You can ask our solicitors for advice on loaning a horse using the question box on the front of our website or the following article may answer your questions.

The Riding Establishments Act 1964 states that if you wish to keep a riding establishment you must obtain the necessary licence from the local authority.
A riding establishment is a business that specialises in keeping horses either to offer paid riding lessons, to hire the horses out for horse riding activities or loaning a horse for TV, film photoshoots etc.

These regulations are applicable to a number of different types of horse including ponies, foals, fillies, mules, stallions, geldings, mares and jennets.

An exemption will apply in the following situations:

• Where the horses are kept solely for use by the Zoological Society of London,
• If the horses are used by the police
• When horses are kept by an educational institution such as a university for the purpose of teaching students who are completing a period of study in veterinary medicine. The study programme must be approved and result in a veterinary science degree.
• An exemption will also apply when horses are kept on land which is being managed by or under the occupation of the Secretary of State for Defence.

There are certain rules that surround who can be awarded a licence. As a general rule:

1. If you have been disqualified from owning or keeping a riding establishment, animal boarding business, loaning a horse or pet shop you cannot apply for a licence
2. Where you have been disqualified from keeping, dealing in, having custody of or transporting animals, a licence cannot be issued
3. Anyone under the age of 18 years cannot be issued with a licence
4. When you make an application, it is a criminal offence to recklessly or knowingly provide false information or make any false statements. If found guilty of an offence you may receive a fine and/or prison sentence depending on its severity. If a licence was granted it may be revoked and you may be disqualified from keeping any type of riding establishment for a specified time which is at the discretion of the Court.

Local Authority Decisions

There are a number of factors that the local authority will take into consideration before they decide to grant a licence. A vet must visit the premises and undertake a detailed assessment to determine its suitability. This assessment must be completed no more than 12 months before or after the application is made.

The property will be carefully evaluated looking at a range of factors including facilities, suitability of the manager or applicant and condition of the proposed accommodation and pasture.

During their assessment the local authority will need to make sure that you have adequate provisions and the health, exercise and general welfare of the horse are priority. They will also want to see that you have implemented reasonable steps to eliminate the spread of disease and protect the premises from fire.

Horses must also be kept for a suitable purpose including loaning a horse

A Provisional Licence

If after the assessment, the local authority concludes that a permanent licence should not be issued, they may grant you a provisional licence instead for a period of three months. You cannot keep a riding establishment and hold a provisional licence for longer than six months in any one year.

Licence Conditions on Loaning a Horse

If, following the inspection everything is satisfactory, a licence will be granted subject to certain conditions.

Even if the licence does not state it, every licence is issued with a set of conditions including;

• If after inspection there are any horses that require attention by a vet will not be used until they have been certified as being fit
• Provisions are made to ensure that any rider who requires supervision will be accompanied by a suitable person
• The business will never be left under the supervision of someone under the age of sixteen years
• Correct insurances will be obtained
• A register of horses which are 3 years or younger will be maintained

Depending on the local authority they may wish to impose other conditions at their discretion.
Some local authorities for example will require you to hold an Instructors Certificate, Assistant Instructors Certificate or a fellowship which has been granted by the <ahref=”https :www.bhs.org.uk”=””>British Horse Society.</ahref=”https>

Where there is a breach of licensing conditions, a criminal offence will be committed and you may receive a fine and in the worst cases a term in prison. The license may also be cancelled and the licence holder disqualified from holding a licence for a specified period of time to be decided by the Court. If the Court disqualifies the licence holder or cancels a licence it may suspend the operation of the order if an appeal is heard.

Once the licence has been issued it typically lasts for a year. Once the year has elapsed you will need to renew your application. If the licence holder dies during this time, the licence is transferable to their personal representatives for up to 12 months.

Local Authority and Vet Inspections

Once you have set up a riding establishment, the local authority has the power to undertake an inspection at any time. This inspection may be carried out by an authorised person from another local authority or by a qualified vet to undertake the inspection on their behalf. These inspections can be carried out at any riding establishment, whether it is licensed or not.

During the inspection, the assigned inspector has the power to enter the premises and undertake a detailed assessment of the horses, related accommodation and set up of the premises. A report will be prepared to determine whether any offences have been committed under the Riding Establishment Act 1964.

An offence will be committed if you make any attempt to conceal or cause to conceal a horse with the intention of avoiding inspection. This offence is punishable through a fine or term in prison. It is also an offence to wilfully obstruct, delay or attempt to obstruct or delay the work of the inspector.

Where you are found guilty of this offence, you will be issued with a fine. Courts also have the power to cancel your licence and disqualify you from keeping a riding establishment for any period of time that they deem necessary.

Loaning a Horse – Animal Welfare

The local authority and vet will have the welfare of the horses at the centre of their inspection strategy. If you wish to hold a licence to keep a riding establishment, there are several criminal offences that you should be aware of, particularly in relation to animal safety and welfare.

Where one of the offences is committed, the Court can issue a fine or in the worst cases a prison sentence, revoke your licence and disqualify you completely from keeping a riding establishment indefinitely or for a period of time that they see fit.

The following are considered to be offences in relation to horse welfare:

• Loaning a horse or using the horse to provide riding lessons in return for payment if the horse is in poor health or suffering from any illness or ailment which would cause suffering, if the horse is a mare with foal, has foaled within the last 3 months or the horse is less than three years old
• You cannot fail to provide adequate care for a sick or injured horse which is kept for hiring out or providing riding lessons in return for payment
• You cannot supply defective equipment which will result in suffering to the horse
• The Animal Welfare Act 2006 states a number of other offences which relate to animals in general and you must observe these conditions and guidelines.
• It is also an offence to supply defective equipment to an individual who uses the horse for riding lessons or hires the horse out if the defect could cause an accident or injury to the horse rider.

In addition you cannot allow (knowingly) an individual who has been disqualified from keeping a riding establishment to control or manage your business even if it is only for a short period of time.-