Born Free Foundation - Keep Wildlife in the Wild

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Zoos and Animal Sanctuaries

There are at least 250 licensed zoos in the UK, and many more facilities where captive wild animals are kept.

As part of a long-standing and ongoing process, the Born Free Foundation regularly contacts Local Authorities asking them to confirm that collections of wild animals in their area – e.g. zoos, sanctuaries, farm parks with exotic animals, safari parks etc. - are licensed appropriately. This allows us to make sure our database of wildlife collections (in the absence of a central Government database, the most complete in the UK) is up to date, ensures that collections that should be licensed are and those that should receive a partial or total exemption are assessed and dealt with accordingly. Our communication to Local Authorities in this regard does not address the quality of the collection, its objectives, the standards of welfare, etc. It simply seeks to confirm whether collections containing wild animals (species not normally domesticated in the UK) and which are open to the public for 7 or more days a year (whether they charge for entry or not) are properly licensed by their Local Authority. We therefore respectfully suggest that the issue of whether a wild animal facility should be licensed or not is a matter for that facility and the relevant Local Authority.

The Born Free Foundation believes that proper application and enforcement of the Zoo Licensing Act offers a guarantee of at least minimum standards of animal care in captive wild animal facilities through inspection of the animals’ health and welfare.

We have attempted to summarise below the main points of what are complicated and often baffling legislative requirements for facilities keeping wild animals. Please refer to the appropriate national and local authority for official guidance (the Defra website is a good source of information: http://www.defra.gov.uk/wildlife-pets/zoos/).

The legislation and policy on zoos in the UK, and the zoo inspectorate, is the responsibility of the national governments of England, Wales, Scotland and Northern Ireland; while enforcement of the legislation is the responsibility of Local Authorities. Decisions relating to whether a not a facility meets the definition of a zoo are entirely a matter for the relevant Local Authority in consultation with national government (in the case of England, through Defra).

The main legislation governing the licensing and inspection of zoos in Britain is the Zoo Licensing Act. This outlines various definitions and requirements relevant to captive wild animal facilities. Local authorities are given some powers to exercise discretion, so that they may consider that the Act does not apply to particular facilities. In addition, Local Authorities may seek dispensations, or even exemptions, from the requirements of the Act on behalf of a zoo.

What is the definition of a zoo?

A legal definition of a zoo has been in place since the enactment of the Zoo Licensing Act in 1984. The original definition was slightly amended by the European Zoos Directive, and the current definition reads:

“an establishment where wild animals are kept for exhibition to the public otherwise than for purposes of a circus and otherwise than in a pet shop. This Act applies to any zoo to which members of the public have access, with or without charge for admission, on seven days or more in any period of twelve consecutive months.” (see Defra website, http://www.defra.gov.uk/wildlife-pets/zoos/)

The key point is that premises keeping wild animals that are open to the public may require consideration for a licence under the Zoo Licensing Act. Such premises include not only “traditional” zoos, but also public aviaries, butterfly houses, safari parks, rescue centres, farm parks, sanctuaries etc.: the names are varied, but the names have no bearing on whether or not the premises should be considered for licensing as a zoo.

Premises that are not open to the public, or open 6 days or less per year do not require a zoo licence, but may still need to adhere to other relevant licensing regimes and legislation, such as obtaining the correct permits to keep threatened species or species classed as dangerous wild animals (Dangerous Wild Animals Act 1976)

What is meant by “wild animals”?

For the purposes of the Zoo Licensing Act, a wild animal is any animal of a species that is not normally domesticated in Great Britain. So, species that have a long history of selective breeding and keeping in Britain such as dogs, cats, horses, livestock etc. are not considered to be wild animals. Further guidance is available on the Defra website (see Annex E: http://archive.defra.gov.uk/wildlife-pets/zoos/documents/zoo-gc022003.pdf; and http://archive.defra.gov.uk/wildlife-pets/zoos/documents/zoo-gc022003update.pdf). An animal of a species that is not normally domesticated that has been kept as a pet may still be considered to be a wild animal under the law.

What about animal sanctuaries?

Unlike zoos, for which there is a clear legal definition, there is unfortunately no universally-accepted definition of a “sanctuary”. As a result, the term is open to widely differing interpretations.

The Born Free Foundation strongly supports the work of genuine animal sanctuaries, and we fund several wild animal sanctuaries worldwide. We believe that a responsible sanctuary rescues and provides care for animals that have been abused, injured, abandoned or are otherwise in need; places the animals’ interests first; operates on a non-profit basis; has exceptional management and animal care; obtains all relevant permits and licences; and refrains from propagating animals in captivity.

Clearly, many sanctuaries are set up with the best of intentions, but calling a facility a sanctuary does not absolve it of any relevant legal requirements. There are genuine wild animal sanctuaries in the UK that must concurrently meet the requirements of a zoo licence, by virtue of keeping wild animals and being open to the public.

We welcome enquiries from sanctuary operators, and we would be delighted to put them in touch with sources of expert advice and best practice, or offer informal guidance.