General Licence 016

Licence No: GEN / WCA / 016 / 2024
Valid From: 1st January 2024
Expiry: 31st December 2024

Licence to take certain wild birds from food premises for the purpose of preserving public health and public safety.

This licence, granted under Section 16(1) (i) of the Wildlife and Countryside Act 1981 (as amended) (The Act), by the Natural Resource Body for Wales otherwise known as Natural Resources Wales (NRW), being satisfied that as regards the purpose set out at paragraph 1 that there is no other satisfactory solution, permits authorised persons to carry out a range of activities against the birds of the species listed and hereby grants the following licence which applies only in Wales:

1. The purpose for which this licence is granted is preserving public health or public safety in food premises.

2. Subject to the conditions below, and for the purpose set out in paragraph 1, this licence permits:

(a) Authorised persons (see definition) to take and release alive and unharmed any of the wild birds listed below:

by use of:

i. a cage trap, the dimensions of which do not satisfy the requirements of Section 8(1) of the Act;
ii. any sound recording or mirror used in conjunction with i) above

The works noted above are licensed for the period as stated above and are granted subject to compliance with the conditions as specified. Anything done otherwise than in accordance with the terms of the licence may constitute an offence.

Iwan G. Hughes, Team Leader Species Permitting
Signed for and on behalf of Natural Resources Wales.

Conditions

1. Persons authorised by this licence must ensure they have read and understood the terms and conditions of this licence prior to carrying out licenced activities. (See note 5).

2. Except as specifically permitted under paragraph (2) above, this licence does not authorise the use of any method of taking which is prohibited by Section 5 or Section 8 of the Act.

3. All reasonable steps must be taken to prevent injury to birds taken under this licence and all relevant animal welfare legislation must be complied with at all times, including the Animal Welfare Act 2006.

4. At all times when set, each trap must contain suitable food and water sufficient to provide for any captive birds unless birds are removed immediately after their capture.

5. When in use, every cage trap used pursuant to this licence must be physically inspected by an authorised person at least twice every day. Such an inspection must be sufficient to determine whether there are birds or other animals in the trap.

6. At each inspection, any bird or other animal caught in the trap must be immediately removed from it.

7. Any captured bird(s) must be carefully placed in a bird bag or a secure cage. If you use a cage to hold birds prior to release this must be placed in a dark room or covered so that the birds are kept in darkness until they are released. The room should also be fairly quiet i.e. free from machinery noise.

8. As soon as possible following capture, the bag or secure cage and captive bird(s) must be transported at least 4 miles (6.5 km) away from the store and the bird(s) released at a suitable site.

9. Bird(s) must only be released outside during daylight hours, avoiding late afternoons during winter and severe weather conditions at all times.

10. If more than one bird has been caught, all birds must be released together at the same site.

11. Where a cage trap is not in use, it must be rendered incapable of holding or catching birds or other animals. Any bait, food or water must also be removed.

12. The activities hereby licensed are restricted to the authorised person and their assistants as specified on this licence.

13. Any assistants employed under this licence shall remain under the personal supervision of the authorised person at all times.

14. The authorised person must assume full responsibility for the conduct of any assistants employed under this licence.

Notes

1. This licence may be modified or revoked at any time.

2. No person convicted of an offence to which this note applies may rely on this licence unless, in respect of that offence, one of the following applies:

(1) they were dismissed with an admonition;

(2) they are a rehabilitated person for the purposes of the Rehabilitation of Offenders Act 1974 and their conviction is treated as spent;

(3) a Court has made an order discharging them absolutely. This note applies to offences under the Wildlife and Countryside Act 1981, the Deer Act 1991, the Licence Number: GEN / WCA / 016 / 2023 Page 3 of 4 Wild Mammals (Protection) Act 1996, the Hunting Act 2004, the Conservation of Habitats and Species Regulations 2017, the Protection of Badgers Act 1992 and the Animal Welfare Act 2006 (all as amended).

3. Failure to act within the purpose of this licence as set out in paragraph 1 or failure to comply with the terms and conditions of the licence may mean that the licence cannot be relied upon and an offence may be committed.

4. Possession of this licence confers no rights of entry onto land. Permission to enter land or premises must be obtained from the owner or occupier, including when any bird is released. NRW will not accept responsibility for failure or omission by authorised persons to fulfil this obligation and will consider immediate revocation of licences if complaints from owners or occupiers on these grounds are received.

5. Authorised persons intending to carry out activities under this licence are advised to print, sign and date a copy and retain it for inspection.

Definitions

1. An “authorised person” means:

a) the owner or occupier, or any person authorised by the owner or occupier, of the land on which the action authorised is taken;

b) any person authorised in writing by the local authority for the area within which the action authorised is taken;

c) as respects anything done in relation to wild birds, any person authorised in writing by:

i) the Welsh Ministers, in relation to things done for purposes relating to fishing or fisheries in the Welsh inshore region (within the meaning of the Marine and Coastal Access Act 2009);

ii) any of the following bodies, that is to say, any of the GB conservation bodies, a district board for a fishery district within the meaning of the Salmon Fisheries (Scotland) Act 1862 or an inshore fisheries and conservation authority.

d) any person authorised in writing by Natural Resources Wales. The authorisation of any person for the purposes of this definition shall not confer any right of entry upon any land.

2. “Food premises” means an enclosed premise used for the retailing, production, processing, packaging or storage of food intended for sale for human consumption.

3. “Assistants” Assistants may carry out the licensed activities but they must remain under the personal supervision of the authorised person at all times. Assistants may be employed by the authorised person wishing to have an extra pair of hands for carrying out a particular task, or for training purposes. An assistant may not be as experienced in the type of licensed work as the authorised person, hence the condition regarding supervision.