Guidance

Licensing process for keeping primates

Guidance for local authorities on licensing and enforcement responsibilities for privately kept primates.

• From: Department for Environment, Food & Rural Affairs
• Published: 10 July 2025

Applies to England

This guidance is for local authority inspectors. It should be read alongside:

• the Animal Welfare (Primate Licences) (England) Regulations 2024
• Licence conditions for primate keepers (Schedule 1)
• Callitrichids: licence conditions for keepers (Annex A)

The Animal Welfare (Primate Licences) (England) Regulations 2024 (‘the Regulations’) introduced a licensing regime to protect the welfare of primates kept in England. The Regulations apply to the keeping of any non-human primate (referred to as ‘primate’ in this guidance) in England on or after 6 April 2026 unless the primate is kept under a Zoo Licensing Act 1981 licence (‘zoo licence’) or an Animals (Scientific Procedures) Act 1986 licence (‘ASPA licence’).

The Regulations require a person who keeps any such primate to hold a primate licence. Existing and prospective keepers of primates will be required to be licensed by the local authority for the area in which the primate is or is proposed to be kept. Only a person (and not an organisation) can keep a primate under this primate licence.

Local authorities are responsible for administering and enforcing this licensing regime. Local authorities must make sure that:

• individuals who apply for a licence are likely to meet the licence conditions
• licences are not granted to individuals that are disqualified from keeping primates
• they take appropriate enforcement action against those individuals who do not have a licence when they should
• they monitor compliance with the licence conditions themselves

This guidance is issued under Regulation 20 of the Regulations to assist local authorities in understanding their responsibilities. Local authorities must have regard to this guidance when exercising functions under the Regulations.

Anyone seeking to apply for a primate licence may also use this guidance alongside the Schedule 1 conditions guidance to understand how to obtain a primate licence and comply with the conditions of a primate licence.

The licence conditions set out a range of requirements on the care and management of primates to protect their welfare. Any person who is responsible for a primate also has a legal duty of care under section 9 of the Animal Welfare Act 2006 to provide for the needs of an animal for which they care for. These include the need:

• for a suitable environment
• for a suitable diet
• to be able to exhibit normal behaviour patterns
• to be housed with, or apart from, other animals
• to be protected from pain, suffering, injury, and disease

Compliance with the conditions of a primate licence does not mean this legal duty has been fully met.

Section 4 of the Animal Welfare Act 2006 also prohibits animal cruelty which includes causing any unnecessary suffering to a vertebrate animal.

Existing and prospective primate keepers must ensure that they comply with the law including their primate licence conditions. A person who keeps a primate in England on or after 6 April 2026 and does not have a primate licence, a zoo licence or an ASPA licence will be committing a criminal offence.

Existing keepers will need to ensure that any primates currently being kept without a licence have applied for and obtained a licence before 6 April 2026.

The primate licensing process: statutory guidance for local authorities

Local authorities are responsible under the Regulations for granting primate licences. This applies to individuals who keep or propose to keep a primate in England.

It is recommended that licensing is carried out by a Tier-one inspector or an inspector who works within the local authority department that carries out inspections for the Dangerous Wild Animals Act 1976 or Zoo inspections where possible.

Privately keeping primates

Under Regulation 3, an individual is considered to keep a primate if they have the primate in their possession, except where the primate is only in their possession for the purposes of:

• preventing the primate from causing damage (for example, after an escape)
• restoring the primate to its owner
• enabling the primate to undergo veterinary treatment
• legally transporting the primate on behalf of another person

Under Regulation 3(2), if a person no longer possesses a primate that remains in England, they are still considered its keeper until another person is licensed to keep the primate in England.

An existing keeper who is proposing to sell or transfer a primate to someone else in England should therefore ensure that the new keeper has a relevant licence to keep the primate before primate is moved to the new keeper’s premises.

Licensable activity

Under Regulation 4, a primate licence is not required to keep a primate in England if the primate is kept under a zoo licence or an ASPA licence. It is the responsibility of the primate keeper to apply for the appropriate licence.  

In all other cases, only individuals authorised under a primate licence may keep primates. Holders of primate licences may also require a licence under the Dangerous Wild Animals Act 1976 (DWA) or a licence under the Animal Welfare (Licensing of Activities Involving Animals (England) Regulations 2018 (LAIA), depending on the species of primates they keep and the activities the primates are involved in.

