Background
Mr David Stanley Gill holds a zoo licence issued on 8th June, 2010 to operate a zoo at premises known as South Lakes Safari Zoo Ltd, Crossgates, Dalton-in-Furness, Cumbria, LA15 8JR [the Zoo].
On 28th and 29th January, 2014, a Special Inspection was carried out at The Zoo and the results of the inspection were brought to a special meeting of the Licensing Regulatory Committee on 23rd June, 2014 following which Members resolved on 1st July, 2014 to place 11 additional conditions on the zoo licence.
The Zoo had been subject to 3 Special Inspections (11th November, 2014, 26th February, 2015, and 23rd April, 2015) to assess compliance with a number of these conditions. The results of these inspections were reported to Committee on 13th August, 2015 and the Committee resolved to make alterations to the zoo licence.
Three of these alterations involved conditions;
• 20a – Removal of the muck heap away from the moat in the African Field;
• 21 – Survey of the wooden public walkways; and
• 23 – Firearms protocol and training
A Periodical Inspection of the zoo has now taken place (17th and 18th November, 2015) and this has revealed that the three abovementioned conditions have not been complied with in relation to the deadlines set by the Committee. The three conditions and details of the non-compliance along with Officer recommendations are set out overleaf.
For Members’ information, the full findings of the November 2015 Periodical Inspection will be placed before the Licensing Regulatory Committee at a future meeting when the Inspectors’ report has been completed.
Condition 20(a) In accordance with 8.5 and 8.10 of the SSSMZP the existing muck heap in the African Exhibit must be moved to the middle of the paddock within 14 days so that waste does not fill the adjacent moat and aid escape of the Baboons
(Category 1 animal)
Officer’s Comments
In the Zoo’s African Paddock there are Rhinos and Giraffe housed together with Baboons. Waste bedding and faeces from the animal housing is disposed of on a muck heap close to a moat and the perimeter fence with a view to it rotting down over the year and then being spread over the other paddocks annually. During the January 2014 Special Inspection the Inspectors considered that this is unacceptable due to:
• The risk of bacterial diseases being transmitted from the animal waste to inhabitants of the exhibit.
• The run off from rotting manure posing an environmental contamination
risk.
• The muck heap providing an aid for the baboons to scale the fencing.
The original condition required the removal of the muck heap by 31st December, 2015 but the Zoo requested an extension as they proposed to move the muck heap to a purpose built facility that is off show and separated from the animals. However, they stated that it was not practical to utilise the new facility until the Rhino and Giraffe were moved to their new paddock in spring 2016.
In the meantime to deal with the escape risk from the baboons it is was agreed at the April Special Inspection between Senior Zoo Management and Council Officers that the muck heap would be moved further into the field and it would also be ensured that the muck was not able to fill the moat which currently runs along the fencing. It was verbally agreed at the time that this could be accommodated immediately by the Zoo.
At the Periodical Inspection on 17th November 2015 it was apparent that the Zoo had not complied with this condition as the muck heap, although moved from it’s original position, was still adjacent to the external fence, therefore the potential for the baboons to escape still exists.
Recommendation
That the Committee elevate Condition 20(a) to a Direction Order with a compliance deadline of 14 days.
Reason for Recommendation
It has been accepted that the Zoo is unable to move the muck heap, due to the issues of vehicles negotiating multiple gates, until the large animals are moved next year. However, moving the muck heap away from the moat and enclosure fence will reduce the escape risk and is deemed to be an easy task. The timescale for achieving this was agreed during a Special Inspection with the Zoo Management.
Options
The options available to Members are:-
• Accept the Officer’s recommendation
• Accept the officer recommendation and authorise officers to serve a Direction Order with a different timescale for compliance.
• Reject the officer recommendation and grant the Zoo an extension of the deadline for the existing condition.
Condition 21 In accordance with 8.13 and 8.18 of the SSSMZP, the public
wooden walkways and platforms must be designed to meet BS 6399-1: 1996 and be able to cope with the heavy duty loading and maintained in safe condition. The effect of any walkway or platform stanchions being submerged in water for prolonged periods should be assessed in terms of deterioration and structural stability. A programme of inspection, maintenance and structural repairs needs to be documented.
