Advertising through a variety of sites, forums or media could indicate a commercial activity.This could be high numbers of advertisements at any one time or over a short period of time, and/or regularly. High numbers of advertisements of puppies for sale, including on classified websites, could indicate commercial behaviour, even where there is no actual sale taking place via the internet.A wide variety of breeds being advertised could indicate the commercial nature of the activity. High range and variability in the breeds traded.Low volumes of animals sold or advertised could indicate a business where high sales prices or large profit margins are involved.High volumes of animals sold or advertised for sale could indicate a business.
The number, frequency and/or volume of sales - systematic and repeated transactions using the same means of advertising are likely to indicate a commercial activity.Factors that should be considered when determining whether someone is 'advertising a business' include:.This is not restricted to registered businesses – individuals can also be classed as a business depending on the extent of their activities. This is irrespective of the number of litters produced per year. Anyone breeding puppies and advertising a business of selling them, as defined under the business test.Anyone breeding three or more litters of puppies per year (unless they can show evidence that none of the puppies have been sold).The Animal Welfare (Licensing of Activities Involving Animals) (England) Regulations 2018 came into force on 1 October 2018 and requires any person who breeds three litters in any 12 month period to have a licence. The regulations also state that activities that fulfil one or more of the following criteria are subject to licensing:
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