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JGM, Solicitor
Category: Scots Law
Satisfied Customers: 12086
Experience:  30 years as a practising solicitor.
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If I provide a service ...e.g. dog walking, and charge for

Customer Question

If I provide a service ...e.g. dog walking, and charge for that service when walking, if I then take the dog to my garden to play, without charge, do I need a dog day care licence?
Submitted: 1 year ago.
Category: Scots Law
Customer: replied 1 year ago.
I know that licences are a local council issue so it's more the underlying premise that governs my question. If my clients are not paying for a specific part of my service, can that part be governed by a local council regulation? Their 'reading' is that if an activity is undertaken for commercial gain then it requires to be licensed. The other part of my service, the walking, does not require a licence.
Expert:  JGM replied 1 year ago.
Which council area are you in. Whilst kennels need a licence as they are providing accommodation, your narrative says that you are taking the dog home to play, not providing accommodation. If your council are interpreting this otherwise then they are being very strict and I think they are over interpreting and therefore wrongly interpreting the rules. Happy to discuss further.
Customer: replied 1 year ago.
I know all about the kennel and boarding licences...I'm talking specifically about a day care licence.
Customer: replied 1 year ago.
Or rather I'm specifically talking about the interpretation of what it is that's covered under the charge I make for walking services.....if I don't charge for the play aspect.
Expert:  JGM replied 1 year ago.
A day care situation is generally is the same as an accommodation licence as you are accommodating dogs whilst their owners are away. Your walking services aren't relevant. What I'm trying to establish from you is what they are saying you need a licence for. What kind of licence do they say you need and under what regulations or statute?
Customer: replied 1 year ago.
If I have dogs playing in my garden and I do not charge their owners for this even although I do charge them for walks on other days, do I need a day care licence?
Expert:  JGM replied 1 year ago.
In my opinion, no.