Form

Licence to take birds trapped in food premises to preserve public health or safety (CL03)

Updated 1 January 2024

Applies to England

Class licence CL03: to take certain species of wild birds trapped in food premises to preserve public health or public safety.

Overview

This licence permits owners and managers of food premises (and any persons they authorise to act on their behalf) to catch species of wild birds listed on this licence, which have become trapped in the building. Any birds captured under this licence must be released unharmed outside the premises.

This licence may only be used for the purpose of preserving public health or public safety and only at food premises either that are owned or occupied by organisations registered with Natural England or that have been individually registered with Natural England.

An individual food premises can be registered to use this licence or the representative of a group of premises under the same ownership can register. Anyone acting under the licence must be competent to undertake the actions planned to remove the bird.

Registration: is required before relying on this licence. This licence may only be used at premises registered with Natural England and at premises owned or occupied by organisations registered with Natural England.

Recording and reporting: there are data recording and annual reporting requirements.

Reference: WML – CL03

Legislation

Statute(s): Wildlife and Countryside Act 1981 (as amended) (‘the 1981 Act’).

Section(s): This licence is issued under sections 16(1)(i) and 16(5).

Licence terms and conditions

Valid for the period: 1 January 2024 to 31 December 2024 (inclusive).

Area valid in: all counties of England (landward of the mean low water mark).

Purpose(s) for which this licence is issued: this licence can only be used to preserve public health or public safety.

What this licence permits

Subject to all the terms and conditions of this licence and solely for the purpose(s) stated above, this licence permits Registered Persons and employees of Registered Organisations and other persons authorised to act on their behalf:

i. to take (and then release alive and unharmed) any of the wild birds listed below:

• blackbird (Turdus merula)
• blue tit (Cyanistes caeruleus - formerly Parus caeruleus)
• dunnock (Prunella modularis)
• great tit (Parus major)
• house sparrow (Passer domesticus)
• pied wagtail (Motacilla alba)
• robin (Erithacus rubecula)
• song thrush (Turdus philomelos)
• starling (Sturnus vulgaris)

ii. and to use any otherwise lawful methods and, as necessary, the following methods prohibited by Section 5 of the 1981 Act:

a. a cage or net trap, the dimensions of which do not satisfy the requirements of section 8(1) of the 1981 Act; (see Information and Advice note a), or

b. a static mist-net for taking birds in flight or any hand-held net, and

c. any sound recording or mirror in conjunction only with a. and b. above

Who can use this licence

This licence can only be used by Registered Persons* Appointed Persons* and those they have authorised to use this licence: Authorised Persons* Accredited Agents* and Assistants* except those convicted on or after 1 January 2010 of a wildlife crime* unless, in respect of that offence, either:

• they are a rehabilitated person for the purposes of the Rehabilitation of Offenders Act 1974 and their conviction is treated as spent, or
• a court has made an order discharging them absolutely

Any application by a person to whom this exclusion applies for an individual licence will be considered on its merits.

*: see Definitions

When this licence can be used

a) This licence can only be relied on in circumstances where:

i. licensed action is necessary to preserve public health and/or public safety

ii. before using the licence reasonable endeavours have been made to resolve the problem using any lawful methods that may be appropriate in the circumstances (see Information and Advice note c below) and

iii. reasonable endeavours continue to be made to resolve the problem using such appropriate lawful methods alongside use of the licence b) Any person using this licence must be able to show, if asked by an officer of Natural England or the Police, what lawful methods have been, and are being, taken to address the risk or why the lawful methods have not been taken. Licence users are advised to keep a record or log of problems experienced and of efforts to address the risks by legal methods.

Definitions used in this licence

“Registered Persons” means owners and managers of “food premises” registered to use this licence.

“Registered Organisation” is a company registered to use this licence that owns and occupies food premises.

An “Accredited Agent” is a suitably trained and experienced person who is able to carry out work in accordance with this licence. See Condition 5.

An “Assistant” is a person assisting the Registered Person or Accredited Agent in undertaking activities under this licence. They must work under the direct supervision of the Registered Person or Accredited Agent.

The “Appointed Person” is an employee of the Registered Organisation who is nominated to act as a single point of contact for Natural England with regard to this licence. The Appointed Person is expected to oversee use of the licence, including authorising employees and accredited agents to act under the licence, training, recording keeping and compliance.

An “Authorised Person” is defined as an employee of the Registered Organisation who has received appropriate training and is competent to undertake activities permitted by the licence and who is authorised to act under the licence by the Appointed Person and any persons they authorise as Accredited Agents or Assistants.

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

“Wild bird” has the same meaning as in section 27 of the 1981 Act.

