BASC launches second legal challenge over gamebird licensing

BASC has escalated its dispute with Natural England over gamebird licensing near protected wildlife sites, opening a second legal front in two months.

On 30 July, the association sent a pre-action protocol letter notifying Natural England of its intention to seek a judicial review over the agency’s handling of individual licences for gamebird releases on or near Special Protection Areas (SPAs).

In June, BASC threatened Defra with legal action over the lack of transparency surrounding the scrapping of General Licence 45. That dispute ended when Defra released documents and confirmed Natural England was responsible for the new system.

Legal view

Stuart Farr of Harrison Drury Solicitors told Shooting Times that pre-action letters help avoid unnecessary litigation between the wrong parties. “This process of focusing issues before proceedings start is fundamental to judicial review,” he said.

BASC argues that Natural England has misunderstood how the new licensing system should work – specifically, when a “release” occurs. The agency defines it as when birds are placed in pens, while BASC says it is when they are freed into the wild. The association also claims Natural England has exceeded its authority by requiring licences for releases outside designated zones.

“We have exhausted all other options,” said BASC chief executive Ian Bell. “Natural England’s licensing approach is legally flawed, unworkable and risks real harm to conservation and rural livelihoods.”

Impact

Many shoots remain unclear about their legal obligations, leaving managers scrambling to plan releases and secure permissions.

The row comes amid fresh bird flu concerns, with four new cases in the past fortnight. BASC says the challenge is not about disease control but about ensuring measures are “evidence-led and proportionate”.

At stake, it says, is more than £500 million of privately funded conservation work dependent on viable game-shooting operations. Natural England has yet to respond.

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