Newport City Council Brings Landmark Prosecution Against Reptile Dealer
BRIGHTON, England, April 30, 2014 /PRNewswire/ --
A reptile "hobbyist" and dealer has been convicted of unlawfully selling geckos at two pet markets in South Wales last year. Whilst a similar prosecution in 2013 resulted in another trader admitting guilt and being formally cautioned, this is the first prosecution of its kind under the Pet Animals Act 1951 that has proceeded to a Court hearing. Anthony Samuel Astle of Torbay Geckos based in Brixham, Devon was also convicted under Consumer Protection from Unfair Regulations 2008 for giving the impression that his geckos could be legally sold when in fact they could not.
The Animal Protection Agency (APA) presented Newport City Council with evidence of numerous so-called "hobbyists" selling wild animals at an event that took place at the Pill Mill Centre, Newport, South Wales on 14th April 2013. Staff in the Trading Standards Department took prompt and decisive steps that led to a further investigation and a test purchase of an animal from Torbay Geckos at a pet market at Chepstow Racecourse in Monmouthshire on 8th September 2013. APA's evidence also showed that Mr "Tony" Astle had attended several other reptile and amphibian markets around the country including at Kidderminster, Doncaster and Portsmouth, and routinely sold animals through his Facebook page and via classified advertisements.
At the final hearing yesterday, 29th April 2014, at Cwmbran Magistrates in Newport, the District Judge found that Astle was guilty of unlawfully carrying on a business as a trader (under the name of Torbay Geckos) in pet animals at a market, despite him claiming to be a hobbyist selling and swapping a few surplus pets. According to APA and Newport Council witnesses, Mr Astle presented 20-30 animals for sale at the Chepstow Racecourse event. Astle was sentenced to £3,420 in fines and costs.
The District Judge found that the event constituted a market and stated that "the defendant intended to circumnavigate restrictions upon selling animals at a market". The Judge also affirmed: "The evidence seemed to me to be entirely clear: Notwithstanding his protestations to the contrary, the Defendant's principal purpose was to sell, for profit, as many geckos as he could on both 14th April 2013 at Newport and on 8th September 2013 at Chepstow."
APA's Director, Elaine Toland, said: "We are delighted with the outcome, which is thanks largely to the diligent approach taken by Newport City Council's Trading Standards Team. Pet markets cause immense suffering to animals and we now look to other Councils to follow the lead taken by Newport CC and seek to prosecute animal sellers at these events. We intend to significantly increase our undercover attendance, investigations and evidencegathering at reptile and bird markets across the country (whether they are misleadingly described as 'expos', 'exhibitions', 'shows', 'breeders' meetings', or anything else)."
Mr Astle’s defence barrister argued that APA’s evidence was not admissible because it was obtained undercover. However, the Judge swiftly threw out that argument, concluding: "Liaison as between NCC and APA seemed to me to be entirely within proper bounds and there is no evidence of bad faith in respect of either", meaning that both Newport Council and APA had followed all proper procedures.
The Judge also said, "I was satisfied that the evidence led by the prosecution was both honest and reliable," but described the defendant's protestations that he was not operating as a business as "at best, disingenuous".
APA has accumulated a substantial database of self-proclaimed "hobbyist-breeders" who say they only sell "surplus personal pets" or "surplus breeding offspring" and similar, which it will be circulating to councils identifying many animal dealers with operational histories similar to Astle's, and in some cases their alternate IDs.
Elaine Toland concluded: "Astle's defence was basically that he was a very small seller of personal surplus animals bred by him as a hobby, but the Judge properly found him guilty of trading animals as pets at markets and of deceiving the public into believing that such sales were lawful. People need to understand that if they sell reptiles or any other animals in this way then they too face prosecution and a criminal record. We will be informing councils about the likely claims traders may employ in reaction to this case, so that the regulatory authorities are well prepared for all future deceptions."
- For further information, please contact Elaine Toland on +44(0)1273-674253 or out of hours on +44(0)7986-535024.
- We have an ISDN line for broadcast-quality interviews.
Note to Editors:
- The Written Judgment for Newport City Council V Anthony Astle is available on request.
- Reptile and amphibian markets planned for 2014:
25/5/14 - Chepstow Racecourse
22/6/14 - Doncaster Racecourse
17/8/14 - Kempton Park Racecourse
28/9/14 - Doncaster Racecourse
2/11/14 - Doncaster Racecourse
Issued: 30 April 2014
Animal Protection Agency
Brighton Media Centre
15-17 Middle Street
Brighton
BN1 1AL
Tel: +44(0)1273-674253
Fax: +44(0)1273-674927
Mobile: +44(0)7986-535024
http://www.apa.org.uk
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