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PART II |
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LICENCES |
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Hunting licence |
| | 21. - (1) In this Schedule a reference to a hunting licence is a reference to a licence which-
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(a) is issued by the Authority on an application under paragraph 23, and |
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(b) licences one or more persons to engage in regulated hunting. |
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(2) "Regulated hunting" means hunting any of the following with a dog-
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(3) The Secretary of State may by order-
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(a) add to the list in sub-paragraph (2); |
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(b) subtract from the list in sub-paragraph (2). |
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(4) An order under sub-paragraph (3)-
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(a) shall be made by statutory instrument, |
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(b) shall not be made unless a draft has been laid before and approved by resolution of each House of Parliament, |
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(c) may make consequential amendments to this Schedule, and |
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(d) may make transitional provision. |
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(5) Participation in a hare coursing event (within the meaning of paragraph 22) is not regulated hunting.
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Coursing licence |
| | 22. - (1) In this Schedule a reference to a coursing licence is a reference to a licence which-
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(a) is issued by the Authority on an application under paragraph 23, and |
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(b) licences one or more persons to organise a hare coursing event. |
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(2) In this Schedule "hare coursing event" means a competition in which dogs are assessed as to speed or skill in hunting hares.
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(3) In this Schedule-
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(a) a reference to an official in relation to hare coursing is a reference to any person who acts as an official at a hare coursing event, and |
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(b) a reference to organising a hare coursing event includes a reference to being in charge of it or taking responsibility for it. |
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Application |
| | 23. An individual may apply to the Authority for a hunting or coursing licence.
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| | 24. - (1) An application for a hunting licence must state either-
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(a) that the applicant proposes to engage in regulated hunting and seeks the licence for that purpose, or |
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(b) that the applicant proposes to act as a servant or officer of a hunt in connection with regulated hunting and seeks the licence for that purpose. |
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(2) An application for a coursing licence must state that the applicant proposes to organise a hare coursing event.
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(3) In this Schedule-
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"group hunting licence" means a licence issued on an application which includes a statement under sub-paragraph (1)(b), |
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a "hunt" has the meaning given by paragraph 63(c), and |
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"personal hunting licence" means a licence issued on an application which includes a statement under sub-paragraph (1)(a). |
| | 25. - (1) An application must-
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(a) be in the prescribed form, |
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(b) give prescribed details of the hunting or coursing in respect of which the licence is sought, |
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(c) be accompanied by prescribed information and documents, and |
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(d) be accompanied by the prescribed fee. |
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(2) The documents required to accompany an application may, in particular, include letters of recommendation from-
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(a) prescribed persons, or |
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(b) persons within a prescribed class. |
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(3) In the case of an application for a group hunting licence, the information required to accompany the application may, in particular, include information which relates to-
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(a) past or proposed activities of the hunt concerned; |
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(b) persons who are, were or are expected to become members, servants or officers of the hunt; |
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(c) persons who have participated or are expected to participate in activities of the hunt. |
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(4) In the case of an application for a coursing licence, the information required to accompany the application may, in particular, include information which relates to-
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(a) hare coursing events organised by the applicant; |
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(b) persons who have been or are expected to be officials at events organised by the applicant. |
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(5) For the purposes of this paragraph-
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(a) "prescribed" means prescribed by the Authority, and |
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(b) the Authority may make different provision for different cases or classes of case. |
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Determination |
| | 26. On receipt of an application the Authority shall-
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(a) consider it as soon as is reasonably practicable, |
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(b) grant or refuse it, and |
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(c) inform the applicant of their decision as soon as is reasonably practicable. |
| | 27. The Authority shall grant an application if (and only if) they are satisfied that the applicant-
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(a) is at least 16 years of age, |
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(b) is not the subject of a relevant disqualification order under paragraph 53, |
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(c) is a suitable person to hold the licence sought, |
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(d) is capable of securing compliance with any conditions which the Authority would wish to impose on the issue of the licence, and |
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(e) is capable of ensuring that hunting or coursing carried on in reliance on the licence is conducted in accordance with any relevant code of practice under Part III of this Schedule. |
| | 28. - (1) If the Authority refuse an application the applicant may appeal to a magistrates' court.
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(2) The magistrates may make any order they think appropriate; in particular they may direct the Authority to-
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(a) issue a licence in specified terms; |
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(b) issue a licence on specified conditions; |
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(c) issue a licence in terms to be determined by the Authority; |
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(d) issue a licence on conditions to be determined by the Authority. |
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Terms and conditions |
| | 29. The terms of a licence must specify, in particular-
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(a) the kind of regulated hunting or coursing in respect of which the licence is issued, and |
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(b) a period of not more than one year during which the licence is valid. |
| | 30. - (1) A licence may be issued on conditions, which must be specified in the licence.
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(2) A condition specified in a licence may be-
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(b) specific to the circumstances of the licence. |
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(3) A condition in a hunting licence may relate to anything done wholly or partly for the purpose of or in connection with regulated hunting, whether or not it is done during hunting.
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(4) In particular, a condition may relate to-
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(a) the manner of keeping dogs and horses; |
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(b) anything done to prepare terrain for hunting. |
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(5) A condition in a coursing licence may relate to anything done wholly or partly for the purpose of or in connection with a hare coursing event, whether or not it is done during the event.
