ANALYSIS OF RESPONSES TO THE CONSULTATION DOCUMENT 'PROPOSALS TO REVISE EXISTING ANIMAL WELFARE LEGISLATION'
(17) Livery stables and yards
Paragraph 43 of the consultation document stated: Riding establishments and animal boarding establishments for cats and dogs are regulated but livery yards are not and we need to consider addressing this apparent anomaly. Do you think that livery yards should be licensed?
Overview
The 75 responders on this subject included 16 local authorities, their representative body, LACORS; one police force; 7 equine organisations including the national equine regulatory bodies; 18 individuals also responded.
Response to the proposal
Overwhelmingly, responders agreed that livery yards and stables should be licensed. A further responder, BVA Scottish Branch, suggested that they should be included in the legislation and an individual suggested that they should be regulated. A very small number considered that licensing should only apply to premises where only a specified number of horses were kept (The Brittany Club of Great Britain, Highland Council, individual). Some did not agree that there should be any further regulation and others suggested other ways forward:
There should be self-regulation backed by a voluntary code of practice. (Union of Country Sports Workers)
There should be compulsory accreditation. (individual)
There would have to be a proven need for licensing to ascertain whether it required to be introduced: 'Before imposing a statutory licensing system on livery yards/stables there needs to be a proven case for animal welfare concerns: we would want to see the evidence that supports the case for a licensing system'. (Scottish Countryside Alliance).
Extent of support for the proposals
Responders who believed that licensing should be introduced were positive about this development:
ABRS believes that every livery yard should be licensed, at worst regulated, and supports the work of the BHS, BEVA, ILPH and RSPCA in this matter. (individual)
BHS wholeheartedly welcomes moves to licence livery yards for the good of the horse. (British Horse Society)
BEVA supports the introduction of livery yard licensing as part of the proposals to revise animal welfare legislation in Scotland. (British Equine Veterinary Association)
The need for the introduction of licensing of livery yards and stables
A number of problems were noted with the current standards provided at livery stables and yards:
At present anyone can open a livery yard with no checks made on the care or the welfare of the horses. (British Horse Society, British Equine Veterinary Association, 2 individuals)
Many livery yards are owned and/or managed by persons who have little or no knowledge of animal husbandry or stable management. (individual)
Not all premises are of an appropriate standard. Farmers may have no expertise, and the housing care and other services often fall below minimum acceptable standards. (individual)
Standards of care offered by livery yards and particularly DIY livery yards vary enormously. The growth in horse ownership for recreation and leisure and increases in farm diversification has exacerbated existing problems. (NEWC)
DIY livery can cause a number of problems. A proprietor of a yard can face problems where an owner does not care for their horse's welfare. (individual)
Problems at [DIY] yards are often severe before any action can be taken by welfare bodies. (individual)
There is need for certain minimum standards. (Scottish Kennel Club, 2 individuals)
There is a danger of horses suffering through mismanagement, even though the best of intentions are meant. (British Equine Veterinary Association, British Horse Society, 2 individuals)
Many yards offer tuition to clients and this raises safety issues or insurance. (British Horse Society, NEWC, individual)
Yards that offer tuition for riding are not always licensed under the 1964 and 1970 legislation. If money changes hands then a livery yard is acting as a riding establishment. (individual)
Livery yards for horses are regulated only when under the voluntary BHS approved livery scheme. As a result only the better yards apply for this and there is a need for an incentive to encourage yards at the lower end of the spectrum to improve their facilities for both the animals and the owner. (individual)
Some yards were approved by a recognised body and others had no approval from anyone. (individual)
The exemptions for horses at livery yards can cause conflict and confusion, especially as there are a number of different types of livery available. (Stirling Council)
Non-coded premises need to be watched and these are a drawback to any attempt at voluntary licensing. (The Home of Rest for Horses)
There was currently a growth in the number of livery yards as a result of rural diversification and a growth in the popularity of riding as a sport and leisure pastime (British Horses Society). This is an area 'of growing importance as farmers increasingly diversify into equine businesses'. (RCVS)
The exclusion of livery stables and yards from a licensing scheme caused a number of problems within the equine industry and for local authorities undertaking their licensing and enforcement duties under the Riding Establishments Acts 1964 and 1970:
At present, many proprietors are escaping the requirements of the legislation by claiming that they are for livery only. (East Lothian Council)
