Most pet reptiles, small mammals and birds can be kept without any special permission, but a minority of species are regulated because of the danger they pose to people. The law that controls them is the Dangerous Wild Animals Act 1976. This guide explains what the Act and GOV.UK say about who needs a licence, what the council must consider, and what happens if an animal is kept without one. It concentrates on England and Wales and is general information, not legal advice.
What the Act does
Section 1 of the Act says no person shall keep any dangerous wild animal except under the authority of a licence granted by a local authority. The provisions discussed here are marked on legislation.gov.uk as extending to England, Wales and Scotland. Scotland has its own version of the schedule of animals, so a keeper in Scotland should check the Scottish list. Northern Ireland is not among the nations to which the licensing provisions are marked as extending.
GOV.UK tells people to apply to their local council for a licence to keep a wild animal, and gives the examples of wild cats, primates, wild dogs such as wolves, certain pigs such as wild boar, and marsupials. It adds that hybrid or cross-bred animals may need a licence depending on how far removed the animal is from its wild ancestor, and that anyone unsure should ask the local council.
Which animals are on the list
The list is the schedule to the Act, and section 7 says only its first column counts in a dispute; the common names in the second column are explanatory. The England and Wales version covers, among others:
- most primates, from capuchins and macaques to chimpanzees and gibbons;
- wild dogs and wolves, but not domestic dogs, foxes or raccoon dogs;
- most cats, including lions, tigers, leopards and servals, but not the domestic cat or the wild cat and certain listed small species;
- bears, hyenas, elephants, rhinoceroses, giraffes and wild pigs;
- cassowaries and ostriches;
- crocodilians;
- venomous snakes in the families Elapidae (including cobras and mambas), Viperidae (including adders and rattlesnakes) and Hydrophiidae, plus the gila monster and the Mexican beaded lizard;
- certain spiders, including widow spiders and funnel-web spiders, and buthid scorpions.
The schedule also covers hybrids where at least one parent is of a listed kind, with some exceptions for particular cat hybrids. Animals such as ferrets, rabbits and domestic cats and dogs are not listed, but the schedule itself should be checked for any animal in doubt. For the everyday care of unlisted reptiles, see the guide to reptile and amphibian pet care.
What a council must be satisfied about
An application must name the species and number of animals, the premises where they will normally be held, and be made to the council for that area by someone aged 18 or over who is not disqualified. It must be accompanied by a fee that the authority sets to meet its costs. Under section 1, the council cannot grant a licence unless it is satisfied that:
- granting it is not contrary to the public interest on grounds of safety, nuisance or otherwise;
- the applicant is a suitable person to hold a licence;
- the accommodation secures that the animal will not escape and is suitable for construction, size, temperature, lighting, ventilation, drainage and cleanliness;
- the animal will have adequate and suitable food, drink and bedding and be visited at suitable intervals;
- appropriate steps are in place for fire or other emergencies, and reasonable precautions are taken to control infectious diseases; and
- the animal can take adequate exercise at the premises.
The applicant should normally both own and possess the animal, and an authorised vet must have inspected the premises and reported to the council before a licence is granted. The council then decides whether to grant or refuse it and attaches conditions. A refusal, or a condition the licence-holder objects to, can be appealed to a magistrates’ court in England and Wales.
Duration and offences
Section 2 says that in England and Wales a licence comes into force when granted and remains in force for two years, and that a renewal application made before it expires keeps the existing licence in force until the council decides. If the licence-holder dies, the licence continues for 28 days for the personal representatives. Keeping an animal contrary to section 1(1) is an offence, and so is breaching a licence condition unless the person shows they took all reasonable precautions and exercised due diligence.
Section 4 allows the council to seize an animal kept without a licence, or in breach of a licence condition, and to retain, destroy or otherwise dispose of it without paying compensation. It can recover its costs as a civil debt from the keeper.
Exemptions
Section 5 disapplies the Act for animals kept in a licensed zoo, in premises in England licensed under the pet-selling activity in the Animal Welfare (Licensing of Activities Involving Animals) (England) Regulations 2018, in Welsh premises licensed as a pet shop, and at places specified under the Animals (Scientific Procedures) Act 1986.
Frequently asked questions
Can I keep a wolf hybrid or exotic cat without a licence?
Not necessarily. GOV.UK says hybrids may need a licence depending on the animal’s ancestry, and the schedule has specific hybrid rules, so the local council should be asked before acquiring the animal.
The bottom line
Keeping a listed animal in England or Wales without a council licence under the Dangerous Wild Animals Act 1976 is an offence and can lead to seizure. The council must be satisfied about the applicant, the safety of the premises and the animal’s care, backed by a vet’s inspection. The schedule, not the common name, is the test, and Scotland has its own version of the schedule.
Sources
- GOV.UK, “Apply for a licence to keep a wild animal”
- legislation.gov.uk, “Dangerous Wild Animals Act 1976, section 1: Licences”
- legislation.gov.uk, “Dangerous Wild Animals Act 1976, section 2: Provisions supplementary to section 1”
- legislation.gov.uk, “Dangerous Wild Animals Act 1976, section 4: Power to seize and to dispose of animals without compensation”
- legislation.gov.uk, “Dangerous Wild Animals Act 1976, section 5: Exemptions”
- legislation.gov.uk, “Dangerous Wild Animals Act 1976, section 7: Interpretation”
- legislation.gov.uk, “Dangerous Wild Animals Act 1976, Schedule (England and Wales): Kinds of dangerous wild animals”