Primate Licences

From 6 April 2026, if you wish to privately keep a primate, you will need to obtain a licence.

Primates are wild, undomesticated animals. They are long-lived, intelligent, socially-complex, and have complex health and welfare needs, which vary according to species. They are not suitable to be kept as pets in a domestic setting and require specialist care. The Animal Welfare (Primate Licences) (England) Regulations 2024 brings in a licensing scheme, setting strict rules to ensure that only private keepers who can provide zoo-level welfare standards will be able to keep primates.

Existing private primate keepers can apply for a primate licence and from 6 April 2026, all private primate keepers and people proposing to keep a primate will be required to hold a licence, valid for a maximum of three years, and undergo reassessment to renew their permission to keep their animals.

A person who requires a primate licence and keeps a primate in England without one will be committing an offence under section 13 of the Animal Welfare Act 2006 and will be liable on summary conviction to imprisonment for a term of up to six months, a fine or both.

To apply for a licence – please contact licensing@northdevon.gov.uk

Frequently asked questions

I am a private keeper of a primate. What do I need to do?

You should apply for a primate licence. Doing so early will mean that you have a longer period to adapt to the changes that will become law in April 2026.

Please note that holders of primate licences may also require a licence under the Dangerous Wild Animals Act 1976 or a licence under The Animal Welfare (Licensing of Activities Involving Animals) (England) Regulations 2018, depending on the species of primates they keep and the activities the primates are involved in.

Under Regulation 3(2), if a person no longer possesses a primate that remains in England, they are still considered its keeper until another person is licensed to keep the primate in England. An existing keeper who is proposing to sell or transfer a primate to someone else in England should therefore ensure that the new keeper has a relevant licence to keep the primate before a primate is moved to the new keeper’s premises.

Am I licensed once I have applied?

No. The council must assess your ability to meet the requirements of the regulations before granting you a licence. Remember, it will be an offence to keep primates without a licence from April 2026.

What conditions will I need to meet in order to be licensed?

You can find the conditions that you will need to meet in Schedule 1 of the regulations. All applicants will need to meet the conditions. Guidance is available on the licence conditions for primate keepers, and for keeping primates from the family Callitrichidae (callitrichids).

Are there exemptions?

The regulations do not apply to any premises licensed under the Zoo Licensing Act 1981 or places specified in a licence under section 2C of Animals (Scientific Procedures) Act 1986

How much does a licence cost and what will happen after I apply?

You must pay a fee (to be determined). The cost of the vet’s time will also be recharged to the applicant. Once a valid application is received, a licensing officer will arrange to inspect your premises accompanied by a vet. The inspectors will assess your premises against the conditions specified in the regulations.

How long do licenses last?

Primate licences last for a maximum of three years but you can request a shorter period if necessary. You must apply to renew your licence 10 weeks before your current one ends.

What paperwork will I need to submit with my application?

The regulations require the following paperwork to be kept as part of the licence. In order to ensure we deal with your application as quickly as possible, you should submit them as part of your application.

Your policies and procedures should provide a snapshot of your business and detail how you meet all of the licence conditions.

a plan of the premises
a register of all animals kept on the premises, including:
- its name;
- its sex;
- its microchip number (see Licence conditions for more information on microchipping) ;
- its date of birth or, if not known, its approximate date of birth;
- its species;
- its colour and markings;
- the name and contact details of its previous keeper (where applicable);
- the date and cause of its death (where applicable); and
- where the primate is permanently transferred to other premises, the name and contact details of the new keeper (where applicable) and the address of the place to which it has been relocated;
a written emergency plan, covering:
- the measures to be taken for the removal of the primates should the licensed premises become unsafe or uninhabitable;
- the arrangements for the care of the primates during and following an emergency (and additionally the Council will require this to include actions to be taken in event of escape) and
- an up-to-date list of emergency contact details that includes the fire service and police.
a written procedure for special circumstances, including contingencies in the event of:
- the temporary isolation of any primate including arrangements for ensuring that the welfare needs of any primate that is being temporarily isolated are met during the period of its isolation.
- the death or escape of a primate; and
- the care of the primates following the revocation of the licence or the death of the licence holder.
the individual diet plans for each primate.
- This must be created based on guidance from a vet or primate dietary expert.
a written hygiene protocol, covering:
cleaning and disinfecting
prevention and control of the spread of disease
a written transportation procedure covering the welfare of the primate while being transported.
relevant qualifications and training records
copy of public liability insurance cover and, where relevant, employer's liability insurance
a noise management plan

Additional to the above, the council will request a risk assessment for keeping the animal(s), and if in rented accommodation, evidence of permission from the landlord to keep the primates.

