The Animal Welfare (Licensing of Activities Involving Animals) (England) Regulations 2018 Schedule 6 covers the breeding of dogs.
You may need a dog breeding licence if you breed dogs as a business or breed three or more litters of puppies in any 12-month period, unless you can show that none of the puppies have been sold as puppies or adults. Businesses need a licence regardless of the number of litters produced.
You may also need a licence if you breed dogs and advertise a business of selling dogs. When deciding whether an activity is a business, the Council may consider factors such as whether puppies are sold for profit, the frequency or volume of sales, the number of adverts placed and the way the activity is advertised.
To decide if an activity is a business and will need a licence, the Licensing Authority will consider if the operator:
- makes any sale or carries out the activity to make a profit
- earns any commission or fee from the activity
It will consider HMRC’s 9 badges of trade. In essence if you earn over £1000 from the sale of puppies per annum you are highly likely to require a licence.
If you have any doubt whether you require a licence we would urge you to have a conversation with a member of the Licensing team. We have to date issue multiple Fixed Penalty Notices (up to £5,000 per offence), and undertaken prosecutions of a number of unlicensed individuals, and ignorance of the requirements does not constitute a defence.
Before you apply
Before making an application, please read the statutory guidance and prepare the documents and records that are relevant to your breeding activity. Dog breeding applications require an inspection and a vet must be appointed for the initial inspection.
- read the dog breeding statutory guidance
- consider using our dog breeder checklist to self audit that you have all required policies or procedures
- make sure your veterinary, healthcare, medication and training records are available
- check that your adverts include the required licence holder and licence information, where applicable
- make sure you understand the record-keeping requirements for breeding dogs, breeding bitches and puppy sales
Apply for a licence
Use our animal welfare licence application form to apply. The application does not currently have a save draft function, so you should have the information and documents you need ready before starting the application.
We aim to determine new licence applications within 10 weeks of receiving a complete application. Some applications may take longer where further information is needed or where an inspection is difficult to arrange. Existing licence holders should apply to renew at least 10 weeks before the current licence expires.
Apply for Animal Welfare Licence
Inspection
Dog breeding premises will be inspected as part of the application process. For a new dog breeding licence, the premises must be inspected by an inspector and an approved vet appointed by the council. Applicants should use consider using the dog breeder checklist to audit their policies and documents before inspection.
Please bear in mind that we will star rate your premises on the day of the inspection, those items furnished to the council after the inspection and not available on the premises during the inspection will NOT be taken into account for star rating purposes.
Guidance and useful information
| Item | Summary |
| Statutory guidance for dog breeding | Main GOV.UK guidance for local authority inspectors and applicants; covers minimum standards, higher standards, general conditions and breeding-specific conditions. |
| North Devon Council Animal Licensing Policy | Explains how the Council interprets and applies the Regulations and associated statutory guidance. |
| Lucy's Law | Explains restrictions on the sale of puppies and kittens by third parties and the requirement that puppies and kittens must be sold by the licence holder who bred them. |
| Extreme conformation in dogs | Information on welfare concerns associated with extreme conformation and responsible breeding. |
| Innate Health Assessment for dogs | Supports responsible breeding by helping assess whether a dog is suitable to breed from in terms of innate health characteristics. |
| Advertising dogs for sale | Adverts must include the licence holder’s name and licence number and these must be clearly and prominently displayed on websites used to promote dog breeding activities. |
| Code of Practice for Dog Breeding | Useful sector guidance for dog breeders. |
| Code of Practice for the Welfare of Dogs | General welfare code for dogs. |
| The Kennel Club | Useful information for dog breeders and puppy buyers. |
| Register of animals for dog breeding inspection | Useful record for inspection and ongoing compliance. |
Checklists, templates and records
Dog breeding documents
- Checklist for dog breeders
- Example policies and procedures – dog breeding
- Register of animals for dog breeding inspection
Standard documents required by most licence holders
- Preventative healthcare plan template and guidance notes
- Medication record
- Training policy and staff training record
- Isolation facilities template letter to be completed by veterinary practice
- Nominated veterinary practice form
Key dog breeding rules to highlight
- A vet must be appointed for the initial inspection for a dog breeding licence application.
- Businesses should notify their licensing authority when each litter of puppies is whelped.
- No puppy aged under 8 weeks may be sold or permanently separated from its biological mother, except where health or welfare reasons apply.
- Any advert for the sale of a dog must include the licence number, specify the local authority that issued the licence, include a recognisable photograph of the dog and display the age of the dog.
- Each puppy must be microchipped and registered to the licence holder before it is sold.
- The licence holder must keep records for breeding dogs, breeding bitches, whelping details and puppy sales.
- The licence holder must implement a preventative healthcare plan agreed with the registered vet.
Zoonoses and infection control
Zoonoses are infections that can pass between animals and humans. Exhibition businesses should consider zoonoses as part of their infection control procedures. We suggest that you examine the list on the Zoonoses - HSE page and consider all those infections relevant to your business. Particular care should be taken where multiple species are exhibited or where animals have direct contact with members of the public.
Fees, star ratings and licence duration
Fees are payable for the grant and renewal of a licence, veterinary inspections, variations and other matters where applicable. Dog breeding licences are subject to the animal activity star rating system. Licences may be issued for one, two or three years depending on the star rating and risk assessment. New applicants are generally issued with a one-year licence initially because there is no compliance history available.
If you are unsure whether you need a licence
If you are unsure whether your dog breeding activity requires a licence, please contact the Licensing team before you apply. We can advise on whether the activity appears to fall within the licensing regime.