Agenda item

5.1

The Committee received a report of the Chief Licensing Officer informing Members of the new Scrap Metal Dealers Act 2013.

5.2

Shimla Finch, Principal Licensing Officer, informed Members of the new Act and its implications, which was due to come into effect on the 1^st October, 2013 and asked that the Committee approve the fees and application documents for a Scrap Metal Dealer licence, as outlined in the report, and give approval for the published scheme of delegation to be amended to reflect the legislative changes.

5.3

Shimla Finch stated that the statute revises the regulatory regime for scrap metal dealing and vehicle dismantling and that Local Authorities will continue to act as the main regulator, but the new statute gives Authorities more powers to refuse and revoke licences if it considers dealers to be unsuitable and allows them greater rights of entry and inspection.  She added that the changes in the legislation have been prompted by the impact of metal theft which has become an increasing problem across the United Kingdom as the value of metal has risen.

5.4

Shimla Finch outlined the two types of licence to be brought in by the Act, these being a “site licence” and a “collector’s licence”.  She stated that a person can only hold one licence in a Local Authority area, but can hold a licence in more than one Local Authority area.  She indicated that a site licence requires all of the sites at which the licensee carries on the business as a scrap metal dealer within the Local Authority area to be identified, and a site manager be named for each site.  A collector’s licence authorises the licensee to operate as a mobile collector in the area of the issuing local authority but does not permit the collection of scrap metal from any other local authority area nor does it allow the licensee to carry on a business at a site within any area.

5.5

Shimla Finch added that scrap metal dealers who are currently registered under the Scrap Metal Dealers Act 1964 or Vehicles (Crime) Act 2001 (Motor Salvage Operators) will be deemed to currently hold a licence but are required to submit an application for a licence between the 1^st and 15^th October, 2013.  A temporary licence will be issued and valid until a formal licence decision is issued by the Local Authority.  If a registered dealer does not submit an application by the 15^th October, they would be required to apply for a new licence.  Scrap metal dealers who are not currently registered can apply for a licence but until such licence is issued, they cannot trade legally.

5.6

Shimla Finch then stated that the application for a licence must be accompanied by a fee, as it will provide Local Authorities with the funding needed to administer the system and ensure compliance.

5.7

In response to questions from Members of the Committee, Shimla Finch stated that under the Act, licences must be displayed in a prominent place in an area accessible to the public, currently these will be placed on the dashboard of vehicles and the Licensing Section were looking into ways of displaying licences more prominently, but this would possibly mean an increase in fees.

5.8

RESOLVED: That (a) the Committee approves the new forms, proposed new fees and recommends that the Council amends the Licensing Committee’s published  scheme of delegation to reflect the legislative changes; and

(b) greater publicity is given to the commencement of the new Act.