At present, these are not subject to the regulations and accompanying costs with which licensed riding schools are required to comply and therefore are able to undercut charges and offer unfair competition. It is widely suspected that some of these businesses also operate as a riding school and offer regular instruction. (individual)
At present, all riding schools are required to be licensed by the local authority and the fees charged vary considerably from area to area. This is a source of discontent amongst proprietors. (individual)
The increase in the number of livery stables throughout South Ayrshire is giving disquiet among the licensing riding establishment owners, who perceive them as unlicensed riding establishments. This is helping to undermine the existing licensing system of riding establishments. (South Ayrshire Council)
A number of responders gave reasons why livery stables and yards should be licensed:
There is a large hole in the law. (individual)
If livery yards were more answerable, this would help to set a standard. (individual)
It would provide regulation to a sector which remains unregulated. (City of Edinburgh Council)
Licensing would go some way to regulating livery stables operating illegally as riding centres without either local authority licences or public liability insurance. (Trekking and Riding Society of Scotland)
Protect the welfare of horses. (British Equine Veterinary Association)
Improve welfare at these establishments. (Trekking and Riding Society of Scotland, South Ayrshire Council)
It would obligate the landowner to ensure the animal welfare of animals on their land and which is under their control, whether or not they own the animal. (LACORS)
It would provide for the welfare of the horses and ensure a high standard of service for people boarding their horses at these establishments. (Grampian Animal Defence League)
It would provide a set of minimum standards for the care of horses in this type of management system. (British Equine Veterinary Association)
It would provide minimum welfare, health and safety standards. (Fife Council)
It would keep controls on welfare and safety issues relating to the premises and in addition, would end once and for all the possibility that these premises are actually riding establishments, provided the same welfare criteria is adopted as for riding establishments. (South Ayrshire Council)
Concern at the introduction of licensing
A number of concerns were raised about the introduction of licensing and a licensing scheme:
Many livery yards are small scale and the cost implications, especially when the cost of the veterinary inspection in relation to the licence is added, may be an unacceptable burden. (East Lothian Council)
Licensing may result in increased bureaucracy and costs which may force them to close. This could only result in the reduced welfare of the horses. (Union of Country Sports Workers)
Licensing will result in the introduction of a 'wholly unnecessary' tier of administration and financial/time cost to a sector which is already severely disadvantaged. The Government has encouraged the agricultural sector to diversify into servicing leisure pursuits of this sort. (Scottish Countryside Alliance)
There should be a sliding scale of payment for licences. It is unfair that someone who has accommodation for three or four horses should pay the same as someone with a large commercial yard. (individual)
Local authorities would have increased responsibilities which would require to be funded. (City of Edinburgh Council)
The character of the licensing system and licensing conditions
The consultation document asked whether the livery yards should be licensed in the same way as other animal boarding establishments. A number of responders simply noted that the livery stables and yards should be licensed. However, others stated that licensing could be undertaken in two ways:
(1) Licensing should be in the same way as animal boarding establishments
16 organisations. (East Ayrshire Council, East Lothian Council, Falkirk Council, Glasgow City Council, West Lothian Council, The Royal Institute of Chartered Surveyors in Scotland, Scottish SPCA, Advocates for Animals, Grampian Animal Defence League, WAG, West Lothian Animal Rights and Veggies, Scottish Kennel Club, The Brittany Club of Great Britain, Munlochy Animal Aid, Catflap, Scottish Centre for Animal Welfare Sciences)
5 individuals.
(2 ) Licensing should be undertaken in other ways
One organisation, City of Edinburgh Council, felt that there were problems with bringing the livery yards within this licensing regime. It noted that 'livery yards do not give rise to similar animal boarding issues as each animal normally remains under the direct supervision and management of its owner. Licensing would therefore require to consider involving both the yard owner and the horse owner to ensure all welfare requirements are fully complied with. This dual responsibility differs substantially from animal boarding establishments which are normally in the control of one licensed individual'.
A small group also proposed that licensing should be brought in line with that for riding establishments. (Aberdeenshire Council, Trekking and Riding Society of Scotland, Scottish Equestrian Association, Macaulay Institute, NFU Scotland).
Licensing of livery yards
Responders noted two issues that should be considered in developing a licensing system for livery yards and stables. These were: (1) the definition of 'livery' (2) the person who should be given the responsibility for the horses.
