in any one year.
Every licence is subject to certain conditions even if these are not expressly set out in the licence itself. These are that any horses, found on inspection to require veterinary attention, will not be used until certified fit; that provision is made for the proper supervision of riders who require it; that the business will not be left in the charge of a person under the age of 16 years; that proper insurance will be held; and that a register of horses aged 3 years and under will be kept.
A local authority may specify additional conditions. For example, it may be a condition of the licence that an applicant must hold an Assistant Instructor’s Certificate, Instructor’s Certificate or fellowship issued by the British Horse Society or a fellowship of the Institute of the Horse.
If a person wishes to appeal against any conditions of a licence then they may do so by making an appeal to the Magistrates’ Court.
Where a person contravenes a condition of a licence they commit a criminal offence and may be fined and/or imprisoned. The licence may also be cancelled and the holder may be disqualified from holding a licence for such period as a Court thinks fit. Where a Court cancels a licence or disqualifies a person, it may suspend the operation of the order pending an appeal.
Any licence granted will, unless cancelled in the intervening period, need to be renewed on an annual basis.
If the holder of a licence dies the licence passes to his personal representatives for up to 12 months.
If a licence is refused the applicant may appeal to the Magistrates’ Court.
Where a person is required to obtain a licence and they fail to do so they commit a criminal offence and may be fined and/or imprisoned. They may also be disqualified from holding such a licence for such period of time that the Court thinks fit.
A local authority has the power to inspect, or authorise a person from another local authority or a vet to carry out an inspection on its behalf, any premises at which it believes a riding establishment is being kept, whether licensed or not.
Where an inspection is carried out the inspector has the power to enter the premises and inspect the horses and things at the premises, for the purpose of making a report or in order to establish whether an offence has been, or is being, committed under the Riding Establishments Act 1964.
It is an offence to conceal, or cause to be concealed, any horse where the intention is to avoid an inspection of the horse, punishable with a fine and/or imprisonment. It is also a criminal offence to wilfully obstruct or delay such an inspector, punishable with a fine. In addition the Court has the power to cancel the licence and disqualify the person from keeping a riding establishment for such period as it deems fit.
In addition to the requirement to hold a licence there are a number of specific criminal offences relating to riding establishments. Where one of these offences is committed the Court has the power to fine and/or imprison the offender, cancel their licence and disqualify them from keeping a riding establishment for such period as it considers fit.
It is an offence to hire out a horse, or to use a horse for the purpose of providing riding lessons in return for payment or for demonstration riding, if the horse is in such a condition that riding it is likely to cause the horse suffering, or if the horse is less than 3 years old, is a mare heavy with foal, or has foaled within 3 months.
It is an offence to fail to provide suitable care for sick and/or injured horses kept for the purpose of hiring out, for the purpose of providing riding lessons in return for payment or for demonstration riding.
It is an offence to supply defective equipment, for a horse which is hired out, and which is likely to cause suffering to the horse.
Further offences relating to the welfare of animals in general were created by The Animal Welfare Act 2006.
It is an offence to supply defective equipment, for a horse which is hired out, and which is likely to cause an accident to the rider of the horse.
It is an offence to knowingly allow a person disqualified from keeping a riding establishment to have control or management of a riding establishment.
Ask your legal question using the box below and have a response from solicitor or barrister within minutes.
