Amy Hatcher v Crawley Borough Council

Amy Hatcher v Crawley Borough Council

The tribunal found that while multiple breaches of licence conditions were proven, the respondent failed to provide the appellant with Ms Edwards' inspection report and an opportunity to respond before revocation. This procedural unfairness warranted overturning the revocation. The appellant's licence is reinstated...

Source-derived case information.

Parties
Appellant: Amy Hatcher; Respondent: Crawley Borough Council
Jurisdiction
England and Wales
Judgment Date
06 May 2022
Procedural Posture
Appeal / Judgment
Outcome
Appeal allowed
Legal Topics
Revocation of Animal Welfare Licence, Procedural Fairness, Fit and Proper Person Test, Animal Welfare Standards, Local Authority Licensing Powers
Administrative Law Animal Welfare Law Licensing Law Revocation of Animal Welfare Licence Procedural Fairness Fit and Proper Person Test Animal Welfare Standards Local Authority Licensing Powers

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Parties

Amy Hatcher

Appellant

Crawley Borough Council

Respondent

Procedural Posture

Appeal / Judgment

Legal Issues

  1. 1 Whether the appellant breached licence conditions justifying revocation under Regulation 15(a) and (d) of the Animal Welfare (Licensing of Activities Involving Animals)(England) Regulations 2018
  2. 2 Whether the appellant was given procedural fairness before revocation
  3. 3 Whether the appellant is a fit and proper person to hold a licence

Ratio Decidendi

The tribunal found that while multiple breaches of licence conditions were proven, the respondent failed to provide the appellant with Ms Edwards' inspection report and an opportunity to respond before revocation. This procedural unfairness warranted overturning the revocation. The appellant's licence is reinstated with modifications as recommended in the July 2021 inspection report, including a reduction in the number of dogs permitted, a one-star rating, and additional inspections.

Court Disposition

Appeal allowed

Orders

  • The appellant's licence is reinstated with modifications as recommended by Ms Edwards in the July 2021 report, including a reduction in the number of dogs permitted, a one-star rating, and additional inspections.