(1) The definition of livery
Responders suggested that there was a need to define livery (Highland Council, North Lanarkshire Council, LACORS, Faculty of Advocates, ILPH, Central Scotland Police). However, they considered that there were a number of problems involved in developing a definition. First, the distinction between riding establishments and livery yards was 'far from clear in practice'. (RCVS). Second, a number of types of livery were available. 'Many horses are kept in a variety of environments and situations' (individual). In addition, 'a number of landowners allow horse owners to use a field or fields on a 'do it yourself' basis, where a number of horses are put into a field in exchange for payment to the landowner. The owner is responsible for the welfare of the horse' and 'care would need to be taken as to whether or not such arrangements are to be included or excluded' (Faculty of Advocates). In addition to 'DIY' livery, there was also full, part, working and grass livery (individual). There was also a close relationship between livery yards and riding stables, through the provision of riding. If lessons were provided at a livery yard, the horses did not belong to a rider, and if money changed hands, then a yard was considered to act as a riding establishment (individual). This situation raised problems where a stable had both a livery and a riding establishment within the same business (South Ayrshire Council). Some establishments also undertook a wide range of activities from breeding, training, all kinds of livery and riding school activities (individual). One responder considered that there was a need to 'catch all kinds of livery' (Central Scotland Police). 'The definition of livery may require to encompass a number of horses kept and payment for the facilities'. (LACORS)
A small number of organisations and individuals attempted to define the size of yard at which licensing should apply. This could be for more than three horses (individual), over five horses 'as one person cannot look after more than that number of horses efficiently' (The Brittany Club of Great Britain), or 'for larger scale undertakings' (North Lanarkshire Council). North Lanarkshire Council and Highland Council also suggested that legislation should not include situations where farmers/landowners help out people by keeping a couple of horses.
(2) The person who should be given the responsibility for the horses
A number of responders believed that the agreement between the different persons responsible for the horses in a livery yard should be considered:
· Licensing would require consideration of both the yard owner and the horse owner to ensure that all welfare requirements are fully complied with. (City of Edinburgh Council)
· The duty of care for those horses legally lies with the person who has taken money in return for providing care and accommodation; this leads to a blurring of responsibility for the animal's welfare. DIY livery is therefore a problematic area when the owner does not care for a horse yet the proprietor of the yard is liable for that lack of care. This situation emphasises the need for livery contracts. (British Horse Society).
· The legislation should include provision for contracts between yard and owner that clearly state the obligations of both parties to the horses. (individual)
Licensing conditions
Responders suggested the conditions that should be included in a licence for a livery yard or stable:
The persons responsible for the horses and the provision of facilities for them. (Scottish SPCA)
The person in charge of a livery yard must have experience and competence in handling and caring for horses, must be able to recognise and deal with any problems with individual horses and recognise potential hazards to the horses in their care. (Scottish SPCA)
There is a need for a farm manager's certificate of competence and knowledge. This should be an essential part of livery licensing. (individual)
A yard manager should be able to be available at reasonable times to discuss horses' needs with the owners and generally give advice as requested, ensuring the smooth running of the yard and general well-being of the animals. They should be able to discuss their concerns with the horse owner so that the horse is correctly cared for thereafter. (individual)
Livery owners should be legally obliged to give advice to horse owners on the care of their horse and warn the horse owner that they will be obliged to report abuse/neglect to authorities if prompt action to remedy the problem is not taken. (Grampian Animal Defence League, individual)
The size of the premises and extent. (North Lanarkshire Council)
Stipulate the maximum number of horses that can be accommodated at a yard. (individual)
Yards should have adequate turn-out facilities. (Mossburn Animal Sanctuary)
There should be a safe exercise area. (British Horse Society)
There should not be the same need for veterinary involvement in the licensing as in the case with riding establishments as the horses and ponies are owned by individuals. (Angus Council)
Inspection should be regularly undertaken. (2 individuals)
48 month inspection is not acceptable. (individual)
The inspection system should be similar to The Riding Establishments Acts 1964 and 1970 and The Animal Boarding Establishments Act 1963 should be applied with a veterinary surgeon and a local authority official carrying out a joint inspection. (individual)
