Three Owls - The letter

Three Owls Bird Sanctuary

A small, but vociferous, number of supporters of the Three Owls Bird Sanctuary have been insistent that a letter sent by the Council to Nigel Fowler of the Sanctuary was a "closure notice". When challenged some have amended this claim to "forcing closure". Rochdale Council has disputed those accusations and said it had made it clear to the trustees of the Sanctuary that the Council did not want the Sanctuary to close and was awaiting a reply to the letter with a view to organising further meetings when the trustees abruptly, and without notice, closed the Sanctuary.

In the interests of openess and transparency Rochdale Online approached the Council and Mr Fowler, to whom the letter was addressed, and asked for permission to publish. The Council gave permission, Mr Fowler, although replying each time to three seperate requests avoided giving permission, until his most recent email in which he said he was of the opinion his permission was not needed.

On that basis, and in the public interest, we publish the letter - see below:

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Dear Mr Fowler,

Zoo Licensing Act 1981 and its application to the Three Owls Bird Sanctuary and Reserve

Thank you for accommodating the meeting which took place on Wednesday 20 January 2010 involving yourself, Stewart Jennings, Councillor Metcalfe, Councillor Gartside, Nicola Rogers and myself. At the meeting we discussed the Council’s position regarding the Three Owls Bird Sanctuary and Reserve and the Zoo Licensing Act 1981. As stated and agreed at the meeting, I now write to confirm the information provided by both myself and Nicola and the agreed way forward at this stage.

I thought I would also be in a position to respond to your letter dated 21 January 2010 regarding your request for information under the Freedom of Information Act. You requested an independent review of the situation and to be furnished with a full and true copy of the original communication to the Service. I have requested assistance from the Performance and Development Service and unfortunately I am still not yet in a position to respond fully. May I again apologise for the Service not providing a full response to your original request. I understand you did receive an interim response from Peter Rowlinson dated 14 October 2009, but did not receive a further final written response. I still intend to respond at earliest opportunity, hopefully in the very near future.

With regard to the detail of the meeting held on 20 January 2010, I would like to confirm the four areas we discussed on the day:

1) Legal Definition and Interpretation

The Zoo Licensing Act 1981 is designed to both protect the welfare of animals in captivity and to ensure the protection of the public from the zoo operation (both in general and whilst visiting the site). The Act defines a zoo as “an establishment where wild animals are kept for exhibition to the public otherwise for the purposes of a circus and otherwise than in a pet shop, to which members of the public have access, with or without charge for admission, on more than 7 days in any period of 12 consecutive months”.

Discussions between yourself and Council officers on earlier occasions have allowed the Council to understand the current operating practises on site. Details of these have been relayed to the Council’s legal team on two separate occasions; in both instances it has been deemed that the current operating practises fall within the scope of the Act, thereby requiring the Sanctuary to obtain a Zoo Licence.

Discussions took place around each of the criteria within the definition. The Council’s legal opinion is that:

1. Three Owls is an “establishment” within the wording of the Act. It is a registered charity (charity number 29852) and has been in operation for 47 years, 40 of which have been spent operating at the premises in Rochdale (from 1969 to date). 
2. Three Owls does keep “wild animals”. The birds on site are of wild species and are not normally domesticated in Great Britain. Some of the animals are unable to be released back into the wild as they are injured or imprinted by humans and would be unable to survive in the wild. 
3. Some of the resident birds are “kept for exhibition”. It has been pointed out that this is neither the sole nor main purpose of keeping the birds; this is accepted. It is understood that the resident birds are kept for their welfare; however, it is clear that they are displayed to the public during guided tours. 
4. Three Owls is open to the public on more than 7 days in any 12 month period. Members of the public can walk “off the street” into Three Owls every Sunday afternoon. Access is available midweek by prior arrangement only. It is accepted that the public cannot wander unaccompanied around the site as they are obliged to participate in a guided tour.
   It is understood to be a condition of the Sanctuary’s charitable status that the public have access to the premises. On-site facilities support this public access, with a large proportion of the aviaries benefiting from walkways and footpaths around the site. A European grant was sourced to provide a public disabled access ramp to part of the site. Visitor toilets are also provided. 
5. Access to Three Owls is without charge. The charity does rely on donations to support the running costs. It is accepted that donations are more likely to be made if the sponsor can see the facilities, the birds and the work they are helping to support.

