Dog Regulation
The Dogs (Northern Ireland) Order 1983 regulates dogs in general. Except as permitted, it is unlawful to keep a dog of any description unless the person keeping the dog holds a dog licence authorising them to keep a dog of that description. The licence is issued to the keeper of the dog.
Persons may be disqualified from holding dog licences under Welfare of Animals legislation. A person under 16 is not qualified to hold a dog licence. A licence apparently held by such a person is void.
A dog licence is not required for a dog under six months of age if the dog is kept at the time of its birth by the keeper of the dog that gave birth to it; a dog kept and used wholly or mainly by a blind person for their guidance; a dog kept in a licensed pet shop where the dog is on offer for sale to the public; a dog kept under a block licence; a dog kept wholly for police purposes; a dog kept for other prescribed purposes.
District Councils issue dog licences for dogs kept by persons resident in their districts. The format is prescribed, and a prescribed fee applies.
Where a dog dies before the expiry of the licence and is replaced, the dog licence may be transferred by a transfer certificate issued by the District Council.
The general level of the dog licence fee under the legislation is £5, which may be altered. The Department may make an order exempting persons from holding a dog licence. Where a dog dies or is disposed of, or not taken into possession, the holder may apply for a refund. A person over 65 who lives alone, where the dog is normally kept in their possession, is entitled to a 50% rebate on the dog licence fee, in respect of one dog.
Block licences may be issued by District Councils for premises on which more than three dogs are kept. There must be not less than three unsterilized bitches used for training, not less than three dogs registered with the Kennel Club or other organisation as may be prescribed or guard dogs kept by persons registered which are used as guard dogs elsewhere.
A person shall not keep guard dog kennels unless they are registered for the same. A person may not use a dog which is normally kept at unregistered dog kennels. Breach is an offence.
An application for the registration of guard dog kennels is made to the District Council. The holder must not be disqualified. The certificate of registration is issued. Regulations may be made for the construction and operation of guard dog kennels.
There is provision for appeal against the cancellation or refusal of registration of a guard dog kennel. Prior notice must be given by the District Council, setting out the reason. The person is given an opportunity to make representations. Persons aggrieved may appeal to the magistrates’ court.
A person shall not keep a breeding establishment unless they are registered. Contravention is an offence. An application is made for registration to the District Council. Similar provisions as apply above apply. A person may not hold a licence if they are disqualified. Regulations may provide for the construction, operation, or breeding establishments.
A certificate of registration of guard dog kennels or breeding establishments must be kept in a conspicuous place and exhibited. Breach is an offence.
District Councils are to maintain a register of dog licences, block licences, guard dog kennel licences, and breeding establishment licences. The register may be inspected by officers of the Department, the council, or members of the police, or by the public on payment of a fee.
Any person who keeps a dog without a licence or keeps a dog of a different description to that permitted by the licence may be convicted summarily and subject to a fine of up to £200. It is an offence to apply for or obtain a dog licence or registration while disqualified.
It is an offence to take possession of the dog before obtaining a licence. It is an offence to sell or give a dog to another in respect of which a licence is required unless a licence is produced. The same is subject to summary conviction to a fine of up to £200.
An officer may require the production of a dog licence or block licence. A person who fails to produce a dog licence immediately or to bring it within seven days of being required to produce it is guilty of an offence. It is subject to summary conviction to a fine of up to £50.
Where a dog strays, its keeper and a person who is in charge are guilty of an offence subject to summary conviction of a fine up to £200. It is a defence that the dog was entrusted to the charge of a person who they reasonably believed to be a fit and proper person to be in charge of a dog.
A dog off land owned or occupied by the keeper of the dog or that of its owner, or off other land on which it may be by permission; which appears to be unaccompanied, is treated as a stray dog.
An officer may seize a stray dog. Such a dog is taken to a dog pound and may be detained by the District Council in which the pound is maintained until claims and all expenses of detention and costs incurred are paid.
Where a dog has been seized and has been detained for more than five years without being claimed; or the expenses are not being paid, the council may cause the dog to be destroyed in such a manner as to cause as little pain as possible. Councils and their officers are immune in respect of illness, injury or death to dogs, unless it is attributable to negligence. In the alternative to being destroyed humanely, the dog may be sold. The Department may set minimal prices and may vary the number of days of detention.
A person who finds a dog off land owned by its occupied or owner or land on which it is kept by permission; which appears to be unaccompanied may detain the dog. Any person whatsoever may do this. He shall, within 24 hours of such finding, give notice to the police at the nearest police station or to the District Council.
The officers are to make arrangements to collect the dog and deliver it as above. The above provisions shall apply. A keeper of a dog or a person in whose charge of it, may not allow a dog to be on any road designated under section 100 of the Planning Act or on any land where livestock are present or have a right to be, unless it is under control. This does not apply to a dog on land owned or occupied by its keeper or owner; on land with the permission of the owner or occupier of that land; being used to drive or tend sheep or cattle; being used in a pack of hounds; being used for police purposes; being used for such other purposes as the Department may specify.
Contravention is an offence prosecutable summarily and subject to a fine of up to £200.
Holders of dog licences or block licences convicted of certain offences under the Welfare of Animals Act may have their licence suspended. Where a licence is suspended, the court may make such an order as it thinks fit for the disposal and destruction of dogs kept by the holder of the licence.
Certain offences may be the subject of fixed penalty notices in lieu of prosecution. They apply to the following: keeping a dog without a licence, penalty for dog straying, control of a dog on roads, failure to display the keeper’s name, Control of Greyhounds Act offences.
On payment of the fixed penalty, the offence is not prosecuted. The fixed penalty is paid to the Clerk of the Petty Sessions or such other persons as the Department may determine, by order. The fixed penalties are specified in legislation and may be revised.
District Councils have the power to enforce the dog’s legislation. They may establish dog pounds and make arrangements with persons who have kennels for the use of the kennels by the council on terms as may be agreed. They may appoint officers to exercise the functions of officers under the legislation. Officers have powers where they have reasonable grounds to believe an offence is being committed, to request the name and address of a person who appears to be in charge of a dog. They may seize and detain a dog for physical examination by himself or a veterinary surgeon. They may enter on land for the purpose of preventing a dog attacking any person or ending any such attack or preventing or ending worrying of livestock. They may not enter in a dwelling house.
Officers may inspect kennels and breeding establishments. They have powers of entry. The resident magistrate may issue a warrant to enter places.
The Control of Greyhounds (NI) Act 1950 imposes restrictions on greyhounds to safeguard the public.
A person shall not lead or cause, or allow to be led at large, a greyhound in a street, road, highway, or other public place or places to which the public have access, unless the greyhound is under control and muzzled. This does not apply to dog trials or places where dog races are taking place.
A person shall not exercise or lead, or allow more than one person to lead more than two greyhounds in any street, highway, or public place, other than as mentioned above.
Contravention of any of the above is subject to summary prosecution and a fine of up to £200.
The owner of a greyhound is liable for damages for injury caused by the greyhound due to a contravention of the above provision. It is not necessary for the person seeking such damages to prove that the owner knew of such previous propensity or that the injury was attributable to neglect on the part of the owner. This does not prejudice any other right to damages that may exist.
These regulations do not override any provisions or enactments relating to dogs. The legislation does not restrict hare coursing outside of county boroughs or urban districts.