Statutory guidance

Licence to sell black-headed gull eggs for human consumption (GL23)

Updated 1 January 2024

Applies to England

General licence GL23: to permit the sale of black-headed gull eggs for human consumption.

Overview

This licence permits the sale of eggs of the black-headed gull that have been collected under and in accordance with a licence granted by Natural England (but see Condition 1 and Information and Advice note b).

The licence is intended to permit the sale of eggs by retailers and restaurateurs. Users must comply with licence terms and conditions.

Registration: Users do not need to register to use this licence.

Recording and reporting: There is a data recording requirement.

Reference: WML – GL23

Legislation

Statute(s) Wildlife and Countryside Act 1981 (as amended) (‘the 1981 Act’).

Section(s) This licence is issued under section 16(4) and section 16(5).

Licence terms and conditions

Valid for the period: 1 January 2024 to 31 December 2024 (inclusive).

Area valid in: All counties of England (landward of the mean low water mark).

Purpose(s) for which this licence is issued: This licence can only be used to permit the sale or advertisement for sale of eggs for human consumption.

What this licence permits

Subject to all the terms and conditions of this licence and solely for the purpose(s) stated above, this licence permits:

• the sale (which in this licence includes hire, barter or exchange), offer or expose for sale, possession or transport for the purpose of sale, or

• the publication or the causing to be published of any advertisement likely to be understood as conveying the buying or selling, or the intention of buying or selling of eggs of the black-headed gull, (Chroicocephalus ridibundus; formerly known as Larus ridibundus)

Who can use this licence

This licence can only be used by retailers and restaurateurs* except those convicted on or after 1 January 2010 of a wildlife crime* unless, in respect of that offence, either:

• they are a rehabilitated person for the purposes of the Rehabilitation of Offenders Act 1974 and their conviction is treated as spent, or

• a court has made an order discharging them absolutely

Any application by a person to whom this exclusion applies for an individual licence will be considered on its merits.

*: see Definitions

Definitions used in this licence

“Wild bird” has the same meaning as in section 27 of the 1981 Act.

“Retailers and restaurateurs” means any person(s) who sells goods, either whole or processed, for human consumption, but excludes the egg collector (or their representative) who will be authorised separately under a personal licence.

“Wildlife crime” means any offence under the Conservation of Habitats and Species Regulations 2017, the Wildlife and Countryside Act 1981, the Protection of Badgers Act 1992, the Deer Act 1991, the Hunting Act 2004, the Wild Mammals (Protection) Act 1996, the Animal Welfare Act 2006, the Protection of Animals Act 1911 (all as amended) or the Invasive Alien Species (Enforcement and Permitting) Order 2019.

Licence conditions

1. Only eggs collected under and in accordance with a licence issued by Natural England under section 16(2)(b) of the 1981 Act may be sold under this licence. Nothing in this licence operates to grant a licence or otherwise make lawful the taking of eggs of any wild bird (see Information and advice note b).

2. Persons intending to rely on this licence must retain documentary evidence that the eggs were collected in accordance with a licence issued by Natural England (see Information and Advice note a).

3. Nothing in this licence permits the sale of eggs for any purpose other than human consumption.

4. No egg may be sold under this licence after 30 June in any year.

Important

This licence authorises acts that would otherwise be offences under the legislation referred to above. Failure to comply with its terms and conditions:

i. may mean that the licence cannot be relied upon and an offence could therefore be committed. The maximum penalty available for an offence under the 1981 Act is, at the time of the issue of this licence, an unlimited fine and/or a six month custodial sentence

ii. may result in your permission to use this licence being withdrawn. Natural England will inform any person or organisation whose permission to use this licence is withdrawn in writing. This sanction may be applied to other similar licences, and

iii. may mean that you are not able to rely on this licence as a defence in respect to the prohibitions within the Animal Welfare Act 2006 or the Wild Mammals (Protection) Act 1996.

If the activity that you wish to undertake is not covered by this licence, or if you are unable to comply with any of the terms and conditions which apply to the use of this licence, then you will need to apply to Natural England for an individual licence.

Issued by and on behalf of Natural England on 1 January 2024.

Information and advice specific to this licence

Documentary evidence

a. Persons intending to rely on this licence must be able to demonstrate that the eggs were legally collected and are advised to only purchase eggs from collectors or distributors who are able to satisfactorily demonstrate that they are complying with the relevant regulations. In most circumstances, the retention of an invoice, documenting the purchase of gull eggs and including the licence number of the person(s) who collected the eggs should provide sufficient documentary evidence. This information should be retained for a minimum period of 24 months.

Sale of gull eggs

b. This licence only permits the sale of eggs collected by persons acting under a licence (issued under section 16(2)(b) of the 1981 Act) to collect gulls eggs specifically for human consumption. No other eggs, and this includes gulls eggs lawfully taken under other Natural England licences, for example, to preserve air safety, may be sold under this licence.

Avian influenza (bird flu)  

Avian influenza (bird flu) is a notifiable animal disease. You should use the online service to report dead wild birds if you find:  

• 1 or more dead birds of prey (such as an owl, hawk or buzzard)  

• 3 or more dead birds that include at least 1 gull, swan, goose or duck  

• 5 or more dead wild birds of any species

Information and advice for all class and general licences

General information

c. Ordinarily, licences will be reissued on 1 January each year. You do not need to re-register for those with registration requirements. Please note, however, that they can be modified or revoked at any time by Natural England or the Secretary of State, but this will not be done unless there are good reasons for doing so. You are advised to check the terms and conditions of a licence prior to your first use of it each year in case of amendments.

d. The common name of the species given in a licence is included by way of guidance only; in the event of any dispute or proceedings, it is the scientific name of a species only that will be taken into account.

The limits of licences

e. Licences permit action only for the purposes specified on that licence.

f. Licences do not permit actions prohibited under any other legislation, nor do they confer any right of entry upon land.

g. Unless otherwise stated the provisions of Natural England licences only apply landward of the mean low water mark in England. The Marine Management Organisation is responsible for all licensing seaward of the mean low water mark.

Contact Natural England for licensing enquiries

Telephone: 020 802 61089

Email: wildlife@naturalengland.org.uk

Wildlife Licensing, Operations Delivery
Natural England
Horizon House
Deanery Road
Bristol
BS1 5AH

For other enquiries use the Enquiry Service.

Telephone: 0300 060 3900

Email: enquiries@naturalengland.org.uk

WML-GL23 [version January 2024]