Licence application and renewal process

The process to apply for or renew a primate licence:

1. Local authorities should provide the application forms to applicants.
2. The applicant submits an application to the relevant local authority, along with the local authority’s fee.
3. The local authority arranges for an appointed ‘suitable person’ to inspect the premises where the primates are kept or are to be kept.
4. The appointed suitable person visits the premises and produces a report for the local authority.
5. The local authority reviews the report.
6. The local authority makes a decision to grant or refuse the licence application unless additional information or further steps are required.
7. The local authority notifies the applicant and should advise the applicant on any additional information or steps that may be required before proceeding further with the application (for example, where the local authority does not consider that the licence conditions are likely to be met).
8. The applicant has a right to make representations to the local authority and then to make an appeal to the first-tier tribunal if the application is refused.

Licence applications

Where any premises are between 2 local authority areas, the applicant must apply to the local authority in which the major part of the premises is situated.

Under Regulation 6(2), applications cannot be made by individuals who are under the age of 18 or disqualified from keeping primates.

Local authorities may also want to consider other relevant convictions under the Animal Welfare Act such as disqualification for keeping other animals or take into account any other conduct of the applicant that is relevant.

Under Regulation 6(3), the application must specify:

• the name and address of the applicant
• the species of primates to be kept under the primate licence - this should be the Latin name (that is, the full scientific name) for the species to prevent confusion
• the number of primates of each species to be kept under the licence
• the address of the premises where the primates are to be kept
• the date from which the applicant proposes that the licence should have effect
• where the applicant requests the licence to be granted for a period of less than the maximum 3 years, the date on which the applicant requests the licence to expire - it is also useful to include the reason for this (for example, to align with licence terms under a DWA or LAIA licence)

In addition, under Regulation 6(4) the application must specify the following for each primate proposed to be kept under the licence:

• its name and sex
• its species
• its date of birth or, if not known, its approximate date of birth
• the number of any microchip implanted in the primate

The local authority may also specify any other information and format they reasonably require (such as individual markings).

New licence applications

Local authorities should aim to issue a decision within 10 weeks of receiving the application and fee.

The process may sometimes take longer, for example if further information is required from the applicant or if it’s difficult to arrange the inspection. 

Local authorities should keep the applicant informed on timescales.

Fees

A local authority may charge fees to recover their costs. Under Regulation 13, local authorities can charge fees for: 

• any application relating to a primate licence - this includes renewal, variation or surrender
• any inspection which it must or may arrange

Fee-setting

Local authorities must set fair and reasonable fees. For more information, read the following guidance: 

• Open for business: LGA guidance on locally set licence fees guidance
• BEIS guidance for business on the provision of services regulations
• Principles in the Regulators’ Code
• Local Government Animal Welfare Group guidance

Local authorities will need to provide information to applicants and licence holders on payment options.

Appointing a suitable person to inspect

Local authorities must appoint a suitable person to undertake the inspection. 

 A ‘suitable person’ is defined in Regulation 2 as:

(a) a veterinarian; or

(b) any other person who, in the view of the local authority, is suitably qualified and competent to carry out the inspection.

A suitable person is someone with appropriate professional experience, skills and formal qualifications. They must be experienced in either the inspection or management of primates, and competent to advise on their keeping and welfare, relevant regulations and primate management generally. This could include:

• a veterinary surgeon registered with the Royal College of Veterinary Surgeons (RCVS) in the UK
• an experienced or trained primate or animal licensing officer
• an experienced keeper from a UK zoo, with relevant qualifications and competency
• a recognised primate expert

Inspector training should cover the application, licensing conditions and inspection.

The local authority should ensure that any suitable person that is appointed follows appropriate administrative processes and has appropriate insurance. A suitable person would not include individuals who only privately kept a primate and do not hold any recognised expertise or qualifications.  

When to inspect

Local authorities must organise and conduct an inspection before they decide to:

• grant or refuse a new licence
• change the premises specified on the licence to a different premise within the same local authority area
• renew a licence
• resolve a rectification notice

Local authorities may also organise and conduct an inspection before they decide to:

• reduce or increase the number of primates the holder is authorised to keep
• add or remove a species that the holder is authorised to keep

At least one inspection of the licensed premises by a suitable person is required during any licensing period. This does not apply where the licence is granted for a period of less than one year.

