Dear Marcus


Thank you for your call and for your prompt action regarding the proposed reptile market.


We're very pleased that the Council has elected to inform the organisers that any trade or exchange of animals at the event will not be permitted. On this basis the event is unlikely to proceed - especially if the organisers are forewarned that the event will be monitored.


Thank you, and Linda Collis, once again for re-visiting this issue and for the action you have taken to uphold the law and protect animal welfare.


With regards




Elaine Toland MRSPH
Director


Animal Protection Agency
Brighton Media Centre
15-17 Middle Street
Brighton
BN1 1AL
__________________
Tel: 01273 674253
Fax: 01273 674927
Mobile: 07986 535024
www.apa.org.uk[u][/u]

then this came through what a bunch of wankers the council are



Dear Council Members


Further to our earlier email below, we write to advise you that the organisers and stallholders of the above event have now been informed by the Council that animal trading WILL NOW BE PERMITTED on Sunday.


We have spent the previous two days praising the Council in the local media for the responsible action it took to disallow animal trading at the event. We were dismayed, therefore, to learn yesterday afternoon that advice to the contrary has been given to organisers and stallholders, and that this work has now been undone.


Yesterday, our undercover investigator, who was gathering evidence prior to the event, was informed by several stallholders that a Licensing Officer had advised that they could sell animals on the day. I personally called the Licensing Officer concerned to be told that the council's position remained the same. Shortly after that, our investigator then contacted the same Officer, whilst posing as a stallholder, and was told that animal selling could legitimately take place. A transcript of the recorded conversation can be made available to any Members who would like to view it.


To remind Members, the Pet Animals Act 1951 states that:


"If any person carries on a business of selling animals as pets in any part of a street or a public place, or at a stall or barrow in a market, he shall be guilty of an offence."


The Licensing Officer in question suggested that if members of the public became temporary members of the society on the door then animals could be legitimately sold to these temporary members. This particular 'device' has been employed in the past by event organisers who have sought to claim that their events are member-only private events and therefore the venue is not a public place. This matter was recently clarified via a Judicial Review (please see attached judgement). The High Court ruled that these types of events, which comprise a concourse of buyers and sellers, can be defined as markets. Therefore, whether or not the event is defined as a public place, the activity that takes place at the event means that it is, in any case, a market and is prohibited under the above clause. This issue, therefore, should no longer be subject to misinterpretation.


Serious questions need to be asked about why the Officer in question gave out inaccurate and out-dated advice that was also counter to the Council's formal position. The Officer failed at any point in the conversation to inform the breeder of the Council's clearly stated position ie. 'that under no circumstances can any trade or exchange of animals take place.'


The Council's formal advice had been given based on evidence that the event would be attended primarily by established commercial traders who had already mis-represented themselves as private hobbyist keepers. However, it is almost certainly the case that, based on the erroneous advice from the Licensing Officer, organisers have not informed stallholders that animal selling is disallowed. The organisers have assured the Council that they will not break the law but this same organisation has also attempted to convince the Council that the commercially orientated market is actually a private meeting of hobbyists!


The Council, as owner of the property at which the event is to take place, would be an accessory to each illegal transaction that takes place on Sunday. However, there is still time to take measures to prevent countless breaches of the Pet Animals Act at the event and resolve the confusion that has been now been created. We suggest that the following urgent, remedial action be taken:


1) A note be issued to the organiser, which reinstates the previous position 'that under no circumstances can any trade or exchange of animals take place' but goes further to clarify that, in light of a further review of recent case law, no sales will be allowed to so-called temporary club members.


2) The note should inform organisers that there will be a council enforcement presence on the day and that notices will be posted around the venue or circulated to stallholders to remind them that no animal selling may take place.


We would be very grateful if you would use your influence to ensure that this urgent action is taken.


We look forward to hearing from you.


With regards


Elaine Toland MRSPH
Director


Animal Protection Agency
Brighton Media Centre
15-17 Middle Street
Brighton
BN1 1AL
__________________
Tel: 01273 674253
Fax: 01273 674927
Mobile: 07986 535024
www.apa.org.uk

Very good