

Allow Allotment Holders to Keep Quail as Set Out in the Allotment Act 1950


Allow Allotment Holders to Keep Quail as Set Out in the Allotment Act 1950
The Issue
Please read this important update as to why the petition was reopened: https://www.change.org/p/witney-allotment-association-allow-allotment-holders-to-keep-quail-as-set-out-in-the-allotment-act-1950/u/11751216
I have been told by Witney Allotment Association that I am not allowed to keep quails on my allotment even-though the law allows it.
I wasn't going to write this petition, as I thought that for many it may be petty, but then I got to thinking. If even the smallest of laws are not upheld in our country then how can we expect big things to matter?
The Allotment Act 1950 allows the keeping of hens on all publicly owned allotment sites in England and Wales - no council or association is above this law.
Here is the legal argument bit from a solicitor regarding the legal right to keep quails on publicly owned allotments.
"In the absence of a restriction in a tenancy, an allotment tenant may keep any animal or bird there.
Any restriction forbidding the keeping of non-commercial hens is invalid under s.12 of the Act [Allotment Act 1950]
I have before me the Shorter Oxford English Dictionary which we lawyers usually refer to for definitions. Its a mere 2500 pages long or thereabouts.
Hen:
1.the female of the common domestic fowl
2. the female of various other birds
3 – 6 (further definitions not relevant)
Even if there is a restriction on keeping hens, this would be invalid under the Act, and the term “hen” would clearly include female quails as being within the statutory class of birds which can be kept on an allotment"
The crazy thing is, I am allowed to keep chickens and I have 6 on my plot currently and have been told by the chair of the association that they are "a delightful addition to Newlands allotment and look very happy and healthy".
Here is my factual argument for the allowing of quail on my allotment:
1. Quail eggs are far superior in regards to nutrition to chickens eggs.
2. The feed to egg ratio is much more favourable in quails than chickens making it more cost effective for the keeper and better for the environment as less food has to be trucked around.
3. Quails are quieter than chickens.
4. Quail need a smaller area than chickens as they are not much larger than a tennis ball.
Allotments are all about good wholesome foods, and when someone could rear quail for eggs on their allotment and it create less of a impact than keeping hens, to me this seems like a no-brainer. We allow chickens, so allowing quail would be an obvious next step.
I realise that this petition won't be as big as the last one against Witney Allotment Association when they tried to evict a pensioner and D-Day veteran from his plot, but it will show that people don't like getting bossed around by self important bureaucrats who refuse an allotment holder his legal right.
Hopefully this petition will be the start to getting every local council and association to uphold an allotmenteers right to keep quail on his or her plot!
Here I will add to a growing list of Councils who have publicly said that they allow their plot holders to keep quail on their allotments. I am email them all one by one so this may take some time.

The Issue
Please read this important update as to why the petition was reopened: https://www.change.org/p/witney-allotment-association-allow-allotment-holders-to-keep-quail-as-set-out-in-the-allotment-act-1950/u/11751216
I have been told by Witney Allotment Association that I am not allowed to keep quails on my allotment even-though the law allows it.
I wasn't going to write this petition, as I thought that for many it may be petty, but then I got to thinking. If even the smallest of laws are not upheld in our country then how can we expect big things to matter?
The Allotment Act 1950 allows the keeping of hens on all publicly owned allotment sites in England and Wales - no council or association is above this law.
Here is the legal argument bit from a solicitor regarding the legal right to keep quails on publicly owned allotments.
"In the absence of a restriction in a tenancy, an allotment tenant may keep any animal or bird there.
Any restriction forbidding the keeping of non-commercial hens is invalid under s.12 of the Act [Allotment Act 1950]
I have before me the Shorter Oxford English Dictionary which we lawyers usually refer to for definitions. Its a mere 2500 pages long or thereabouts.
Hen:
1.the female of the common domestic fowl
2. the female of various other birds
3 – 6 (further definitions not relevant)
Even if there is a restriction on keeping hens, this would be invalid under the Act, and the term “hen” would clearly include female quails as being within the statutory class of birds which can be kept on an allotment"
The crazy thing is, I am allowed to keep chickens and I have 6 on my plot currently and have been told by the chair of the association that they are "a delightful addition to Newlands allotment and look very happy and healthy".
Here is my factual argument for the allowing of quail on my allotment:
1. Quail eggs are far superior in regards to nutrition to chickens eggs.
2. The feed to egg ratio is much more favourable in quails than chickens making it more cost effective for the keeper and better for the environment as less food has to be trucked around.
3. Quails are quieter than chickens.
4. Quail need a smaller area than chickens as they are not much larger than a tennis ball.
Allotments are all about good wholesome foods, and when someone could rear quail for eggs on their allotment and it create less of a impact than keeping hens, to me this seems like a no-brainer. We allow chickens, so allowing quail would be an obvious next step.
I realise that this petition won't be as big as the last one against Witney Allotment Association when they tried to evict a pensioner and D-Day veteran from his plot, but it will show that people don't like getting bossed around by self important bureaucrats who refuse an allotment holder his legal right.
Hopefully this petition will be the start to getting every local council and association to uphold an allotmenteers right to keep quail on his or her plot!
Here I will add to a growing list of Councils who have publicly said that they allow their plot holders to keep quail on their allotments. I am email them all one by one so this may take some time.

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Petition created on 20 July 2015