“Wildlife crime” means any offence under the Conservation of Habitats and Species Regulations 2017 (the Habitats Regulations), the Wildlife and Countryside Act 1981, the Protection of Badgers Act 1992, the Deer Act 1991, the Hunting Act 2004, the Wild Mammals (Protection) Act 1996, the Animal Welfare Act 2006, the Protection of Animals Act 1911 (all as amended) or the Invasive Alien Species (Enforcement and Permitting) Order 2019.

Licence conditions

1. Except as specifically permitted under ‘What this licence permits’ above, this licence does not authorise the use of any method of taking which is prohibited by section 5 or section 8 of the 1981 Act.
   
   Eligibility to use this licence
   
   

2. This licence may only be used by Appointed, Registered and Authorised Persons, or their Accredited Agents or Assistants (see condition 4) at food premises registered with Natural England or food premises owned and occupied by an organisation registered with Natural England.

3. A person is only a Registered or Appointed Person when Natural England confirms the Person or their Organisation to be successfully registered to use this licence in accordance with Information and Advice Note h.

4. The Registered or Appointed Person may authorise Accredited Agents (see Definitions) to work on his/her behalf. A Registered or Appointed Person may authorise more than one Accredited Agent, or may authorise operatives of a named company to act on their behalf. Accredited Agents are only permitted to act under the licence if they are in possession of a letter signed by the Registered or Appointed Person appointing them by name as a duly Accredited Agent for the purpose of this licence. Accredited Agents shall produce it to any police or Natural England officer on demand. The Registered or Appointed Person and Accredited Agents may authorise Assistants provided they work under their direct personal supervision. At all times the Registered or Appointed Person is fully responsible for all the work carried out under the licence whether by themselves or other people.

5. It is the responsibility of the Registered Organisation to provide suitable training to enable its employees, Accredited Agents and Assistants to meet the conditions of this licence. They must also abide by the most up to date iterations of any guidance referred to in this licence.

6. The Registered Organisation or Registered Person is responsible for all activities carried out under this licence, including activities carried out by its Accredited Agents and their Assistants and in the case of organisations, its employees.

7. A person is only permitted to use methods authorised above if he or she is competent and experienced in their use for catching wild birds. Only persons in possession of a valid ‘A’ or ‘C’ permit issued by the British Trust for Ornithology (BTO), or a valid personal licence authorising them to use mist nets issued by Natural England are permitted to use a mist-net under this licence. Holders of ‘T’ permits under the BTO’s Ringing Scheme are not permitted to use a mist-net under this licence (see Information and Advice note e below).

8. The Registered or Appointed Person shall permit an officer of Natural England, accompanied by such individuals as he/she considers necessary for the purpose, on production of his/her identification on demand, to inspect premises registered to use this licence and to be present during any operations carried out under the authority of this licence for the purpose of ascertaining whether the conditions of this licence are being, or have been, complied with. The Registered or Appointed Person and authorised persons shall give all reasonable assistance to an officer of Natural England and any individuals accompanying him/her.
   
   Acting under this licence
   
   
9. Installations, such as proofing measures, must be properly installed and maintained (to manufacturers guidelines where appropriate) in order to be effective in excluding birds from the premises.
   
   
10. Persons acting under this licence must comply, as appropriate, with Wild birds: remove them from food premises using nets or traps guidance on GOV.UK.
    
    
11. 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 (see Advice and Information note b).
    
    
12. If any nest containing eggs or young is located within the premises then this licence cannot be relied upon to take any further action until advice has been obtained from Natural England Wildlife Licensing (see contact details below) on how best to proceed.
    
    
13. Bird(s) must only be released outside during daylight hours, avoiding late afternoons during winter and severe weather conditions at all times.
    
    
14. Any captured bird 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 (free from machinery noise).
    
    
15. Birds taken under this licence must be released into or directly adjacent to suitable habitat for the species.
    
    
16. Where any live animal, other than a bird included in the list above, or an animal of a species listed on Schedule 9 of the 1981 Act or a species of Union concern, has become confined in a cage trap or caught in a net, if fit to be released, it must be released immediately upon discovery. See Information and Advice notes m - n regarding any animals that are listed on Schedule 9 or invasive non-native (alien) species.
    
    Additional licence conditions for cage and net traps only
    
    
17. When in use, every cage trap used pursuant to this licence must be physically inspected by a suitably authorised person at least twice every day, at no more than 12 hourly intervals. Such an inspection must be sufficient to determine whether there are birds or other animals in the trap.
    
    
18. At each inspection, any bird or other animal caught in the trap must be immediately removed from it.
    
    
19. 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.
    
    
20. 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 (see Information and Advice note f below).
    
    
21. Where a mirror is used to enhance trapping, the trap must be either supervised constantly or checked hourly until the mirror is removed. The type and location of the mirror must be carefully selected so as to minimise the risk of harm or distress to the target bird after capture.
    
