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Waverley Borough Council Committee System - Committee Document

Meeting of the Licensing and Regulatory Committee held on 07/04/2003
ANNEXE 1 TO APPENDIX B - CONDITIONS



CONDITIONS

A. Conditions to which, by virtue of Section 1(4A) of the Riding Establishments Act 1964 (added by Section 2(1) of the Riding Establishments Act 1970), every licence granted under the former Act is automatically subject:-

1. A horse found on inspection of the premises by an authorised officer to be in need of veterinary attention shall not be returned to work until the holder of the licence has obtained at his own expense and has lodged with the local authority a veterinary certificate that the horse is fit for work.

2. No horse will be let out on hire for riding or used for providing instruction in riding without supervision by a responsible person of the age of 16 years or over unless (in the case of a horse let out for hire or riding) the holder of the licence is satisfied that the hirer of the horse is competent to ride without supervision.

3. The carrying on of the business of a riding establishment shall at no time be left in the charge of any person under 16 years of age.

4. The licence holder shall hold a current insurance policy which insures him against liability for any injury sustained by those who hire a horse from him for riding, and those who use a horse in the course of receiving from him, in return for payment, instruction in riding and arising out of the hire or use of a horse as aforesaid and which also insures such persons in respect of any liability which may be incurred by them in respect of injury to any person caused by, or arising out of, the hire or use of a horse as aforesaid.

5. A register shall be kept by the licence holder of all horses in his possession aged three years and under and usually kept in the premises which shall be available for inspection by an authorised officer at all reasonable times.

B. Conditions imposed by the Council in order to secure the objects specified in Section 1(4)(b) (i)-(viii) of the Riding Establishments Act 1964 (as substituted by Section 2(1) of the Riding Establishments Act 1970):-

1. Paramount consideration shall be given to the condition of horses and they shall be maintained in good health, and in all respects physically fit and, in the case of a horse kept for the purpose of its being let out on hire for riding or a horse kept for the purpose of its being used in providing instruction in riding, the horse shall be suitable for the purpose for which it is kept.

2. The feet of all animals shall be properly trimmed and, if shod, their shoes shall be properly fitted and in good condition.


3. There shall be available at all times, accommodation for horses suitable as respects construction, size, number of occupants, lighting, ventilation, drainage and cleanliness and these requirements shall be complied with not only in the case of new buildings but also in the case of buildings converted for use as stabling.

4. In the case of horses maintained at grass there shall be available for them at all times during which they are so maintained adequate pasture and shelter and water and supplementary feeds shall be provided as and when required.

5. Horses shall be adequately supplied with suitable food, drink and (except in the case of horses maintained at grass, so long as they are so maintained) bedding material, and shall be adequately exercised, groomed and rested and visited at suitable intervals.

6. All reasonable precautions shall be taken to prevent and control the spread among horses of infectious or contagious diseases and veterinary first aid equipment and medicines shall be provided and maintained in the premises.

7. Appropriate steps shall be taken for the protection and extrication of horses in the case of fire and, in particular, the name, address and telephone number of the licence holder or some other responsible person shall be kept displayed in a prominent position on the outside of the premises and instructions as to action to be taken in the event of fire, with particular regard to the extrication of horses, shall be kept displayed in a prominent position on the outside of the premises.

8. Adequate accommodation shall be provided for forage, bedding, stable equipment and saddlery.

C. INTERPRETATION:-

In these conditions the word 'horses' includes any mare, gelding, pony, foal, colt, filly or stallion and also any ass, mule or jennet.
NOTE

The attention of the licence holders is drawn to the provisions of Section 3(1) of the Riding Establishments Act 1964 (as amended by Section 3 of the Riding Establishments Act 1970) which provides that if any person:-

(a) at any time when a horse is in such a condition that its riding would be likely to cause suffering to the horse, lets out the horse on hire or uses it for the purpose of providing, in return for payment, instruction in riding or for the purpose of demonstrating riding;

(b) lets out on hire for riding or uses for the purposes of providing, in return for payment instruction in riding or for the purpose of demonstrating riding any horse aged three years or under or any mare heavy with foal or any mare within three months after foaling;


(c) supplies for a horse which is let out by him on hire by him for riding equipment which is used in the course of the hiring and suffers, at the time when it is supplied, from a defect of such a nature as to be apparent on inspection and as to be likely to cause suffering to the horse or an accident to the rider;

(d) fails to provide such curative care as may be suitable, if any, for a sick or injured horse which is kept by him with a view to its being let out on hire or used for a purpose mentioned in paragraph (a) of this subsection;

(e) in keeping a riding establishment knowingly permits any person, who is for the time being disqualified under this Act from keeping a riding establishment, to have control or management of the keeping of the establishment; or

(f) with intent to avoid inspection under Section 2 of this Act, conceals, or causes to be concealed, any horse maintained by the riding establishment;

he shall be guilty of an offence under this Act.

A person guilty of an offence is liable on summary conviction to a fine not exceeding 50 or to imprisonment for a term not exceeding three months or to both such a fine and imprisonment (Section 4(1) of the Act of 1964, as amended by Section 4 of the Act of 1970) and in addition the court may cancel his licence and disqualify him from keeping a riding establishment for such period as it thinks fit (Section 4(3) of the Act 1964).

ENV+LS/COMM/RE11