# DWA info



## the wee dude (Jan 14, 2013)

I phoned my local council the other day to get info on what minimum requirements i would have to achieve to pass a DWA inspection, (room security, viv security, they kind of things). And they wouldn't tell me a single thing. 

Every question i asked they would avoid answering, and would only tell me that they have nothing written in stone regarding a DWA certificate. But what they did say, (pretty much the only info they said) is the safety of the public and the animal is paramount. And they would have strong concerns if it escaped, and that my neighbours could object to me getting a DWA reptile. 

One thing they said that caught my attention is, they do not want a venomous reptile in their district. And that no one in my area has a DWA reptile.

I asked a direct question, "if someone passed all the inspections required, and no neighbours had a problem with the type of reptile that could be living near them, would that person be granted a DWA licence?". The answer I got was something like, even if someone passed all the requirements we still wouldn't want a venomous reptile in our district. With some more vague answers they basically said that i would never be granted a DWA licence. 

I then phoned my reptile vet who couldn't have been more helpful with what they want to see with a DWA reptile vivarium. 

I only have 2 question for existing DWA keepers, if someone passes all inspections can the council still refuse a licence? And if they have no intention of ever issuing a DWA licence, would it not be classed as fraud to take my money and do the inspection with no possibility of being granted a DWA licence. 

Sorry for the long post.

A DWAL is a long way away for me, but it is something that I would like to work towards to get my fav snake. And I just wanted to know what my council was expecting when it came to the viv etc.


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## ian14 (Jan 2, 2008)

A council cannot take a view to refuse all DWAL applications. They have to act within the law, and nowhere in the DWAA does it state that a council can choose to refuse to issue a licence. Their actions have to be compliant with the Human Rights Act, including the right to a private life and the right to enjoy possessions. Provided your application provides safe and secure housing, they cannot refuse. Incidentally, they have no power to canvass neighbours views either.


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## the wee dude (Jan 14, 2013)

Thanks for the reply.

I'm glad they aren't allowed to ask neighbours, since me and my neighbour don't really get on. Plus they hate snakes, so i could imagine what their reaction would be.

I think the council were trying to be as unhelpful as possible, and make it seem like it would be impossible to achieve a DWAL.

Thanks again for the reply.


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## MattClare (Oct 31, 2009)

ian14 said:


> . Their actions have to be compliant with the Human Rights Act, including the right to a private life and the right to enjoy possession.


There is no provision in The Human Right act to enjoy possessions.


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## projectalf (Mar 28, 2014)

the wee dude said:


> I phoned my local council the other day to get info on what minimum requirements i would have to achieve to pass a DWA inspection, (room security, viv security, they kind of things). And they wouldn't tell me a single thing.
> 
> Every question i asked they would avoid answering, and would only tell me that they have nothing written in stone regarding a DWA certificate. But what they did say, (pretty much the only info they said) is the safety of the public and the animal is paramount. And they would have strong concerns if it escaped, and that my neighbours could object to me getting a DWA reptile.
> 
> ...


The council can refuse the licence if the vet say,s yes ect it's all down to them really... Get everything in writing and record conversations between your self,s and keep all contact.. But if they refuse you under no good grounds or reasons then you can quite happily take them to court to contest the decision but county courts tend to favour the council.. There plenty of us on here to help if needed


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## the wee dude (Jan 14, 2013)

projectalf said:


> The council can refuse the licence if the vet say,s yes ect it's all down to them really... Get everything in writing and record conversations between your self,s and keep all contact.. But if they refuse you under no good grounds or reasons then you can quite happily take them to court to contest the decision but county courts tend to favour the council.. There plenty of us on here to help if needed


Cheers bud.

Just out of curiosity i phoned my neighbouring council, asking the same kind of things. And they couldn't have been any nicer.

They said "if we believe you can care for the reptile, and have adequate safety measures in place then i can't see why you couldn't get your chosen reptile". They were very helpful and friendly.

Think I might move house when the time comes:lol2:


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## projectalf (Mar 28, 2014)

the wee dude said:


> Cheers bud.
> 
> Just out of curiosity i phoned my neighbouring council, asking the same kind of things. And they couldn't have been any nicer.
> 
> ...


Yes it's a post code lottery I'm affraid.. Best of luck


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## ian14 (Jan 2, 2008)

Clarebear said:


> There is no provision in The Human Right act to enjoy possessions.


Yes there is:
https://www.liberty-human-rights.or.../article-1-first-protocol-protection-property

Have a read through it, it makes very clear that the State must not interfere with peaceful enjoyment of possessions, unless it is lawful and in the public interest. As the DWAA provides no blanket ban on licences, such a stance is therefore unlawful.

If you prefer, the BBC page shows the same:
BBC News | UK | Human Rights Act: What the articles say

Article 1 of the Human Rights Act - every natural or legal person is entitled to the peaceful enjoyment of his possessions.


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## MattClare (Oct 31, 2009)

I may be missing your jist, but I think you you might be trying to read your meaning into the act.

The state cannot take possessions from you or prevent you using them, unless it is unlawful (such as owning a venomous snake without the correct licence). E.g they cannot just take land from you because they feel like it, however a compulsory purchase order would be legal because it is in the statue books with clear rules and guidance on when it can be used.

There is ofcourse a public interest justification the council could use.

So in that sense it is not a straight right to enjoy property, but more protecting it from unlawful acts.


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## ian14 (Jan 2, 2008)

Clarebear said:


> I may be missing your jist, but I think you you might be trying to read your meaning into the act.
> 
> The state cannot take possessions from you or prevent you using them, unless it is unlawful (such as owning a venomous snake without the correct licence). E.g they cannot just take land from you because they feel like it, however a compulsory purchase order would be legal because it is in the statue books with clear rules and guidance on when it can be used.
> 
> ...


I'm not missing the jist, nor giving my own interpretation. I have provided you with the relevant legislation in black and white! Animals are classed as "property" in law ie they are possessions.

Now go and read the DWAA and tell me where it says that a council can take a policy decision to refuse to issue any licence under any circumstances. It doesn't. Provided the application meets requirements, then they have to issue it. So, in that case, by acting outside of the law they are not acting lawfully. Therefore, they are preventing you from enjoying a private life and from peaceful enjoyment of possessions.


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## 50%man50%biscuit (Mar 17, 2009)

Just to add, as The Legislative Reform (Dangerous Wild Animals) (Licensing) Order 2010 only applies to England and Wales,in Scotland the yearly renewal of the license is still applicable.


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