    
22. Where a mirror is used to enhance netting, the net must be constantly attended and the bird removed from the net immediately upon capture.
    
    Recording and reporting requirements
    
    
23. The Registered Person or Appointed Person must maintain a record, which must be kept for at least 24 months beyond the expiry date of this licence, of all birds taken and released, and a summary of licensed activities (see Annex A) must be sent to the Natural England for each calendar year, by 31 January of the succeeding year.**
    
    
24. Any person authorised to use this licence by the Registered or Appointed Person must supply information to enable submission of the summary of licensed activities.
    
    
25. Natural England must be notified within 5 working days if, on your site, you find:

• 1 or more dead birds of prey (such as an owl, hawk or buzzard)
• 3 or more dead birds that include at least 1 gull, swan, goose or duck
• 5 or more dead wild birds of any species

Only report birds that have died by unknown causes, not by licensed action.

Notify Natural England by emailing [email protected].

You should also report dead wild birds to the Department for Environment, Food and Rural Affairs. See avian influenza advice note for more information.

Important

This licence authorises acts that would otherwise be offences under the legislation referred to above. Failure to comply with its terms and conditions:

i. may be an offence against the 1981 Act or mean that the licence cannot be relied upon and an offence could therefore be committed. The maximum penalty available for an offence under the 1981 Act is, at the time of the issue of this licence, an unlimited fine and a six month custodial sentence

ii. may result in your permission to use this licence being withdrawn. Natural England will inform any person or organisation whose permission to use this licence is withdrawn in writing. This sanction may be applied to other similar licences, and

iii. may mean that you are not able to rely on this licence as a defence in respect to the prohibitions within the Animal Welfare Act 2006 or the Wild Mammals (Protection) Act 1996.

If the activity that you wish to undertake is not covered by this licence, or if you are unable to comply with any of the terms and conditions which apply to the use of this licence, then you will need to apply to Natural England for an individual licence.

Issued by and on behalf of Natural England on 1 January 2024.

Information and advice specific to this licence

a. You may not use this licence to prevent nuisance (such as activating movement sensor alarms) as this is not permitted under the 1981 Act. If the techniques permitted under this licence prove unsuccessful at catching the trapped birds then contact Natural England Wildlife Licensing for advice (contact details below). To shoot a trapped bird will require a separate licence issued by Natural England.

b. Persons acting under a licence should have regard to legislation and good practice relevant to the action(s) undertaken including animal welfare and the Animal Welfare Act 2006 (2006 Act). It is an offence to cause any unnecessary suffering to an animal (including birds) under the control of man (section 4 of the 2006 Act). This applies to the humane dispatch of captured animals and the treatment of animals held in traps or nets, including decoy birds and non-target animals. The application of Animal Welfare Act 2006 to wildlife management activities is explained in Natural England leaflet Wildlife Management Advice Note: The Animal Welfare Act 2006: what it means for wildlife (WML-GU02).

Preventing birds entering premises

c. This licence may only be used in respect of a food premises where reasonable endeavours have been made, and continue to be made to flush birds out of buildings and prevent further incursions by birds. Measures that are considered capable of preventing access by birds, or removing birds from food premises include:

i. Eliminate feeding opportunities: clear-up food spills, cover or move exposed produce and replace or protect damaged packaging.

ii. Raise awareness: make sure all staff (and where appropriate, other building users) are aware of the potential problems caused by birds and what to do to prevent incursions into buildings. Do not feed the birds inside buildings or close to entrances.

iii. Adequately proof buildings: do everything practicable to prevent birds entering buildings in the first place:

• install swing-doors, strip curtain doors, roller-doors or rapid action doors. Do not leave doors open unless protected for example, by strip curtains
• screen windows or keep them closed
• make sure birds cannot enter buildings via vents or other apertures, and
• carry out regular checks of the integrity of proofing measures and take prompt action to repair damage and wear and tear

iv. Before using this licence: open doors and windows during daytime, turn off lights and attempt to flush birds outside.

d. Birds should be released as soon as possible after capture. To prevent a recurrence of incursions (in addition to the measures outlined at c. above) it may be necessary to release captured birds at a suitable site at least four miles (6.5km) from the site of capture. However, during breeding season birds should be released in close proximity to the building they were captured in, in case they have a nest with eggs or dependant young nearby.

Use of traps and mist-nets

e. Please see https://www.gov.uk/get-a-wildlife-licence to apply for a personal licence to use mist-nets or contact Natural England Wildlife Licensing (contact details below).

f. It is necessary to either secure the door in a fully open or closed position or to remove the door completely in order to render any cage trap incapable of holding or catching birds or other animals.

g. If any caught birds have leg rings, we request that details are recorded and submitted online or sent to the BTO at The Ringing Unit, BTO, The Nunnery, Thetford, Norfolk IP24 2PU. Please include details of the bird species and where it was trapped and released. Do not remove rings from live birds.