Suitability of applicants

Under Regulation 6(2), applications cannot be made by individuals who are under the age of 18 or disqualified from keeping primates.

A person is considered disqualified from keeping primates under Regulation 6(6) if they are disqualified from keeping primates of any description under:

section 34(2) of the Animal Welfare Act 2006
section 1 of the Protection of Animals (Amendment) Act 1954
section 40(1) of the Animal Health and Welfare (Scotland) Act 2006
section 33(1) of the Welfare of Animals Act (Northern Ireland) 2011

The council will consider other relevant convictions under the Animal Welfare Act such as disqualification for keeping other animals and take into account any other conduct of the applicant that is relevant as per its Animal Licensing Policy 2023

Where a holder of a primate licence is convicted of an offence under section 4 or 9 of the Animal Welfare Act 2006, a court can make an order cancelling a primate licence under section 42 of the Animal Welfare Act 2006 and disqualify the holder from owning or keeping primates for any period it sees fit under section 34 of the Animal Welfare Act 2006.

In order to ascertain the suitability of an applicant, all applications must include:

A basic disclosure certificate which must be dated no more than three calendar months before the date of application.

Please use the GOV.UK service to apply for a basic disclosure and barring check. Please note, that there is an application fee for this process (payable to the disclosure and barring service and not the council).

For more on Proof of right to work in the UK please visit the Government website.

Inspections

Under Regulation 12, the council may arrange for a suitable person to inspect the premises during the licence period (an interim inspection) to determine whether the licence holder is meeting the licence conditions.

There must be at least one inspection during the licence period if the licence is granted for one year or longer.

Licence renewal applications

Under Regulation 10, the licence holders may apply to renew a licence. The date by which an application for the renewal of the licence will be included in the licence.

The council will remind licence holders of the date by which they must submit the applications for renewal.

The licence holder must renew a licence within the renewal period specified in the licence.

Renewal applications follow the same process as applications for a new licence, including:

applications – including any information the local authority may reasonably require
appropriate fees
inspection by a suitable person of the licensed premises to enable the local authority to determine whether the licence conditions are likely to continue to be met

A renewed licence must include the same information as a new licence, including the period of the renewed licence and the date by which the next renewal is due.

Following an inspection the council will determine whether to grant or refuse the application for renewal. If satisfied that the licence holder will continue to meet the licence conditions, the council will grant the application to renew the licence. Otherwise, the council must refuse the application.

In deciding whether the licence holder will continue to meet the licence conditions, the council will consider:

any previous failure by the applicant to meet the licence conditions
any other relevant conduct of the applicant that is relevant

The renewed licence period must start from the end of the most recent licence period. The licence period must be three years unless the applicant has requested a shorter licence period, for example to align with the DWA licence period.

A licence may be renewed any number of times, subject to the satisfaction of the local authority inspection process.

Revoking or varying a licence

Regulation 16 sets out the local authority’s powers to revoke or vary a licence.

The council must revoke a licence when the licence holder has been convicted of any offence under the Animal Welfare Act 2006, provided the court has not already cancelled the licence under section 42 of the Animal Welfare Act 2006.

The council may also revoke or vary a licence if the licence holder does not:

comply with a licence condition
pay a fee
grant access for an inspection required under the Regulations
take the steps specified in a rectification notice

Licence variation may include:

reducing the number of primates that the licence holder is authorised to keep
removing a species of primate that the licence holder is authorised to keep

Notifying the licence holder of variations or revocations

The council must notify the licence holder in writing when it decides to vary or revoke a licence.

The written notice will:

explain the reasons for the decision
tell the licence holder when the change will come into effect
share the licence holder’s rights to challenge the decision

Varying or surrendering a licence

Under Regulation 9, the licence holder may apply to vary a licence.