Determination of applications

Under Regulation 7, before determining whether to grant an application for a primate licence, local authorities must arrange for a suitable person to inspect the premises specified in the application.  The suitable person must produce a report to determine whether the licence conditions are likely to be met if the application were to be granted.

When determining the applicant or licence holder’s suitability, local authorities must take into account:

• any previous failure by the applicant to meet licence conditions
• any other conduct of the applicant that is relevant

Inspection reports

The suitable person’s inspection report should set out their assessment of the applicant’s likely compliance with the licence conditions based on the inspection carried out. This should include information about each of the licence conditions. Local authorities should consider which documents they would like the suitable person to inspect as part of the inspection.

The local authority should provide the suitable person with appropriate administrative support to produce the inspection report. The local authority must consider the inspection report before deciding to grant or refuse a new licence under Regulation 7 or when considering to renew a licence.

The suitable person may ask to look at records and written procedures to make sure licence holders are complying with the licence conditions.

Granting primate licences

Local authorities must be satisfied that the licence conditions are likely to be met if the application were to be granted.

Under Regulation 8 the local authority must specify all the following information in any licence it grants:

• the premises where the primates are to be kept
• the primate species - this should be the Latin name (that is, the full scientific name) for the species to prevent confusion
• the number of each primate species that the holder of the licence is authorised to keep at the premises
• the time period of the licence including exact dates
• the period within which an application for renewal of the licence must be made to the local authority
• the Schedule 1 licence conditions

The period of the licence must be 3 years or, where requested by the applicant, a shorter period ending on the date specified by the applicant.

Who is responsible for the primates

The licence holder has overall responsibility for the care and management of the primates kept under a primate licence and for making sure that the licence conditions attached to the licence are met.

Disqualifications and convictions

No person can keep a primate or apply for a licence to keep a primate if they are disqualified from keeping a primate.

A person is considered disqualified from keeping primates under Regulation 6(6) if they are disqualified from keeping primates of any description under:

• section 34(2) of the Animal Welfare Act 2006
• section 1 of the Protection of Animals (Amendment) Act 1954
• section 40(1) of the Animal Health and Welfare (Scotland) Act 2006
• section 33(1) of the Welfare of Animals Act (Northern Ireland) 2011

Local authorities may also want to consider other relevant convictions under the Animal Welfare Act such as disqualification for keeping other animals or take into account any other conduct of the applicant that is relevant.

Where a holder of a primate licence is convicted of an offence under section 4 or 9 of the Animal Welfare Act 2006, a court can make an order cancelling a primate licence under section 42 of the Animal Welfare Act 2006 and disqualify the holder from owning or keeping primates for any period it sees fit under section 34 of the Animal Welfare Act 2006.

Inspections of licensed premises

Under Regulation 12, the local authority may arrange for a suitable person to inspect the premises during the licence period (an interim inspection) to determine whether the licence holder is meeting the licence conditions.

There must be at least one inspection during the licence period if the licence is granted for one year or longer.

The suitable person must visit the premises. The suitable person should ensure that they produce a report for the local authority based on their inspection.

Varying or surrendering a licence

Under Regulation 9, the licence holder may apply to the local authority that granted it to vary the licence.

Licence holders can apply to vary the licence to:

• reduce or increase the number of primates of any species that may be kept under the licence
• add or remove a species of primate that may be kept under the licence
• change the premises specified in the licence to other premises in the area of the same local authority

Before granting an application to vary a licence, the local authority can request further information from the licence holder. The local authority may also arrange for an inspection of the licensed premises by a suitable person to determine whether to grant an application for the variation in the number of primates or the species of primate that may be kept under the licence.

If the application is to vary the premises at which the primates are to be kept, local authorities must arrange an inspection by a suitable person before deciding whether to grant the application.

Where someone wishes to move the primates to premises in a different local authority area, the keeper will need to apply for a new licence from the local authority in whose area they wish to keep the primates.

In the event that a primate keeper decides that they cannot meet the licence conditions and wishes to have their primates rehomed, it would be useful for local authorities to discuss with keepers their plan for where primates may be relocated to.

Licence holder applications to surrender a licence

Under regulation 9(4) a licence holder may apply to the local authority that granted the licence to surrender the licence.

