Agenda and minutes

Licensing Committee - Tuesday 17 September 2013 10.00 am

Venue: Council House (Next to the Civic Centre), Plymouth

Contact: Helen Rickman / Katey Johns, Democratic Support  Email: katey.johns@plymouth.gov.uk / Email: helen.rickman@plymouth.gov.uk

Items
No. Item

14.

DECLARATIONS OF INTEREST

Members will be asked to make any declarations of interest in respect of items on this Agenda.

Minutes:

There were no declarations of interest in accordance with the code of conduct.

15.

MINUTES pdf icon PDF 78 KB

To confirm the minutes of the –

 

·         Licensing Committee meeting held on 23 July 2013

·         Licensing Sub-Committee meetings held on –

o   23 July 2013

o   6 August 2013

Additional documents:

Minutes:

Agreed the minutes of the –

 

·         Licensing Committee held on 23 July 2013;

·         Licensing Sub-Committees held on 23 July and 6 August 2013.

16.

CHAIR'S URGENT BUSINESS

To receive reports on business which, in the opinion of the Chair, should be brought forward for urgent consideration.

Minutes:

There were no items of Chair’s urgent business.

17.

SCRAP METAL DEALERS ACT 2013 pdf icon PDF 75 KB

The Committee will consider a report regarding the Scrap Metal Dealers Act 2013.

Minutes:

The Director for Place submitted a report informing Members that existing law controlling the buying and selling of scrap metal had been repealed and replaced by the Scrap Metal Dealers Act 2013.  In attendance to present the report and respond to any questions raised was Andy Netherton, Manager Health, Safety and Licensing. 

 

The report outlined the key provisions of the Scrap Metal Dealers Act and the proposed local implementation arrangements, including the future role for Committee Members.  Details of the report included –

 

·         the dramatic increase in the international price of ferrous scrap metal over recent years had resulted in a significant increase in the theft and illegal trade of stolen metal, estimated to cost the economy £220m per year;

·         a summary of current legal controls;

·         that there were currently 24 scrap metal dealers or itinerant collectors registered with Public Protection Service with no registration fee payable;

·         there were currently seven motor salvage operators registered with the Public Protection Service with a registration fee of £81.50 payable, lasting three years;

·         a summary of the new Scrap Metal Dealers Act 2013 which –

o   made provision for two types of licence (valid for three years) –

§  a site licence (authorises any site in a local authority);

§  a collector’s licence (authorises the licensee to carry on a business as a mobile collector in a local authority area)

o   made it an offence for any scrap metal dealer, including collectors, to buy scrap metal for cash;

o   provided the police and licensing authorities with new powers to enter and inspect sites as well as close down unlicensed sites;

o   allowed local authorities to set licence fees from 1 September 2013;

o   came into full effect from 1 December 2013;

·         the role of the Licensing Committee.

 

In response to questions raised, Members were informed that –

 

(i)

 

there was no specific training in relation to the new Act planned for Members, as the process for considering licensing applications would be the same.  An element would, however, be included as part of Member’s annual Licensing training programmed for the start of the new municipal year;

 

(ii)

 

the definition of a scrap metal dealer was very wide and further guidance on the interpretation of this was still awaited from the Home Office;

 

(iii)

 

dealers who were new to the register would receive an initial site visit and be revisited after the first 12-months of operation;

 

(iv)

 

applicants and site managers would have to satisfy the licensing authority they were a suitable person to carry on a business as a Scrap Metal Dealer, this would include a requirement for a Basic Disclosure Certificate and consultation with the Police and the Environment Agency (future Home Office guidance in this regard was still awaited);

 

(v)

 

a national register of licences would be maintained by the Environment Agency;

 

(vi)

 

the three main offence-related areas were in respect of metal theft, waste management and fraud;

 

(vii)

 

only where relevant offences had been committed could two specified conditions  ...  view the full minutes text for item 17.

18.

EXEMPT BUSINESS

To consider passing a resolution under Section 100A(4) of the Local Government Act 1972 to exclude the press and public from the meeting for the following item(s) of business on the grounds that it (they) involve(s) the likely disclosure of exempt information as defined in paragraph(s) ? of Part 1 of Schedule 12A of the Act, as amended by the Freedom of Information Act 2000.

Minutes:

There were no items of exempt business.