A report must be produced for the Licensing Authority addressing the following six issues:-
1) The Zoo must produce design calculations that
demonstrate that all timber walkways and platforms are
designed to carry the loads specified in Clause 10 and
Table 4 of BS 6399-1: 1996 with structures considered to be
carrying ‘heavy duty’ loading;
2) Design calculations must be produced to confirm that
‘stability critical’ longitudinal and lateral sway stiffness of
the structures is confirmed for at least 10% of the 5kNm-2
vertical loading in the appropriate combinations with lateral
loading on the parapets and the timber post supports;
3) The Zoo must demonstrate through design and calculations
that the design incorporates protection against any
accidental (impact) loading on the timber posts;
4) The Zoo must demonstrate through design and calculations
that the design incorporates a suitable assessment for any
disproportionate collapse (i.e. structural integrity under
failure of one or possibly more timber posts);
5) That the Zoo provides an independent Structural Engineer’s
report on the condition of the timber walkways and platforms within the Zoo and carry out any works that will meet the design standard and specifications above; and
6) That the Zoo implements a regular recorded assessment,
inspection and maintenance regime
[Timescale by 13th November 2015]
Officer’s Comments
The walkways have been a cause of concern over the duration of the zoo licence and the issues are as yet unresolved. The previous history has been reported to past Committees but concerns were raised during Formal Inspections in 2009 and 2013 as well as Special Inspections in 2014
The SSSMZP states that:
paragraph 8.13 Buildings and structures to which the public have access must be maintained in a safe condition.
paragraph 8.15 Areas where visitors are encouraged to go should have surfaces to avoid the risk, as far as is reasonably practicable, of visitors falling or tripping.
paragraph 8.18 Where a walkway passes over an animal enclosure it should be designed, constructed, and maintained to ensure that it is safe.
It is fundamental to public safety that elevated walkways, viewing platforms, and other similar structures should be designed to the correct standard and also subject to the correct level of inspection and preventative maintenance. A failure of a walkway or a platform may place members of the public in close proximity to dangerous animals that may then hamper rescue operations.
During the inspection of November 2015, it was noted by the inspectors that;
1. According to the accident book there have been a number of slips/ accidents on the wooden walkway within the last year.
2. That within the previous month chicken wire has been laid down on the
walkways to decrease the potential of slips. Although this decreases the
potential of ‘slips’ in many areas, the chicken wiring does not cover all of the wooden surface leaving a number of areas that are still slippery. In other places the chicken wiring edging is loose, or already lifting due to foot wear and may act as a trip hazard. Considering the high foot fall of public on these walkways this chicken wire as it stands may not be suitable and will not be sustainable for a prolonged period of time.
3. The structural integrity of the some of the walkways is of concern. Some wooden posts were noted to be rotten, either at the top of the wooden posts (e.g. post on the walkway overlooking the ant eater enclosures), or at the bottom (e.g. support post adjacent to the tiger enclosure)
The Zoo have failed to comply with the revised condition 21 imposed by this Committee.
Recommendation
That the Committee elevate Condition 21 to a Direction Order with a compliance deadline of 28 days and that the Direction Order requires all walkways and platforms to be closed to the public until the Direction Order is lifted
Reason for Recommendation
The Zoo has, to date, been unable to satisfy the Council that the design is sufficient to take the projected load, and that the structures are subject to suitable inspection and maintenance.
At the summing up of the Periodical Inspection on 18th November the Zoo admitted they had not yet found a contractor to progress the report despite the deadline having passed.
The photographs included above demonstrate that the wooden walkways have deteriorated and that they have sustained damaged which could be structurally significant. Collapse of any of these sections could put members of the public in contact with the zoo’s animals which include those regarded as Category 1 (capable of significant harm), as well as the height involved in any potential fall.
Options
The options available to Members are:-
• Accept the Officer’s recommendation.
• Accept the officer recommendation and authorise officers to serve a Direction Order with a different timescale for compliance, and determine that the walkways do not need to be closed.
• Reject the officer recommendation and grant the Zoo an extension of the deadline for the existing condition.
Condition 23. Firearms cover and Protocol regarding escapes
In accordance with 8.20 and 8.34 of the SSSMZP there must be an agreed and written protocol for liaison with the Cumbria Constabulary in response to the escape of an animal outside of the perimeter of the licensed premises and appropriate firearms cover for the premises. This must be reviewed on a yearly basis and be provided to theLicensing Authority upon review.
