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Appeals

Appeal against a decision to refuse, revoke, or vary a licence

Any operator who is aggrieved by a decision by a local authority to refuse to grant or renew a licence, or to vary or revoke a licence may appeal within 28 days of the day after the date of the decision, to a first tier tribunal.

Appeal against the risk or star rating awarded

A licensed operator of an animal establishment may appeal the animal health licence rating given following inspection if they do not agree that the rating reflects the risk rating or compliance rating (both of which affect the star rating and length of licence) found at the time of the inspection. Operators should, in the first instance, talk to the Council Officer that inspected the business about why the rating was given however this does not affect the right to appeal or applicable deadlines.

Appeals must be lodged within 21 days (including weekends and bank holidays) from the date of issue of the licence. Appeals must be in writing (including by email) and provide evidence of compliance.

The Lead Officer for animal health licensing will review the rating and communicate the outcome of the appeal within 21 days of receipt (including weekends and bank holidays).

In some circumstances, a further visit to the establishment may be required to determine the appeal. This will depend on the nature of the appeal and whether a decision can or cannot be made on the basis of the paperwork associated with the inspection and the rating given.

The cost of any additional visit is borne by the applicant unless it results in a higher star rating being awarded and is charged at the same rate as a major variation.

If an operator disagrees with the outcome of an appeal, they can challenge the Local Authority's decision by means of a judicial review.


Star rating scheme

Licences can be issued for a period of either one, two or three years depending on the risk rating and level of compliance. This also corresponds with the Star Rating for the establishment.

The Procedural Guidance describes the risk-based system that must be used when issuing licences under the Regulations (with the exception of 'Keeping or Training Animals for Exhibition' where all licences are issued for 3 years).

Use of this system determines both the length of the licence and the star rating that will be awarded. Local authorities in England are expected to follow it in full.


Scoring
Matrix
Welfare Standards
Minor Failings
(existing business that are failing to meet minimum standards)
Minimum Standards
(as laid down in the schedule and guidance)
Higher Standards
(as laid down in the guidance)
R
i
s
k
Low Risk1 Star
1 year licence
Min 1 unannounced visit within a 12 month period.
3 Star
2 year licence
Min 1 unannounced visit within a 24 month period.
5 Star
3 year licence
Min 1 unannounced visit within a 36 month period.
Higher Risk1 Star
1 year licence
Min 1 unannounced visit within a 12 month period.
2 Star
1 year licence
Min 1 unannounced visit within a 12 month period.
4 Star
2 year licence
Min 1 unannounced visit within a 24 month period.
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