Primate licensing in England is governed by the The Animal Welfare (Primate Licences) (England) Regulations 2024 SI 2024 No. 296 which forbids keeping primates as pets unless a licence is obtained.
The measures will come into force from 6 April 2026 when all primates in England will need to be kept to these zoo-level standards (for existing and prospective keepers) - in effect banning the practice of keeping primates as pets.
The legislation aims to prevent primates from being kept in low welfare domestic environments and mandates that private keepers stick to higher welfare standards similar to the those in licensed zoos.
Keeping primates: licensable activity
Section 13(1) of the Animal Welfare Act 2006 applies to the keeping of a primate other than where the primate is kept in:
- a zoo within the meaning of the Zoo Licensing Act 1981 and a licence in respect of that zoo is in force under that Act; or
- a place specified in a licence under section 2C of the Animals (Scientific Procedures) Act 1986
How to apply for a licence
- An individual who keeps or is proposing to keep a primate at any premises in England may apply for a primate licence to the local authority in whose area the premises are situated.
- An application may not be made by an individual:
- who is under the age of 18; or
- who is disqualified from keeping primates
- The application must specify:
- the name and address of the applicant
- the species of primate, and the number of primates of each species to be kept under the licence
- the premises where the primates are to be kept
- the date from which the applicant proposes that the licence should have effect; and
- where the applicant requests the licence to be granted for a period of less than three years, the date on which the applicant requests the licence to expire
- The application must specify in relation to 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; and
- the number of any microchip implanted in the primate
- The application must specify such other information, and be in such form, as the local authority may reasonably require.
Disqualification
For the purposes of this regulation, an individual is disqualified from keeping primates if the individual is 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; or
- section 33(1) of the Welfare of Animals Act (Northern Ireland) 2011
Cost
The licence will be issued subject to compliance with the licence conditions and payment of the fee.
There is an application fee payable upon application and subject to renewal. However, the expertise of an animal specialist may incur further costs at your expense before a licence is issued.
Determination of applications
- Before determining whether to grant an application for a primate licence, we must arrange for a suitable person to inspect the premises specified in the application to determine whether the licence conditions are likely to be met if the application were to be granted.
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Following an inspection under paragraph 1, we must:
i) if it is satisfied that the licence conditions are likely to be met if the application is granted, grant the applicant a primate licence with effect from such date as it may determine
ii) in any other case, refuse the application
- For the purposes of paragraph (2)(i), we may take into account:
- any previous failure by the applicant to meet the licence conditions; and
- any other conduct of the applicant that is relevant
We will arrange for an authorised veterinary surgeon / practitioner to undertake an inspection of the premises and produce a report, which we are legally obliged to consider when determining the application. The fee for this service is additional to the standard licence fee.
Length of time to process an application
If we have not contacted you to make arrangements to authorise a veterinary surgeon to inspect your premises within 14 days of your application, please contact us to check that your application was correctly made and received.
Applicants are advised the application process can be lengthy due to the necessity for a veterinary inspection. We will try to issue a licence within a period of 10 weeks from receipt of application. If however we have been unable to determine your application within this time, a licence will not be automatically granted due to animal welfare implications.
How long does a licence last
The period of the licence specified must be:
- three years; or
- where the applicant has requested a licence for a period of less than three years, such shorter period expiring on the date that the applicant has requested
Primate licences and conditions
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When granting a primate licence we must:
a) specify in the licence:
i) the premises where the primates are to be kept
ii) the species of the primates, and the number of each species, that the holder of the licence is authorised to keep at the premises
iii) the period of the licence; and
iv) the period within which an application for renewal of the licence must be made to us; and
b) attach the licence conditions to the licence - go to Schedule 1 of the Regulations
- The period of the licence specified under paragraph 1 a) iii) must be:
- three years; or
- where the applicant has requested a licence for a period of less than three years, such shorter period expiring on the date that the applicant has requested
As part of the licence conditions, you are required to ensure that you have adequate Public Liability Insurance which provides cover for the animal(s) which you have on site.
You must ensure that any policy you take out provides sufficient cover against any damage which may be caused by the animal should it escape. The level of insurance will depend on many factors which may include the species and number of animals you wish to keep.
Local councils may authorise competent persons to enter premises either licensed under the Act or specified in an application for a licence, at all reasonable times, and producing if required their authority, and the authorised officers may inspect these premises and any primate in them.
