An Arnold couple who pleaded guilty to illegally breeding dogs say they are likely to move away from the area as they accuse their council of having an "anti-pet breeding mentality". Following a recent court case, the couple have described their dog breeding as being part of their overall "hobby" of getting dogs in show.
They reject the description of their dog breeding being a "business", but Gedling Borough Council says the judge in the recent case described the couple as having made "significant financial gain". Michael Ogden, 51, and his wife Andrea, 32, of Burnstump Hill, appeared at Nottingham Magistrates' Court on March 28, where they pleaded guilty to breeding dogs without a licence.
The admission led to the pair having to pay fines and court costs of over £3,500. But Mr Ogden has criticised the way in which Gedling Borough Council handled his licence application and feels "misled" by the authority, claiming it is now ruling out giving the couple a breeding licence "under any circumstances."
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Mr Ogden explained he had wanted to get a dog in show at Crufts since being a young man, a passion also shared by his wife. The couple currently have seven dogs, including Bullmastiffs and Shiba Inus, in kennels at their property.
They are registered as 'assured breeders' by the nationally recognised Kennel Club, but new laws introduced in 2018 meant the couple felt a licence was required. Describing the impact of the 2018 changes, the British Veterinary Association says: "A breeding licence will be required for anyone breeding three or more litters and selling at least one puppy in a 12-month period.
"[It will also be required] for anyone that places an advertisement for a puppy if they meet the business test of an income of over £1000 within a year and fail to provide documented evidence that no profit has been made." But when Mr and Mrs Ogden applied to Gedling Borough Council for a licence, they were told they would first need planning permission for a change of use to business.
The couple spent £1,000 on a surveyor, but a closed panel eventually ruled that permission could not be granted given they lived on greenbelt land. A subsequent appeal against this was unsuccessful amid concerns about the size of the kennels, despite the Kennel Club having renewed Mr and Mrs Ogden's assured breeder status last January.
Mr Ogden said: "Gedling Borough Council clearly have an anti-pet breeding mentality. I've done my research on this and when you look at nearby authorities like Newark and Sherwood, Ashfield and Bolsover, there licensed breeders are in double figures, Gedling has just one."
Gedling Borough Council says the couple continued to breed and sell dogs despite their applications being unsuccessful. The authority says it warned Mr and Mrs Ogden about potential legal action, but that they still continued.
Mr Ogden says their third litter of puppies was accidental and only just fell within the 12-month timeframe, but that rehoming them was the "humane" decision. The couple were eventually told they could apply for permitted development, where buildings can be extended or renovated without a full planning application, but this has also been rejected.
Mr Ogden says he and his wife have spent £15,000 overall trying to comply with requirements and in terms of the broader impact of the case, he said: "This has caused immense distress for me and my wife and we are suffering from depression because of the case. We are under strict instruction that there can be no more litters produced where we are now, so it looks like we'll have to move to live under another authority."
Mr Ogden also denied Gedling Borough Council's description of his kennels being "cramped", saying mitigating evidence provided in the court case proved the opposite. The Leader of Gedling Borough Council, Councillor John Clarke said: "Anyone who breeds and sells dogs must comply with the requirements of the Animal Licensing regulations.
"Licences ensure that the breeders act responsibly and within the law. It also protects customers' rights as well as the safety of the animals. The council has followed all of the processes for this licence application correctly and in accordance with the regulations.
"The judge, when sentencing, stated that Mr and Mrs Ogden knew full well that they needed a licence and that they had made significant financial gain from the breeding activity. We welcome the outcome of the case and we will continue to work hard to ensure that dog breeders comply with the law."
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