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(6) In particular, a condition may relate to-
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(a) anything done to prepare terrain for coursing; |
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(b) arrangements for spectators. |
| | 31. - (1) The terms and conditions of a personal hunting licence may-
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(a) restrict the licence to unaccompanied hunting, or |
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(b) regulate the number of persons who may accompany the licence-holder during hunting (whether or not they participate). |
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(2) The terms and conditions of a group hunting licence may relate to any of the following matters in so far as they occur during or relate to regulated hunting-
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(a) the activities of the hunt; |
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(b) the behaviour of a member, servant or officer of the hunt; |
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(c) the behaviour of a person whom the hunt permits (expressly or impliedly) to participate in hunting. |
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(3) The terms and conditions of a coursing licence may-
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(a) restrict the licence to one or more particular hare coursing events; |
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(b) relate to the behaviour of an official; |
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(c) relate to the behaviour of a person participating in or spectating at a hare coursing event. |
| | 32. - (1) A licence must be subject to a condition which requires insurance cover to be obtained.
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(2) In the case of a personal hunting licence the insurance condition must-
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(a) require cover to be obtained in respect of loss or damage caused by the licence-holder to a third party, and |
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(b) specify the minimum sum required to be insured in respect of each claim or class of claim. |
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(3) In the case of a group hunting licence the insurance condition must-
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(a) require cover to be obtained in respect of loss or damage caused by a member, servant or officer of the hunt to a third party, |
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(b) require cover to be obtained in respect of loss or damage caused by a member, servant or officer of the hunt to another person who falls within any of those classes, and |
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(c) specify the minimum sum required to be insured in respect of each claim or class of claim. |
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(4) In the case of a coursing licence the insurance condition must-
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(a) require cover to be obtained in respect of loss or damage caused by the licence-holder to an official or a third party, |
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(b) require cover to be obtained in respect of loss or damage caused by an official to a third party, |
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(c) require cover to be obtained in respect of loss or damage caused by one official to another, and |
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(d) specify the minimum sum required to be insured in respect of each claim or class of claim. |
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(5) An insurance condition may require cover to be obtained in addition to that specified in sub-paragraph (2), (3) or (4).
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(6) In imposing insurance conditions the Authority may make different provision in different licences.
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| | 33. - (1) A group hunting licence must be subject to a condition which requires that the Authority be notified in advance of any hunting carried out in reliance on the licence.
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(2) A coursing licence must be subject to a condition which requires that the Authority be notified in advance of any hare coursing event which is organised in reliance on the licence.
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(3) A notice condition shall include provision about-
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(a) the manner and timing of notice, and |
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(b) the information to be included. |
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(4) In imposing notice conditions the Authority may make different provision in different licences.
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Revocation and variation |
| | 34. - (1) The Authority may by notice in writing to a licence-holder-
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(c) add, vary, revoke or suspend a term; |
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(d) add, vary, revoke or suspend a condition. |
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(2) A licence-holder may apply to the Authority for an exercise of the power under sub-paragraph (1).
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(3) An application under sub-paragraph (2) must-
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(a) be in the prescribed form, and |
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(b) be accompanied by the prescribed fee. |
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(4) On receipt of an application the Authority shall-
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(a) consider it as soon as is reasonably practicable, |
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(b) grant or refuse it, and |
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(c) inform the applicant of their decision as soon as is reasonably practicable. |
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(5) For the purposes of this paragraph-
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(a) "prescribed" means prescribed by the Authority, and |
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(b) the Authority may make different provision for different cases or classes of case. |
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Appeal |
| | 35. - (1) A licence-holder may appeal to a magistrates' court against-
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(a) a term of the licence; |
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(b) a condition of the licence; |
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(c) action taken under paragraph 34(1); |
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(d) the determination of an application under paragraph 34(2). |
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(2) The magistrates may make any order they think appropriate; in particular they may direct the Authority to-
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(a) reinstate a licence or a term or condition of a licence; |
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(b) revoke a term or condition of a licence; |
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(c) vary a term or condition of a licence; |
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(d) add a term or condition to a licence. |
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Inspection |
| | 36. - (1) The Authority shall make such arrangements as they think appropriate for inspection of-
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(a) regulated hunting by a licence-holder; |
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(b) hunting by an applicant for a hunting licence; |
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(c) hunting by a member, servant or officer of a hunt for the purpose of which a hunting licence is held or has been applied for. |
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(2) The Authority shall make such arrangements as they think appropriate for inspection of animals or equipment-
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(a) kept by or on behalf of a licence-holder wholly or partly for the purpose of regulated hunting; |
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(b) kept by or on behalf of an applicant for a hunting licence wholly or partly for the purpose of hunting; |
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(c) kept by or on behalf of a member, servant or officer of a hunt for the purpose of which a hunting licence is held or has been applied for. |
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(3) The Authority shall make such arrangements as they think appropriate for inspection of premises-
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(a) used by a licence-holder wholly or partly for the purpose of or in connection with regulated hunting; |
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(b) used by an applicant for a hunting licence wholly or partly for the purpose of or in connection with hunting; |
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(c) used for the purpose of or in connection with hunting by a member, servant or officer of a hunt in respect of which a hunting licence is held or has been applied for. |
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(4) The Authority shall make such arrangements as they think appropriate for inspection of-
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(a) hare coursing events; |
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(b) premises used for the purpose of or in connection with hare coursing events. |
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Training and examinations |
| | 37. - (1) The Authority may-
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(a) provide instruction or training in connection with regulated hunting or hare coursing; |
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(b) provide an examination in connection with regulated hunting or hare coursing; |
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(c) charge fees in connection with instruction, training or an examination. |
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(2) In exercising a function under this Schedule (including determining whether a person is suitable for the purpose of paragraph 27(c)) the Authority or a magistrates' court may take into account whether a person has-
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(a) received instruction or training provided under this paragraph; |
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(b) passed an examination provided under this paragraph. |
