Animals and Birds (Licensing of Premises for Pet Shop and Other Purposes) Rules

Animals and Birds Act

(Chapter 7, Section 80)

R 2

G.N. No. S 34/2004

REVISED EDITION 2004

(30th September 2004)

[27th January 2004]

Citation

1. These Rules may be cited as the Animals and Birds (Licensing of Premises for Pet Shop and Other Purposes) Rules.

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Definitions

2. In these Rules —

“licence” means a licence issued by the Director-General under rule 4 and “licensee” shall be construed accordingly;

“not-for-profit organisation” means any organisation —

(a)

that is not established or operated for the object of deriving a profit;

(b)

whose income and property —

(i)	may only be applied for the furtherance of its objects; and
(ii)	are not distributable to any shareholder, member, trustee or officer of the organisation except as reasonable compensation for services rendered; and

(c)

whose property, upon its dissolution, may only be distributed to one or more other organisations established for a similar object as the firstmentioned organisation;

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“pet animal or bird” means an animal or a bird intended for use as a pet;

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“pet shop” means any premises where pet animals or birds are kept or displayed for sale by retail or wholesale or for export;

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“premises” includes —

(a)	any building or structure, whether permanent or temporary;
(b)	any land, whether built on or not;
(c)	any place, whether open or enclosed, including any place situated underground;
(d)	any vehicle, train or vessel; and
(e)	any part of the premises;

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“residential premises”, in relation to any individual, means any place lawfully owned or occupied by the individual for residential purposes;

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“reward” means any payment or other benefit (whether monetary or otherwise).

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Licence for premises for use as pet shop, etc.

3.—(1) A person must not use any premises —

(a)	as a pet shop;
(b)	to exhibit animals or birds;
(c)	to distribute pet animals or birds;
(d)	to breed pet animals or birds for reward;
(e)	to board pet animals or birds for reward; or
(f)	to rear pet animals or birds for reward,

unless the person is the holder of a valid licence issued by the Director-General under rule 4 in respect of those premises and uses the premises in accordance with the conditions (if any) of that licence.

(2) A licence for the use of any premises as a pet shop is to be treated as a licence to also use the premises for any of the following:

(a)	the rearing of pet animals or birds when they are kept or displayed for sale by retail or wholesale or for export at those premises;
(b)	the exhibition or distribution of pet animals or birds.

(3) A licence for the use of any premises to breed, or rear, pet animals or birds for reward is to be treated as a licence to also use those premises for any of the following:

(a)	as a pet shop for such pet animals or birds;
(b)	for the exhibition or distribution of such pet animals or birds,

that are bred or reared (as the case may be) at those premises.

(4) Paragraph (1) does not apply to any premises in respect of which the Director-General has issued a directive under rule 7(2)(b) or (c) if those premises are used in accordance with that directive.

(5) To avoid doubt, paragraph (1)(e) does not apply to any premises that are intended to be used, or are used, solely for pet day care.

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Exception to licence for premises

3A.—(1) An individual may use the individual’s own residential premises for a purpose mentioned in rule 3(1)(d) without a licence issued by the Director-General under rule 4, only if all the conditions mentioned in Part 1 of the First Schedule are met.

(2) An individual may use the individual’s own residential premises for a purpose mentioned in rule 3(1)(e) without a licence issued by the Director-General under rule 4, only if all the conditions mentioned in paragraph 1 of Part 2 of the First Schedule are met.

(3) A not-for-profit organisation may use any premises owned or occupied by the organisation for a purpose mentioned in rule 3(1)(e) without a licence issued by the Director-General under rule 4, only if all the conditions mentioned in paragraph 2 of Part 2 of the First Schedule are met.

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Application for and issue of licence

4.—(1) An application for a licence in respect of any premises shall be made to the Director-General in such form or manner as the Director-General may require and shall be accompanied by —

(a)	the appropriate fee specified in the Second Schedule; and [S 667/2024 wef 29/08/2024]
(b)	such particulars, information and documents as the Director-General may specify.

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(2) On receipt of an application under paragraph (1), the Director-General may —

(a)	issue a licence to the applicant subject to such conditions as he thinks fit to impose; or
(b)	refuse to issue a licence to the applicant.

