A tiny council-run aviary which houses a collection of 37 cage birds has been targeted by an animal welfare charity who claim it is being run illegally.

The Born Free Foundation says Castle Morpeth Council's attraction at Carlisle Park Morpeth should be licensed in the same way as Edinburgh Zoo.

Visitors to the popular park can call at the wooden structure, which contains 20 budgies, eight cockatiels, two Rosella parrots, a parakeet and six finches.

Council bosses have been left stunned by claims it is not operating within the law - not least because they are the licensing authority.

The Born Free Foundation - which claims more than 30pc of UK zoos may be operating illegally - listed the Morpeth aviary and the nearby Whitehouse Farm Centre as two establishments which should have zoo licences because they display wild animals.

The Foundation campaigns against animals being kept in zoos and circuses or as exotic pets.

It claims all places which display animals to the public for more than seven days in a year need to have a licence under the Zoo Licensing Act 1981.

It is calling on the Government to take action, claiming unlicensed `zoos' have significant implications for animal welfare and public safety.

Castle Morpeth Council said the licensing issue was examined when the aviary was built and officials were told a licence was not required.

Spokesman Chris Jennings said that, following the Born Free Foundation claims, officials had contacted Defra.

He said they had been told that because of the size of the aviary, the type and number of birds, the fact they are all donated and that it is not a paid attraction, a zoo licence is probably not required.

He said: "Ultimately, zoo licensing is an issue dealt with in-house by local authorities and it is the view of our environment health officer that no licence is required.

"Our aviary and the Whitehouse Centre are nowhere near the same category as London or Edinburgh Zoos."

Heather Hogarty, joint owner of the Whitehouse Centre where visitors can view domestic and farm animals, said she is in discussions with the council about a zoo licence because the centre also has an exotic snake on display.

She said: "This all seems totally pointless.

"We are regularly inspected and given a clean bill of health by vets, environmental health officers and the RSPCA."

Daniel Turner, the Born Free Foundation's Zoo Check Co-ordinator, said: "All attractions that are neither pet shops or circuses, that display wild animals to the public for seven or more days a year need to have a zoo licence."