Commentary on Sections Section 8 – Amendments relating to licensing of circuses
25.Although the use of wild animals in travelling circuses is prohibited by this Act, circuses may still keep wild animals. The amendments made by this section mean that in order to keep wild animals, circuses may be required to have a zoo licence or a dangerous wild animal licence.
26.Under the Dangerous Wild Animals Act 1976 (“the 1976 Act”), a licence is required to keep a “dangerous wild animal” (defined in section 7 of that Act), subject to some exemptions (set out in section 5 of that Act). The Wild Animals in Circuses Act 2019 amends section 5 of the 1976 Act so that circuses in England and Scotland are no longer exempt from that requirement.
27.Section 8(1) further amends section 5 of the 1976 Act so that circuses in Wales are also no longer exempt from that requirement. This means that any circus (travelling or static) in Wales which keeps a dangerous wild animal will require a licence under the 1976 Act, unless the circus is caught by the provisions of the Zoo Licensing Act 1981 (see section 5(1) of the 1976 Act).
28.Under the Zoo Licensing Act 1981 (“the 1981 Act”), a licence is required to operate a “zoo”. Section 8(2) amends section 1(2) of the 1981 Act so that circuses in Wales fall within the definition of “zoo”. This means that a circus in Wales could be required to obtain a zoo licence if the 1981 Act applies to it (there are some zoos to which the 1981 Act does not apply. See, for example, section 14 of the 1981 Act (dispensation for particular zoos)). If the 1981 Act does not apply, then the 1976 Act may apply and a circus may need a dangerous wild animals licence.