High Court supports Arun District Council in banning exotic pet market

The Animal Protection Agency (APA) welcomed the High Court ruling today (July 31), which said Arun District Council acted properly in warning Fontwell Park Racecourse of ‘a substantial risk of unlawful activity’ at an exotic pet market which had been planned for October 27, 2013.

The racecourse heeded the council’s warnings and cancelled the event.

Judicial Review proceedings were subsequently brought against Arun Council by the market organisers, The Portsmouth Reptile and Amphibian Society, which claimed the council ‘had no power to procure the cancellation of the event’.

Prior to the proposed pet market, APA warned Arun Council sales would contravene section two of the Pet Animals Act 1951, which prohibits trading in pet animals at market stalls.

An APA spokesman said: “Arun Council together with Fontwell Park Racecourse took swift action to successfully prevent widespread law-breaking and animal suffering, which is inherent in exotic pet markets.”

Speaking at the High Court, Mrs Justice McGowan today confirmed the council ‘has a duty to do what it properly can to prevent the commission of offences by legitimate means’.

She added: “Warning an organisation such as the racecourse that its premises might be hosting an event at which unlawful activity might take place is an entirely proper course to have taken.”

APA director Elaine Toland added: “The court’s judgment upholds Arun Council’s responsible actions to prevent illegal activity and ensure that animal welfare legislation is upheld.

“The judgment represents a massive loss for the exotic pet trade and exotic animal-keeping fanatics, and a great help to law enforcers and to APA’s campaign.

“This latest judgment will enhance our work to ensure that the poor treatment of pet animals in temporary markets will soon be a thing of the past.”

The traders are likely to be ordered to pay the council’s legal costs.

Don’t miss out on all the latest breaking news where you live.

Here are four ways you can be sure you’ll be amongst the first to know what’s going on.

1) Make our website your homepage

2) Like our Facebook page

3) Follow us on Twitter

4) Register with us by clicking on ‘sign in’ (top right corner). You can then receive our daily newsletter AND add your point of view to stories that you read here.

And do share with your family and friends - so they don’t miss out!

Always the first with your local news.

Be part of it.