How to register a food premise or organisation to use this licence

h. Before relying on this licence it is necessary to submit in writing (preferably by email) the following details to Natural England Wildlife Licensing (contact details below):

i. Your name or (in the case of organisations) the name of a Responsible Person who will be the “Appointed Person”, and

ii. Contact address, telephone number and email address (if available).

i. Once registered, the Registered or Appointed Person must inform Natural England of any permanent change of address.

j. Once registered, a person is entitled to use this licence so long as they satisfy the licence terms and conditions; annual re-registration is not required. The annual reporting process is used to verify a person’s desire to remain registered.

k. Anyone seeking to confirm whether a food premise or organisation is registered to use this licence should contact Natural England Wildlife Licensing (contact details below).

l. Failure to comply by the terms and conditions of this licence may result in a person’s registration being revoked, depending on the seriousness of the breach. Normally, Natural England will give 28 days’ notice of its intention to revoke a person’s registration, during which time that person may make representations to Natural England to retain their registration. However, this period may be reduced if the breach is serious or if there is an immediate risk that needs to be avoided. Please note that failure to submit reports by the proscribed deadline will automatically render a person’s registration null and void. Any person who is deregistered may apply to Natural England to be re-registered to use this licence.

Non-native species

m. Under section 14 of the 1981 Act it is an offence to release into the wild any animal included in Schedule 9 of the 1981 Act. Any animals of species listed on Schedule 9 accidentally caught by licensed trapping should be treated as follows:

Species listed in Part 1 must not be released or allowed to escape into the wild. It is preferable that these animals are killed in a quick and humane manner as soon as reasonably practicable after discovery. These animals may only be released under an individual licence obtained from Natural England. Species listed in Part 1A (which are native to Great Britain) must be released immediately upon discovery. This is permitted under General Licence WML-GL22. Species listed in Part 1B (which are former native species) may be released immediately upon discovery at the point of capture (this is permitted by General Licence WML- GL22), killed humanely or kept in captivity. These animals may only be released at another location under an individual licence obtained from Natural England.

n. If you catch a species listed as an invasive non-native (alien) animal you must not release it. You must quickly and humanely dispatch it, or give it to a premises licensed to keep it. For a list of licensed premises contact Natural England: [email protected].

The law

o. Natural England has issued this licence in exercise of the powers conferred by the 1981 Act. Visit http://www.legislation.gov.uk/ukpga/1981/69/contents to view the full text of this legislation.

p. Section 16 of the 1981 Act provides that the offences in Part 1 of the 1981 Act shall not apply to anything done under and in accordance with the terms of a licence granted by the appropriate authority, which is, in England, Natural England.

Avian influenza

q. Avian influenza (bird flu) is a notifiable animal disease. You should use the online service to report dead wild birds if you find:

• 1 or more dead birds of prey (such as an owl, hawk or buzzard)
• 3 or more dead birds that include at least 1 gull, swan, goose or duck
• 5 or more dead wild birds of any species

Information and advice for all class and general licences

General information

r. Natural England checks compliance with licences and the attached conditions. Where breaches are identified, these may be subject to enforcement action.

s. Ordinarily, licences will be reissued on 1 January each year (You do not need to re-register for those with registration requirements). Please note, however, that they can be modified or revoked at any time by Natural England or the Secretary of State, but this will not be done unless there are good reasons for doing so. You are advised to check the terms and conditions of a licence prior to your first use of it each year in case of amendments.

t. The common name of the species given in a licence is included by way of guidance only; in the event of any dispute or proceedings, it is the scientific name of a species only that will be taken into account.

The limits of licences

u. Licences permit action only for the purposes specified on that licence.

v. Licences do not permit actions prohibited under any other legislation, nor do they confer any right of entry upon land.

w. Unless otherwise stated the provisions of Natural England licences only apply landward of the mean low water mark in England. The Marine Management Organisation is responsible for all licensing seaward of the mean low water mark. Using and Sharing Your Information w. There is significant public interest in wildlife licensing and in those who benefit from receiving a wildlife licence. We may make information publicly available, for more information, please see our privacy notice.

Contact Natural England for licensing enquiries

Telephone: 020 802 61089

Email: [email protected]

Wildlife Licensing, Operations Delivery
Natural England
Horizon House
Deanery Road
Bristol
BS1 5AH

For other enquiries use the Enquiry Service.

Telephone: 0300 060 3900

Email: [email protected]

Annex A: report of licensed activities

The following minimum information must be provided in each annual report for all birds caught and released under this licence for each premises where the licence was used.

Premises name:

Premises address:

Post code:

Species of bird:

Number caught and released:

Number caught in trap or mist nets:

Date:

WML-CL03 [version January 2024]