Members of Bedford Animal Action demonstrated in Midsummer Meadow last week and the Captive Animals' Protection Society (CAPS) complained to Northampton Borough Council, which has a long-standing policy prohibiting animal acts in the town.

The circus shows went ahead, as planned, over the Easter weekend, after a borough council officer said the elephant did not breach the policy because it was not performing.

However, Councillor Tony Woods, leader of the borough council, said: "There was some debate and I think they did skate a little close to the council's policy.

"However, it would have been churlish for the borough council to refuse permission for the elephant to be there because it was fundamentally a family pet."

Councillor Woods (Lib-Dem, St David's) also told CAPS the policy would be made clear to future circuses.

A spokesman for Northampton Borough Council said: "Our policy is generally not to permit animal acts on council land. It was our view that Anne the elephant was not performing at this circus so the policy was not breached.

"Our intention is clearly to avoid any mistreatment of animals but it does seem that perhaps the wording of our policy ought to be reviewed."

CAPS believes the current ban applies to wild and domestic animals, whether they are performing or not.

Craig Redmond, campaigns manager for CAPS, said: "We believed right from the start that allowing this circus to use council land was in breach of the council's own ban on animal acts.

"The e-mail from the leader of the council and the policy statement appear to confirm this. It is now important that the council ensures that animal circuses are not allowed to use public land in the future."

The Bobby Roberts circus also included dogs, horses and a camel.