[Timescale by 1st December 2015 and then annually by 1st
April]
Officer’s Comments
There was no Police representation at the periodical inspection however Inspector Telford of the Firearms Operations Unit has provided the following written statement.
The condition contains two requirements; the first is for a written protocol for liaison with the Police. This was completed earlier this year to the Police’s satisfaction. The second requirement is for appropriate firearms cover and here Inspector Telford is not content that the Zoo is meeting the minimum requirements of the legislation.
Instead he points to the need for further training in competent weapons handling by those members of the Zoo staff authorised, and further training along the Police.
Recommendation
That the committee escalate the condition to a Direction Order with a compliance date of 30th March 2016
Reason for Recommendation
The Zoo has, to date, not been able to satisfy Cumbria Constabulary that the Zoo has suitable firearms and staff trained in their use.
The Police, through the Firearms Operations Unit are continuing to work with the Zoo and therefore it is expected that 4 months is required to complete the work and ensure that the firearms provision meets the minimum required.
Options
The options available to Members are:-
• Accept the officer recommendation.
• Accept the officer recommendation and escalate the condition to a direction order with a different compliance deadline.
• Reject the Officer’s recommendation and extend the compliance date for the Zoo to meet the condition.
Considerations
(i) Legal Implications
(ii) The Zoo requires a licence to be able to open to the public and the Zoo LicencingAct 1981 makes the local authority responsible for administering the Licence. Anyone running a Zoo without a licence is guilty of an offence. The Local Authority’s power to alter a licence is contained within Section 16 of the same Act
(1) At any time after the grant of a licence under this Act, it may be altered by the local authority if in their opinion it is necessary or desirable to do so for ensuring the proper conduct of the zoo during the period of the licence (whether their opinion arises from an inspectors’ report or an alteration of standards specified under section 9 or otherwise).
(1A) Subsection (1B) applies where—
(a) the authority have made a direction under section 16A(2) in respect of a zoo;
(b) the period specified in that direction by virtue of section 16A(2)(c), including such a direction as varied under section 16A(4), has expired;
and
(c) the authority are satisfied that a condition specified in that direction which requires any conservation measure referred to in section 1A to be implemented at the zoo is not met in relation to—
(i) if the zoo was specified under section 16A(2)(b)(i), any section of the zoo;
(ii) if a section of the zoo was specified under section 16A(2)(b)(ii), that section of the zoo or any smaller section of the zoo included in that section.
(1B) The authority shall make such alterations to the licence as they consider to be necessary or desirable to ensure that the section of the zoo in relation to which they are satisfied that the condition is not met is closed permanently to the public.
(2) Before exercising the power under subsection (1), the local authority shall give the holder of the licence an opportunity to make representations.
16A Enforcement of Licence Conditions
(1) Subsection (2) applies where the local authority, after giving the licence holder an opportunity to be heard, are not satisfied that a condition attached to a licence granted by them under this Act is met in relation to the zoo or a section of it.
(2) Unless subsection (3) applies, the authority shall make a direction specifying –
(a) The licence condition which they are not satisfied is met;
(b) Whether they are not satisfied that the condition is met in relation to –
(i) the zoo; or
(ii) a section of the zoo, and if so, which section;
(c) steps to be taken by the licence holder to ensure that that condition is met in relation to the zoo … within a period specified in the direction, which may not exceed two years from the date of the direction; and
(d) whether the zoo or a section of it is required to be closed to the public
during that period or any part of it specified in the direction.
There is a right of appeal under Section 18 to the Magistrate’s Court if the holder of the licence wishes to challenge the decisions of the Committee.
(1) A person aggrieved by
(a) the refusal to grant a licence;
(b) any condition attached to a licence;
(c) any variation or cancellation of a condition;
(d) the refusal to approve the transfer of a licence;
(e) a direction under section 13(8)(c) or 16A(2) or any variation of such a direction;
(f) a zoo closure direction;
(g) the refusal to approve a plan prepared under section 16E(2);
(h) a direction under section 16E(6) or any variation of such a direction; or
(i) any arrangements under section 16E(7) or (8),
may appeal to a magistrates’ court acting for the petty sessions area in which the zoo is situated.