Regulation 9(5) requires that the local authority grant the application to surrender if satisfied that the licence holder no longer requires the licence. The local authority must specify in writing the date on which the licence is surrendered.

Applications to surrender a licence should specify:

• the reasons for surrender
• where any primates are still at the licensed premises, information on where they are being moved to and who will be responsible for them at those premises

Licence renewal applications

Under Regulation 10, the licence holders may apply to renew a licence. The application must be made to the local authority that granted the licence. The date by which an application for the renewal of the licence must be made must be included in the licence.

Local authorities should also remind licence holders of the date by which they must submit the applications for renewal.

The licence holder must renew a licence within the renewal period specified in the licence. The local authority will need to consider an appropriate renewal period to ensure there is no break in the licence.

Renewal applications follow the same process as applications for a new licence, including:

• applications – including any information the local authority may reasonably require
• appropriate fees
• inspection by a suitable person of the licensed premises to enable the local authority to determine whether the licence conditions are likely to continue to be met

A renewed licence must include the same information as a new licence, including the period of the renewed licence and the date by which the next renewal is due.

Following an inspection the local authority will need to determine whether to grant or refuse the application for renewal. If the local authority is satisfied that the licence holder will continue to meet the licence conditions, they must grant the application to renew the licence. Otherwise, the local authority must refuse the application.

In deciding whether the licence holder will continue to meet the licence conditions, the local authority may consider:

• any previous failure by the applicant to meet the licence conditions
• any other relevant conduct of the applicant that is relevant

The renewed licence period must start from the end of the most recent licence period. The licence period must be 3 years unless the applicant has requested a shorter licence period, for example to align with the DWA licence period.

A licence may be renewed any number of times, subject to the satisfaction of the local authority inspection process.

Death of a licence holder

Where a licence holder dies during the licence period, the procedure in Regulation 11 applies and the licence is deemed to be granted to the personal representatives of the former licence holder. The personal representatives will automatically become the holder of the primate licence and will be responsible for the care and management of the primates which the former licence holder was authorised to keep.

Licence holders must have suitable arrangements in place if they die. Under the condition 10, licence holders must maintain a written record of procedures to be followed in the event of their death. As with other records, these should be considered when granting the licence.

If the personal representatives of the licence holder notify the local authority of the death within 28 days:

• the licence will automatically expire 3 months after the date of death of the former licence holder but
• the local authority may extend the licence period for up to 6 months upon application by the personal representatives if the local authority is satisfied that it is appropriate to do so.
• if the licence holder’s personal representative applies for a new licence before the current one expires, the existing licence remains in place until a decision is made on the new application

Where the personal representatives do not notify the local authority within 28 days of the licence holder’s death, the licence will expire at the end of the 28 days.

Enforcement and non-compliance

A local authority must investigate non-compliance and take relevant action when non-compliance is suspected or identified.

This can include the following:

• inspecting records required to be kept by the licence conditions (under Section 25 of the Animal Welfare Act 2006)
• conducting inspections to check compliance with the licence conditions of a licence (under Section 26 of Animal Welfare Act 2006)
• issuing rectification notices (Regulation 16)

A local authority must consider primate welfare when applying enforcement actions and should seek to initially address non-compliance through rectification conditions where possible. 

More serious breaches or concerns to primate welfare would require:

• variation, or revocation of licences
• prosecution

Failure to comply with a licence

Under Regulation 14, a licence holder commits an offence if they fail to comply with a licence condition.

Under Regulation 18, breach of a licence condition is treated as a relevant offence with regards to powers of entry under section 23 of the Animal Welfare Act 2006. This includes entry and search under warrant in connection with an offence.

A person who commits an offence is liable on summary conviction to a fine.

In proceedings for an offence under this Regulation, it is a defence for someone to prove that they took all reasonable precautions and exercised all due diligence to comply with the licence condition.

Under Regulation 19, where an individual is convicted of an offence under the Regulations, the court may also make orders under the following sections of the Animal Welfare Act 2006:

• section 33 (deprivation)
• section 34 (disqualification)
• section 37 (destruction in the interests of the animal)
• section 42 (orders with respect to licences)

Power to enter a premises

The local authority has a power of entry into a licensed premises under section 26 of the Animal Welfare Act 2006 in order to carry out an inspection to check compliance with the licence conditions attached to a primate licence.

