Tag Archives: pet shop licence withdrawn

Barrow-in-Furness, Cumbria: Wayne Moffatt and Ian Henry

Animal abusers Wayne Moffatt and  Ian Henry of Barrow in Furness, Cumbria, UK, pictured outside court
Animal abusers Wayne Moffatt and Ian Henry pictured outside court

#TheList reptile retailer Wayne P Moffatt, born c. 1961, of 10 Storey Square, Barrow in Furness LA14 2HU and his employee Ian Henry, born c. 1969, of St Vincent Street, Barrow in Furness LA14 – for neglecting more than 60 exotic animals at the store store

Animal abuser Wayne Moffatt of Barrow in Furness, Cumbria, UK
Wayne Moffatt

Wayne Moffatt, the owner of the Living World pet shop in Barrow, was found guilty of animal neglect charges alongside his friend Ian Henry. The verdict followed a two-day trial.

The pair had denied charges of causing unnecessary suffering and failing to meet the needs of animals including several species of snakes, frogs, geckos and monkeys at the Dalton Road store.

Animal abuser Wayne Moffatt of Barrow in Furness, Cumbria, UK

The judge also ordered animals in the store to be taken away by the RSPCA. The court heard a number of animals, including several species of snakes, frogs, geckos and monkeys were previously taken away by the RSPCA when a warrant was executed in February 2019.

Ordering the ban, Mr Chalk said: “I have no doubt that you have a keen interest in exotic animals but I do not think you have the necessary qualifications and understanding to deal with these animals.

“You need to think very carefully about whether you should keep animals of that type again unless you have the knowledge to deal with them appropriately.”

The shop licence to sell animals was refused by Barrow Council in 2018.

Living World premises at 228 Dalton Rd, Barrow in Furness
The Living World store at 228 Dalton Rd, Barrow in Furness

RSPCA inspectors and vet Victoria Temple had told the court a number of the animals were being kept at temperatures too low or too high and in spaces too small.

In court, Moffatt, who has previous convictions for drug offences, said he disputed those findings and insisted the animals were being kept at appropriate ‘winter’ temperatures – and in enclosures big enough.

He repeatedly told the court: “In my 20 years of keeping animals I have never knowingly let an animal suffer or be in pain under my care.”

But the court was told the temperatures still fell short of legal guidelines.

Henry’s solicitor Maureen Fawcett had argued her client was only a friend of Moffatt’s and should not be deemed responsible for the welfare of the animals because he was not employed at Living World.

Moffatt said in his closing statement: “I’m very sorry Mr Henry is here.”

Ms Fawcett said: “It was Mr Moffatt that owned the pet shop and was responsible.

“In my respectful submission there isn’t sufficient evidence that Mr Henry had knowledge of the needs and upkeep of the animals.”

RSPCA prosecutor Steven Marsh said: “There is overwhelming evidence that Mr Henry was responsible for the animals.”

The court heard Henry had been on his own in the shop during a number of official visits, including the day the animals were taken in the execution of a warrant.

Sentencing:
Moffatt – 300 hours of unpaid work ; total of £885 costs and charges. Henry – 240 hours of unpaid work; costs and charges totalling £585.
Both were banned from keeping primates, reptiles and amphibians for the next two years (expires October 2021).

The Mail

Bordesley Green, Birmingham: Mohammed Nabeel and Nazar Hussain

#TheList Nazar Hussain, born 28/02/1969, of 109 Rotherfield Road, Birmingham B26 2SH, and Mohammed Nabeel, born May 1991, of 50 Ludlow Road, Birmingham B8 3BY – for animal welfare offences at pet shop Bordesley Green Pet & Aquatics

Pet shop operators Nazar Hussain and Mohammed Nabeel from Birmingham kept animals in appalling conditions and failed to treat their medical conditions
Pet shop operators Nazar Hussain and Mohammed Nabeel from Birmingham kept animals in appalling conditions and failed to treat their medical conditions

Nazar Hussain and Mohammed Nabeel, the respective licence holder and manager of Bordesley Green Pets & Aquatics based at 149 Bordesley Green, Birmingham B9 5EP, admitted multiple animal welfare offences at Birmingham Magistrates’ Court.

Hussain pleaded guilty to 12 charges under the Pet Animals Act 1951, the Animal Welfare Act 2006, the Wildlife and Countryside Act 1981, while Nabeel pleaded guilty to seven offences under the Animal Welfare Act 2006 and the Wildlife and Countryside Act 1981.

Mohammed 'Nabz' Nabeel was the manager of Bordesley Green Pets & Aquatics, but failed to look after the animals properly
Mohammed ‘Nabz’ Nabeel was the manager of the pet store but failed to look after the animals properly

The court heard how on 30 May 2018, Birmingham City Council’s animal welfare team received a complaint from the RSPCA about conditions at the licensed pet shop.

The team was unable to attend that day so an RSPCA inspector visited the premises and found a number of animal welfare concerns, including:

  • A cockatiel with an obvious injury to its wing, which later had to be put to sleep
  • Two budgerigars kept in a small, dirty cage
  • A female cat with mammary growths, another cat chained up in the back of the shop and a third cat kept in a small cage with no food, water, bedding or litter tray
  • Two large rabbits kept in a small, dirty cage with no water

The RSPCA inspector issued warning notices to manager Nabeel and instructed him to make numerous and immediate improvements, including taking the cockatiel and the cat with the growths to a vet for an examination.

A senior animal welfare officer from the council visited the shop the following day, accompanied by the RSPCA inspector, and found a number of breaches of the licence relating to cleanliness, size of accommodation for animals being too small, dirty drinking receptacles or no drinking water at all, no environmental enrichment provided and animals being housed in accommodation which did not minimise stress caused by other animals.

Hussain was subsequently advised of the failure to comply with numerous conditions attached to the licence issued to him for the premises. Hussain did not attend two interviews arranged and did not provide any comments. Nabeel was interviewed by the RSPCA officer but denied any wrongdoing.

District Judge Jan Jellema described the evidence as showing a ‘truly appalling picture of how animals were kept’ and that there was ‘scant evidence of any affection for animals’.

Councillor Phil Davis, chair of the council’s Licensing and Public Protection Committee, said: “This is an absolutely appalling case where the licence holder allowed the conditions in his pet shop to deteriorate. Animals were kept in truly terrible conditions while the manager was incapable of looking after the animals and caring for their needs. In the case of the cockatiel, this lack of care resulted in it having to be put to sleep on welfare grounds.

Sentencing: 10 weeks’ imprisonment for each offence, suspended for 12 months. Total costs of £5,600 between them. They were both disqualified from having custody of any animal for a period of 10 years. Hussain was also disqualified from keeping a pet shop for 10 years.

Birmingham Updates