Licence holders can apply to vary the licence to:

reduce or increase the number of primates of any species that may be kept under the licence
add or remove a species of primate that may be kept under the licence
change the premises specified in the licence to other premises in the area of the same local authority

Before granting an application to vary a licence, the Council can request further information from the licence holder, it may also arrange for an inspection of the licensed premises by a suitable person to determine whether to grant an application for the variation in the number of primates or the species of primate that may be kept under the licence.

If the application is to vary the premises at which the primates are to be kept, the council will arrange an inspection by a suitable person before deciding whether to grant the application.

Where someone wishes to move the primates to premises in a different local authority area, the keeper will need to apply for a new licence from the local authority in whose area they wish to keep the primates.

In the event that a primate keeper decides that they cannot meet the licence conditions and wishes to have their primates rehomed, it will be useful for the council to discuss with keepers their plan for where primates may be relocated to.

Licence holder applications to surrender a licence

Under regulation 9(4) a licence holder may apply to the local authority that granted the licence to surrender the licence.

Regulation 9(5) requires that the Council grant the application to surrender if satisfied that the licence holder no longer requires the licence. The Council will specify in writing the date on which the licence is surrendered.

Applications to surrender a licence will specify:

the reasons for surrender
where any primates are still at the licensed premises, information on where they are being moved to and who will be responsible for them at those premises.

Challenging a decision

Applicants and licence holders can challenge a local authority decision to:

refuse to grant or renew
vary or surrender a licence application
issue a rectification notice
revoke a licence

Applicants and licence holders have 28 days to make written representation to the local authority, preferably via email to licensing@northdevon.gov.uk. The 28 day period starts on the day on which the applicant or licence holder is first notified of the local authority’s decision.

Local authority response to representation

When an applicant makes written representations within the 28 day period, the council must reconsider the decision and decide to either:

maintain the decision
change the decision

The council must reply to the representations to explain:

the decision on the representations
the reasons for their decision

The council must notify an applicant or licence holder of their right to appeal if the outcome of the reconsideration was to:

refuse an application
continue with the notice (with or without variation)
proceed with a revocation or variation

Appeals

Individuals can appeal to a first-tier tribunal if they do not agree with the council’s decision following its reconsideration. This must be done within 28 days. The 28 day period starts on the day on which the applicant or licence holder is first notified of council’s decision.

On appeal, a first-tier tribunal may either uphold the council’s decision, or require the council to:

grant, renew, vary or surrender the licence
withdraw or vary the notice
rescind the revocation or variation

During a representation or appeal process, the following applies:

a primate licence will not expire as long as a renewal application has been made
a rectification notice does not have effect
the revocation or variation of a licence does not have effect

Neighbourhood nuisance issues and planning

The Council has a duty to investigate complaints of nuisance under the Environmental Protection Act 1990. Even if you have had a licence or planning permission granted, if we find your premises to have issues such as excessive noise, and odour, this could result in formal action being taken. For further advice, please contact environmentalprotection@northdevon.gov.uk

You will need to ensure you have appropriate planning permission for keeping the primates. Please see our planning pages for further information. We cannot accept an application unless any relevant planning permission has been granted.

Death of a licence holder

Where a licence holder dies during the licence period, the procedure in Regulation 11 applies and the licence is deemed to be granted to the personal representatives of the former licence holder. The personal representatives will automatically become the holder of the primate licence and will be responsible for the care and management of the primates which the former licence holder was authorised to keep.

Licence holders must have suitable arrangements in place if they die. Under the condition 10, licence holders must maintain a written record of procedures in line with condition 6 to be followed in the event of their death. As with other records, these should be considered when granting the licence.

If the personal representatives of the licence holder notify the local authority of the death within 28 days:

the licence will automatically expire 3 months after the date of death of the former licence holder but
the local authority may extend the licence period for up to 6 months upon application by the personal representatives if the local authority is satisfied that it is appropriate to do so.
if the licence holder’s personal representative applies for a new licence before the current one expires, the existing licence remains in place until a decision is made on the new application

Where the personal representatives do not notify the local authority within 28 days of the licence holder’s death, the licence will expire at the end of the 28 days.

Queries

Should you have any queries regarding your application or licence please complete an online request.

Intelligence

If you want to pass on any information or concerns about any primates that are currently being kept in North Devon, please use our contact form.