An inspector can apply for a warrant under Section 23 of the Animal Welfare Act 2006 to enable a search to take place for evidence on the commission of a relevant offence. The warrant can be issued by a Justice of the Peace to enter any parts of the premises on reasonable grounds. This can be used for both unlicensed and licensed premises.

Rectification notices

If the local authority determines that a licence holder is failing to meet any of the licence conditions, they may issue a rectification notice under Regulation 15.

This will start a rectification period when licence holders must make improvements.

A rectification notice must:

• state that the local authority considers that the holder of the licence is failing to meet a licence condition, and why
• specify the steps that the local authority considers that the licence holder needs to take to comply with the licence condition
• specify a period not exceeding 2 years, in which those steps are to be taken

The rectification notice period should take into account the severity of the breach and ensure that the primate keeper is realistically able to meet the timeframe set. The rectification notice must also explain that the local authority cannot bring proceedings for an offence of failing to comply with the conditions of a licence where that failure relates to the rectification notice:

• before the end of a rectification period
• if the steps specified in the rectification notice are met

If the licence holder still does not meet licence conditions, the local authority can:

• extend the rectification period as long as the total rectification period does not exceed 2 years
• revoke or vary the licence

During rectification periods, primates remain with the licence holder subject to relevant animal welfare compliance. Local authority inspectors have the power to seize animals under section 18(5) of the Animal Welfare Act 2006.

Revoking or varying a licence

Regulation 16 sets out the local authority’s powers to revoke or vary a licence.

The local authority must revoke a licence when the licence holder has been convicted of any offence under the Animal Welfare Act 2006, provided the court has not already cancelled the licence under section 42 of the Animal Welfare Act 2006.

The local authority may also revoke or vary a licence if the licence holder does not:

• comply with a licence condition
• pay a fee
• grant access for an inspection required under the Regulations
• take the steps specified in a rectification notice

Licence variation may include:

• reducing the number of primates that the licence holder is authorised to keep
• removing a species of primate that the licence holder is authorised to keep

Notifying the licence holder of variations or revocations

The local authority must notify the licence holder in writing when it decides to vary or revoke a licence.

The written notice should:

• explain the reasons for the decision
• tell the licence holder when the change will come into effect
• share the licence holder’s rights to challenge the decision

Challenging a decision

Under Schedule 2, local authorities must inform applicants and licence holders of their right to make representations.

Applicants and licence holders can challenge a local authority decision to:

• refuse to grant or renew
• vary or surrender a licence application
• issue a rectification notice
• revoke a licence

Local authorities must have processes in place to manage challenges from licence holders about decisions and share this with applicants and licence holders.

Applicants and licence holders have 28 days to make written representation to the local authority. The 28 day period starts on the day on which the applicant or licence holder is first notified of the local authority’s decision.

Local authority response to representation

When an applicant makes written representations within the 28 day period, the local authority must reconsider the decision and decide to either:

• maintain the decision
• change the decision

The local authority must reply to the representations to explain:

• the decision on the representations
• the reasons for their decision

The local authority must notify an applicant or licence holder of their right to appeal if the outcome of the reconsideration was to:

• refuse an application
• continue with the notice (with or without variation)
• proceed with a revocation or variation

Appeals

Individuals can appeal to a first-tier tribunal if they do not agree with the local authority’s decision following its reconsideration. This must be done within 28 days. The 28 day period starts on the day on which the applicant or licence holder is first notified of the local authority’s decision.

On appeal, a first-tier tribunal may either uphold the local authority decision, or require the local authority to:

• grant, renew, vary or surrender the licence
• withdraw or vary the notice
• rescind the revocation or variation

During a representation or appeal process, the following applies:

• a primate licence will not expire as long as a renewal application has been made
• a rectification notice does not have effect
• the revocation or variation of a licence does not have effect

Reporting primate licences and fees to the Secretary of State

Under Regulation 21, all local authorities must report the following information to the Secretary of State by 1 April each year:

• the number of primate licences in force in its area on the 1 April of that year
• the number of primates by species in the authority’s area kept under primate licences
• the level of fees charged for licences it has granted or renewed in each reporting period
• any other information relating to the discharge of the authority’s functions under these regulations that the Secretary of State may reasonably require

Published 10 July 2025