(3) In determining whether to issue or refuse to issue a licence, the Director-General may consider the suitability of the premises to be licensed for the purpose or purposes mentioned in rule 3(1) for which those premises are to be used.

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(4) For the purposes of paragraph (3), the Director-General may, at any time —

(a)	enter and inspect the premises in respect of which the application is made, or cause such premises to be inspected by an authorised officer;
(b)	require the applicant to make available any relevant documentation for inspection and copying; and
(c)	require the applicant, at his own expense, to make such alteration or improvement to such premises or to provide, fix or install such facilities and equipment as the Director-General may specify.

(5) The Director-General may refuse to issue a licence to an applicant if —

(a)

the applicant or one of his partners or, if the applicant is a body corporate, one of its directors —

(i)	had previously been convicted of an offence under the Act; or
(ii)	had previously held a licence issued under the Act and the licence was subsequently suspended or revoked under section 62 of the Act; or

(b)

in the opinion of the Director-General, the premises in respect of which the licence is being applied for are not suitable for the purpose or purposes mentioned in rule 3(1) for which those premises are to be used.

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(6) The Director-General may, at any time, vary or revoke any of the existing conditions imposed under paragraph (2)(a) or impose new conditions.

(7) Every licence issued under this rule —

(a)	shall be in such form as the Director-General may determine;
(b)	shall be valid for the period stated therein unless it is revoked under section 62 of the Act; and
(c)	may be renewed upon its expiry.

(8) Paragraphs (1) to (7) shall apply, with the necessary modifications, to an application for the renewal of a licence.

Transfer of licence

5. No licensee shall transfer or assign the benefit of his licence to any person without the prior approval of the Director-General.

Duties of licensee

6.—(1) Every licensee shall comply with the conditions subject to which his licence is issued.

(2) Every licensee shall, for the purposes of inspection of the premises in respect of which his licence is issued, allow the Director-General and any authorised officer full and free access to such premises at all reasonable times.

Power of Director-General to issue directives

7.—(1) The Director-General may, at any time, issue to any licensee such written directives as the Director-General thinks necessary for the purposes of safeguarding the health and welfare of the animals or birds in the premises to which the licence of the licensee relates.

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(2) Where a licence is suspended or revoked under section 62 of the Act, the Director-General may issue to the person whose licence was suspended or revoked one or more written directives that the Director-General thinks necessary —

(a)

for the proper care and handling of the animals or birds in the premises to which the licence was related;

(b)

if the licence was in respect of a pet shop —

(i)	for the sale or export from the pet shop of any relevant pet animal or bird; or
(ii)	for the adoption or fostering of any relevant pet animal or bird,

within the period specified in the written directive; or

(c)

if the licence was in respect of any premises for the breeding or rearing of pet animals or birds for reward —

(i)	for the sale or export from those premises of any relevant pet animal or bird; or
(ii)	for the adoption or fostering of any relevant pet animal or bird,

within the period specified in the written directive.

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(3) In paragraph (2), “relevant pet animal or bird” means —

(a)	in the case of the suspension or revocation of a licence in respect of a pet shop in paragraph (2)(b) — any pet animal or bird kept or displayed at that pet shop but not sold or exported by the day immediately before the date of such suspension or revocation, as the case may be; or
(b)	in the case of the suspension or revocation of a licence in respect of any premises for the breeding or rearing of pet animals or birds for reward in paragraph (2)(c) — any pet animal or bird bred or reared (as the case may be) at those premises before the date of such suspension or revocation, as the case may be.

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Power to waive or refund fees

8. The Director-General may, as he thinks fit, waive or refund the whole or any part of the licence fee payable under these Rules.

Offence and penalty

9.—(1) Any person who contravenes rule 3(1)(a), (b) or (c), 5 or 6(2) or any directive issued by the Director-General under rule 7(1) or (2) shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $5,000.

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(2) Any person who contravenes rule 3(1)(d), (e) or (f) shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $10,000 or to imprisonment for a term not exceeding 12 months or to both.

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10. [Deleted by S 667/2024 wef 29/08/2024]

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