2) Practicalities

It is believed that current operating practices fall within the scope of the Zoo Licensing Act 1981. However, the authority would urge the trustees to consider changes to operating practises, as these may potentially take the Sanctuary outside the legislation.

1. If guided tours were available to the public on 6 days or less in any 12 month period, a licence would not be applicable. 
2. If a “true” membership scheme was in operation and access to view the birds was restricted to members only and not the public, then a licence would not be applicable.
   If such changes are not considered feasible, then the authority would advise the trustees to consider on-site adaptations that could then enable either the local authority or trustees to apply to the Secretary of State for either an exemption or dispensations from the legislation. (I understand that the Secretary of State may only make a direction mentioned above where she is satisfied that it is not prejudicial to the protection of wild animals and the conservation of biodiversity to do so). 
3. If the resident bird collection that is currently available for viewing during the guided tours is split, and fewer than 120 specimens of non hazardous and / or non conservative sensitive species are displayed, an exemption from the Act could be applied for under Section 14(1)(a). 
4. If the resident bird collection that is currently available for viewing during the guided tour is split, and fewer than 200 specimens of non hazardous and / or non conservative sensitive species are displayed, a dispensation from the Act could be applied for under Section 14(1)(b). 
5. If the resident bird collection that is currently available for viewing during the guided tour is split and less than 50 specimens of hazardous and / or conservative sensitive birds are displayed, a dispensation from the Act could be applied for under Section 14(2).

3) The position of other local authorities

Discussions at previous meetings with yourselves have indicated that there are other sanctuary premises in different parts of the country. You expressed the view that these were sanctuaries operating in a similar manner to the Three Owls Bird Sanctuary and Reserve, yet did not possess zoo licences. Approaches have now been made to the local authorities in whose areas these premises where located, and views gathered as to how those premises were applying the legislative definition. I can confirm that:

• Festival Park Owl Sanctuary in Ebbw Vale is deemed by Blaenau Gwent County Borough Council to meet the criteria requiring a licence under the Zoo Licensing Act. Currently, the premises does not hold a zoo licence and the local authority has issued a zoo closure notice. The sanctuary continues to operate but the unlicensed zoo has closed; this means that the public do not have access to see the birds, but are still able to visit the shop, blacksmith and any other such facilities; 
• Mousehole Bird Sanctuary is also deemed by Cornwall District Council to meet the criteria requiring a licence under the Zoo Licensing Act. However, the sanctuary has applied for and been granted an exemption under Section 14(1)(a) and therefore the Act does not apply; and 
• St.Tiggywinkles Animal Hospital is deemed by Aylesbury Vale District Council to require a licence under the Zoo Licensing Act. The sanctuary has applied to the Secretary of State for a dispensation on inspections but has recently been refused. Both parties are now considering how to progress this. 

This information demonstrates that the approach and stance taken by Rochdale is consistent with that of other local authorities, and with regard to similar premises.

4) The way forward at this stage

We agreed that the above information would be confirmed in writing and sent out to you. We also agreed that the trustees would consider this information (including all the options identified) and would respond in writing within 4 weeks from receipt. We look forward to receiving your response in due course. Your response should highlight any comments you may have in relation to the Council’s position. It would also be appreciated if you could give an indication of the trustees wished to proceed.

I appreciate this is a very challenging time for all concerned with the Sanctuary. I have sought to reassure you on previous occasions and through the Council’s media responses that the work undertaken at the Three Owls Bird Sanctuary and Reserve is viewed as important and very worthwhile. We have no desire to see the facility close. The Council’s only desire is to ensure that relevant legislation is complied with and not knowingly breached.

I do understand your concerns about the impact any changes may have to the viability of the Three Owls Bird Sanctuary and Reserve. Business support can be offered from the Council’s Business Liaison Manager and a referral can be made to Business Link to offer support in making any adaptations and maximise income opportunity. The Business Liaison Manager is Carol Hopkins and her contact number is 01706 924886.

I look forward to your response.

Yours sincerely

Andy Glover
Interim Public Protection Manager