Practice and Procedure

R (on the application of MALCOLM HAYNES) (Claimants) v STAFFORD BOROUGH COUNCIL (Defendant) & (1) PARROT SOCIETY (2) STAFFORD SHOWGROUND LTD (3) SHAUN SMITH (4) SECRETARY OF STATE FOR ENVIRONMENT, FOOD AND RURAL AFFAIRS (Interested parties) (2006)

PUBLISHED June 21, 2006
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The word "market" in the Pet Animals Act 1951 s.2, which made it an offence to carry on business of selling animals as pets in any part of a street or public place, or at a stall in a market, was not confined to franchise markets, street markets, open markets or public markets. On the true construction of s.1 and s.7 of the Act, where the organiser of an event provided facilities to enable a trader to carry on the business of selling animals as pets, the mere provision of those facilities of itself did not have the consequence that the organiser was the keeper of a pet shop or that the trader was not the keeper of a pet shop at the event.

[2006] EWHC 1366 (Admin)

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