Inspection should cover all housing and facilities (regardless of the actual number of horses on the yard at the time of inspection. (individual)
Inspection should cover all horses, both livery and yard owned and private horses. (individual)
Owners of horses must be traceable and be contacted at all times. (Lothian Cat Rescue)
Health and safety should be applied to facilities and services. (2 individuals)
Horses must be looked at, at least once per day, wormed, teeth seen to, feet shod or trimmed at decent intervals, contact, grooming, physical and mental care, be trained, pasture properly re-seeded or rested, ragwort and other poisonous weeds eradicated, and [where appropriate] veterinary attention. (Lothian Cat Rescue)
There should be a code of practice covering the minimum standards for facilities, accommodation, usage of correct documentation, including contracts and equine passports, child protection and animal welfare issues. (British Horse Society)
Penalties should be consistent with those for other activities carried on without a licence. (ILPH)
Grounds for revocation should include convictions of a criminal offence under specified acts relating to animal welfare. (ILPH)
Development of the licensing system
Responders provided advice on how the Scottish Executive could develop the licensing system for livery yards and stables:
The Executive should work closely with equine organisations. (British Horse Society)
The licensing arrangements should have the approval of the standard setting bodies TRSS, BHS or ABRS. (Trekking and Riding Society of Scotland, Scottish Equestrian Association)
The BHS voluntary registration scheme could be the basis for a statutory scheme. (NEWC)
The BHS Code of Practice which covers standards, facilities, horses and ponies, operation of the yard and veterinary treatment should be used. (BHS, NEWC)
The Equine Industry Welfare guidelines Compendium for Horses, Ponies and Donkeys, which will be revised in 2005, is the primary code of practice for horse welfare issues. (The Home of Rest for Horses) This should become the basis for a legally supported code of practice for horses. (NEWC)
A code of practice should be introduced. (British Horse Society, ILPH, NEWC, LACORS)
Revision of The Riding Establishments Acts 1964 and 1970
Responders also commented on the need to revise The Riding Establishments Acts 1964 and 1970. All the responders who commented on this legislation suggested that it should be amended and improved:
Local authority licensing and inspection fees vary considerably from area to area and should be standardised. (British Horse Society, 2 individuals)
It is unfair to calculate the charge on a rising scale relating to the number of horses working in a riding school. (individual)
Charges should be made on a per capita head of horses. (individual, British Horse Society)
There is a wide variation in the way the acts are interpreted by licensing authorities. (British Horse Society, NEWC, individual)
There should be detailed guidance to help licensing authorities on standards of housing and care. (individual)
BHS and ABRG are concerned on the implementation of the minimum teaching qualification. (individual)
Qualifications should be reviewed. (individual)
A minimum qualification should be compulsory. (British Horse Society, individual)
Should be mandatory for any proprietor setting up a riding school to hold a qualification or have a permanent staff member with the necessary qualification. (individual)
There should be recognition of qualifications from other countries. (individual)
The frequency of inspections should be reappraised. (British Horse Society)
Inspections should be made every year. A vet should be present. (individual)
The veterinary inspector should be suitably qualified and trained - currently a member of RCVS/BVA inspectorate of approved veterinary surgeons. (British Horse Society)
The use of spot checks needs to be reappraised. (British Horse Society)
Unannounced inspection visits should be made. (individual)
Inspections should place a greater emphasis on the care, management and welfare of the horses used at establishments. (NEWC)
There is a need for biosecurity to be included. (British Horse Society)
There should be a uniform and easily acted system of closing-down non-compliant establishments. (British Horse Society)
Health and safety issues should be considered. At the time the Acts were enacted, the welfare of the horse was the reason for the legislation. These days the health and safety of children and adults who use and are employed by these establishments must also be taken into account such as the provision and maintenance of hats, and body protection worn to protect the rider. (Aberdeenshire Council, LACORS)
The scope of the Acts should be extended to cover livery yards. (RCVS)
A code of practice should be introduced to include the general appearance of the establishment, horses and ponies, saddle room and equipment (including standards for hats and body protection for children and adults if appropriate), facilities, licensing, notices should be erected for safe (or otherwise) drinking water and necessary procedures are in place in the case of an accident involving a client. Basic facilities should be provided at establishments including a sign/notice board, car/lorry park, clean reception area, toilets, wash basin and changing room, separate staff facilities, teacher trainee ratio for lessons, novice hacks, experienced hacks, trekking. (individual, Aberdeenshire Council, LACORS)