Dogs and the Law

Dog Ownership and the Law

If your dog does stray, you should immediately report it us (see Lost Dogs).

The Environmental Protection Act 1990

This allows for a dog to be seized and, if unclaimed after seven days, to be sold, re-homed or, more unusually, destroyed.

Dangerous Dogs Act (DDA) 1991

There are two main sections to this act that apply:

• Section 1 applies to four specific breeds of dog: the Fila Braziliera, the Dogo Argentino, the Japanese Tosa and "the type of dog known as the pit bull terrier". Owners of these breeds must comply with certain legal requirements, such as having had their dog registered, neutered, micro-chipped and tattooed. These dogs must always be kept on a lead and muzzled when in a public place. They must also be under the control of someone who is aged sixteen or over.
• Section 3 applies to all dogs and makes it a criminal offence to allow a dog to be dangerously out of control in a public place. This includes instances where there is fear that an injury might occur. Owners found guilty under either section of the Act could have their dogs destroyed, face the possibility of up to six months in prison and/or receive a fine not exceeding level 5 (at present up to £5000). The magistrate could also put a control order on the dog (e.g. so that it has to be muzzled and on lead when in a public place).

Dogs Act 1871

Under this Act a complaint may be made to a Magistrates' Court that a dog is dangerous and not kept under proper control. This may result in a destruction order or control order being placed on the dog. Breach of either order can result in a fine being imposed by the court.

Countryside Code

This code stipulates that you should never allow your dog to worry livestock. Even letting your dog walk in the same field as farm animals may be considered as 'worrying'. Under the Animals Act, 1971 a dog may be shot without warning by a farmer for worrying livestock and the owner could face criminal prosecution for the same offence under the Dogs (Protection of Livestock) Act 1953.

Even a gentle dog can become excited around farm animals - especially sheep. Keep safe and always keep your dog on a lead around livestock.

Other Acts

Guard Dogs Act 1975

It is an offence to use or permit the use of a guard dog on any premises unless the handler, who is capable of controlling him, is present on the premises and the dog is under control. The dog must be secured so that it is not at liberty to go about the premises. A warning that a guard dog is present must be clearly displayed at each entrance to the premises.

Breeding of Dogs Act 1973

This act requires Swindon Borough Council to license breeding kennels for dogs within the Borough of Swindon. A licence is required if you have five or more breeding bitches, who are allowed one litter a year.The granting of the licence is at the Council’s discretion and a fee is charged for the licence. Please see the licence section for details of the application form.

Animal Boarding Establishments Act 1963

This act requires Swindon Borough Council to license boarding kennels for dogs and cats within the Borough of Swindon. This will require an inspection to ensure that the animals are suitably accommodated, fed, exercised, etc, and that proper registers are kept showing details of the animal's stay, and its owners, etc. The granting of the licence is at the Council’s discretion and a fee is charged for the licence. Please see the licence section for details of the application form.

Pet Animals Act 1951

This act requires Swindon Borough Council to license all pet shops. This will require an inspection to ensure that the animals are suitably accommodated, fed, exercised, etc. The granting of the licence is at the Council’s discretion and a fee will be charged for the licence. Please see the licence section for details of the application form.

Protection of Dogs

The Protection of Animals Act 1911

This act makes it an offence to cruelly beat, kick, ill-treat, torture, infuriate or terrify any animal. It is also an offence by action or omission to cause unnecessary suffering; or, being the owner, to permit any unnecessary suffering to the animal. This act was amended to allow an owner to be banned from keeping a dog either for life or for such a period of time as the court sees fit.

Abandonment of Animals Act 1960

This act extends the definition of cruelty to include abandonment of an animal.

If you are concerned about the welfare of an animal, please telephone the RSPCA (Royal Society for the Prevention of Cruelty to Animals) on 0870 555999.

Further Information

If you require additional information, please contact the StreetSmart Team at the Swindon Direct Contact Centre. You can do this in a number of ways:

• By e-mail request to streetsmart@swindon.gov.uk.

• By telephone to the StreetSmart Team at the Swindon Direct Contact Centre on 01793 445501. For details of the Contact Centre opening hours, please visit the Swindon Direct web page.

• In person, by visiting the Swindon Direct One-stop-shop. For details of the address and opening hours, please visit the Swindon Direct web page.