Page 4 of 7 FirstFirst ... 23456 ... LastLast
Results 31 to 40 of 65
  1. #31
    Sport horse
    Join Date
    Nov 2009
    Posts
    458

    Default Re: Livery Yards, Horse Welfare and the Law

    Quote Originally Posted by sussexbythesea View Post

    This is the whole of Section 4 but I do not know if there are any subsequent amendments. The legislation only sets out what the intention is. It looks like its written to be a catch all to me so there is less cahnce for someon eto wriggle out of responsibility. I work a lot with waste legislation and although I do not know much about this particular legislation I don't think from this you could categorically say a YO was responsible for one of their clients horses DIY or full livery - it would depend on the facts of each case. These are the bare bones and usually case law has to be used to determine how they should be interpreted. Any Judge would look at all the facts including any government guidance on the issues to determine where any fault lay. It would not be in the interests of any prosecuting body to pursue a case against a yard owner or anyone else unless they have a very good case.

    With a DIY yard in particular I think it would very much depend on the contract and the level of control the YO takes. If you saw a horse starving to death every day you visited the yard then you could have done something about it and by checking the yard you are taking some sort of responsibility. But if you rent out your fields and never visit them then I think it would be difficult to prove you had any responsibility for the animal or are "in charge of it"

    Have any YO been prosecuted - if so what was the outcome?
    I think you have sumed up what I have heard from my animal welfare solicitor friend but in proper legal terms.

    He has succesfully defended YO's in welfare cases but the RSPCA will still try and prosecute you for it as the act is so ropey.

    Am I also right in thinking that case law comes about from trials in county courts or higher? I am sure my friend said to me that alot of the problems with this act is that because the cases are heard in magistrates courts there is no real precedent to follow.

    I think the long and short is that as a YO you could be liable but would have to go to a court room to arguee it out. I would also think that as someone who runs a yard you are classed as more of "a proffesional" then the average peprson.

  2. #32
    Sport horse brigantia's Avatar
    Join Date
    Oct 2010
    Location
    Lancashire
    Posts
    220

    Default Re: Livery Yards, Horse Welfare and the Law

    I'm not an expert on the legal issues, but every yard owner I've encountered would intervene if they thought the livery wasn't doing right by the horse. They would intervene LONG before that horse became a welfare issue. Most horses don't go to wrack and ruin overnight.

    I've known YOs having serious Come to Jesus talks with liveries who they felt weren't living up to their horse care duties. I've also seen YOs buy the horses off said liveries and sell them on to more responsible people. Even on a DIY yard the health and welfare of the horses on the yard reflects the YOs management and no self-respecting YO wants a neglected horse on their yard.
    "A canter is a cure for every evil."
    Benjamin Disraeli (1804-81)

  3. #33
    Sport horse
    Join Date
    Aug 2007
    Location
    wilts
    Posts
    222

    Default Re: Livery Yards, Horse Welfare and the Law

    someone told me today that this act is now being put through and licensing is imminent , can anyone confirm this ??

  4. #34
    Veteran Cuffey's Avatar
    Join Date
    Feb 2003
    Location
    SW Scotland
    Posts
    3,139

    Default Re: Livery Yards, Horse Welfare and the Law

    Quote Originally Posted by fuggly View Post
    someone told me today that this act is now being put through and licensing is imminent , can anyone confirm this ??
    The legislation is ready prepared and has been for some time and if it goes forward (Gov decision) it is likely to be in Scotland first
    From Horses for Life:
    The intention to harm need not be present for a horse to in fact, be harmed.
    Knottenbelt
    Do unto the horse as you would have done to yourself.

  5. #35
    Veteran
    Join Date
    Aug 2010
    Location
    UK
    Posts
    3,299

    Default Re: Livery Yards, Horse Welfare and the Law

    Its about time all livery yards were licensed, should stop a lot of the black economy for one thing,and hopefully the legislation will mean suitable accommodation for the horses, I've seen large horses in 8ft x8ft boxes at one place.

  6. #36
    Schoolmaster
    Join Date
    Nov 2009
    Location
    East Yorkshire
    Posts
    873

    Default Re: Livery Yards, Horse Welfare and the Law

    What's the position on a YO neglecting the horses they have on full livery (i.e. ignoring owners instructions for care and not providing promised services)? I have searched and found this thread as the closest one to what I want, but not actually what I want.

    Can anyone advise?

  7. #37
    Veteran
    Join Date
    Jan 2006
    Location
    Near Leeds
    Posts
    3,099

    Default Re: Livery Yards, Horse Welfare and the Law

    I know its nothing to do with horses but a farmer where I used to live ended up in jail for a few months.

    I dont think it was prosecuted under any animal welfare act, it was because he was the landlord and had allowed something illegal to happen on his property.

    He rented a barn to some members of the Asian community and they used it as an illegal slaughterhouse.

    It was reported in the papers, I will see if I can find it.
    Proud member of the cob mafia cult

  8. #38
    Schoolmaster
    Join Date
    Nov 2009
    Location
    East Yorkshire
    Posts
    873

    Default Re: Livery Yards, Horse Welfare and the Law

    Thanks. I wish there was some regulation to prevent numpties from setting up as YO's and taking full liveries when they are not fit to care for their own animals, let alone someone else's :-(

    If there is such a thing, please let me know!

  9. #39
    Schoolmaster
    Join Date
    Jun 2004
    Posts
    674

    Default Re: Livery Yards, Horse Welfare and the Law

    I totally agree with Freshman Livery Yards need to be regulated.

    I have to compete with a yard down the road, not paying business rates, tax etc that can undercut me by 15 per week because of this. You then go to someone with 3 stables doing schooling livery not declaring a penny, doesnt pay staff properly, no insurance, fire regs etc in place then people remove horses due to "issues". If you look at boarding kennels the cost is pretty much the same the whole country, they are all on a level playing field, proper channels to complain, contracts in place, standard of care etc etc, this is what is needed and liveries need to pay a fair price for these facilities and policies to be in place.

    As for the question about YOs being responsible, its tough, if you feed and water a horse the charities will not get involved, alerting a charity they can take a long time to respond as there are a lot of equines needing urgent help, if you feed it out of your own pocket on a 15 a week DIY livery how long can a lot of YOs cover the cost not many everyone is feeling the pinch, hence regualtion, policies, contracts and line of responsiblity needs to be in place.

    I dont have DIYs so dont have this problem and one reason why I wont.
    What the horse does under compulsion...is done without understanding...and there is no beauty in it. - Xenophon

    Even the greenest horse has something to teach the wisest rider.

  10. #40
    Veteran Cuffey's Avatar
    Join Date
    Feb 2003
    Location
    SW Scotland
    Posts
    3,139

    Default Re: Livery Yards, Horse Welfare and the Law

    Quote from Code of Practice for Welfare of Horses Ponies and Donkeys
    http://www.defra.gov.uk/publications...rse-091204.pdf

    ''If an owner leaves an
    animal in the care of another person, it is the
    owner’s duty to ensure the keeper is competent
    and has the necessary authority to act in
    an emergency.''
    Last edited by Cuffey; 21-01-12 at 10:15 PM. Reason: Add link
    From Horses for Life:
    The intention to harm need not be present for a horse to in fact, be harmed.
    Knottenbelt
    Do unto the horse as you would have done to yourself.

Bookmarks

Posting Permissions

  • You may not post new threads
  • You may not post replies
  • You may not post attachments
  • You may not edit your posts
  •  

Find Horses For Sale