Variation and surrender
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The holder of a primate licence may apply to us to vary the licence so as to:
a) reduce or increase the number of primates of any species that the holder is authorised to keep under the licence
b) add or remove a species of primate that the holder is authorised to keep under the licence; or
c) change the premises specified in the licence to other premises in the area of the same local council
- On an application under paragraph 1, we may grant the application and vary the licence to any extent requested.
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Before determining whether to vary a licence under paragraph 2, we:
a) may request further information from the holder of the licence
b) in the case of an application under paragraph 1 a) or b), may arrange for the premises specified in the licence to be inspected by a suitable person
Death of the holder of a primate licence
- This regulation applies where the holder of a primate licence ('former licence holder') dies during the licence period.
- The licence is deemed to be granted to the personal representatives of the former licence holder.
- If the personal representatives do not notify us of the former licence holder’s death within the period of 28 days beginning with the date of death, the licence deemed to be granted under paragraph 2 expires at the end of that period.
- If the personal representatives do notify us of the former licence holder’s death within that 28-day period:
a) the licence deemed to be granted to them expires at the end of the period of three months beginning with the date of the death of the former licence holder
b) we may on application by the personal representatives extend the licence period for a further period of up to three months if satisfied that it is appropriate to do so in all the circumstances; and
c) if before the time when the licence would otherwise expire by virtue of sub-paragraph a) or b) any of the personal representatives applies for a new licence under regulation 6, the licence continues to have effect until the application is determined
Powers of entry
A breach of a licence condition is to be treated as a relevant offence for the purposes of section 23 of the Animal Welfare Act 2006 (entry and search under warrant in connection with offences).
Post-conviction powers
The following sections of the Animal Welfare Act 2006 apply in relation to a conviction for an offence under regulation 14 (and are to be read as if they included a reference to a person who had been convicted of an offence under that regulation):
- section 33 (deprivation)
- section 34 (disqualification)
- section 37 (destruction in the interests of the animal); and
- section 42 (orders with respect to licences)
Offences
- The holder of a primate licence who fails to comply with a licence condition commits an offence.
- In proceedings for an offence under this regulation, it is a defence for a person to prove that they took all reasonable precautions and exercised all due diligence to comply with the licence condition.
- A person who commits an offence under this paragraph is liable on summary conviction to a fine.
Rectification notices
- If the council having granted a primate licence considers that the holder of the licence is failing to meet any of the licence conditions, the we may serve a notice under this regulation (a 'rectification notice') on the holder of the licence.
- A rectification notice must:
- state that we consider that the holder of the licence is failing to meet a licence condition, and why
- specify the steps that we consider that the holder of the licence needs to take to comply with the licence condition
- specify a period not exceeding two years in which those steps are to be taken ('the rectification period'); and
- explain the effect of paragraph 3
- Where a holder of a primate licence is given a rectification notice:
- no proceedings for an offence under regulation 14 may be instituted before the end of the rectification period in respect of the non-compliance which gave rise to the notice or any continuation of it; and
- if the steps specified in the notice are taken before the end of the rectification period, no such proceedings may be instituted in respect of the non-compliance which gave rise to the notice or any continuation of it prior to the taking of those steps
- We may extend the rectification period, and may do so more than once, so long as the rectification period as extended does not exceed two years.
Revocation or variation of a primate licence
- A local council that has granted a primate licence must revoke it if the holder of the licence is convicted of an offence under the Act.
- The council having granted a primate licence may also revoke or vary the licence if we are satisfied that the holder of the licence has failed to:
- comply with a licence condition
- allow access for an inspection under Part 2
- pay a fee charged under Part 2; or
- take the steps specified in the rectification notice
- The reference in paragraph 2 to varying a primate licence is to varying it by:
- reducing the number of any primates of any species that is authorised to be kept under the licence; or
- removing any species of primate specified in the licence
Tacit consent
No - tacit consent will not apply. It is in the public interest that we must process your application before it can be granted. If you have not heard from us within a reasonable period, please contact us using the contact details below.
Decisions relating to primate licences: representation and appeals
Schedule 2 (decisions relating to primate licences: representations and appeals) has effect.
Dangerous Wild Animals Act 1976
For the licensing implications of the Act view our dangerous wild animals licence page.
Intelligence
If you want to pass on any concerns about the need for any animal and its related property where it is being kept to be licenced under the provisions of the regulations, please contact us.