Agenda item

SCRAP METAL DEALERS ACT 2013 - DETERMINING SUITABILITY

The Director for Place will submit a report.

Minutes:

Further to minute 17, the Director for Place submitted a report updating Members on the key provisions of the Scrap Metal Dealers Act 2013.  Members were advised that –

 

(a)

 

since the initial report to committee in September, the scrap metal fees for 2013/2014 had now been set based on best estimates of the amount of work and time required, including set up costs.  However, in accordance with best practice, the fees would be reviewed to ensure that the income balanced costs over a three-year period;

 

(b)

 

there were two types of licence –

 

·         a site licence which authorised an operator to carry on a business as a scrap metal dealer, and

·         a collector’s licence which allowed the collector to carry on a business as a mobile collector throughout Plymouth;

 

A dealer could only hold one type of licence in any one local authority area;

 

(c)

 

every applicant was subject to a suitability test and matters to be considered included –

 

·         whether the applicant or any site manager had been convicted of any relevant offence;

·         whether the applicant or any site manager had been the subject of any relevant enforcement action

·         any previous refusal of an application for the issue or renewal of a scrap metal licence (and the reasons for the refusal);

·         any previous refusal of an application for a relevant environmental permit or registration (and the reasons for the refusal);

·         any previous revocation of a scrap metal licence (and the reasons for the revocation);

·         whether the applicant has demonstrated that there will be in place adequate procedures to ensure that the provisions of this Act are complied with;

 

(d)

 

to date, 47 applications had been received, 15 site licences and 22 collectors’ licences, none of which had been deemed necessary to refer to Licensing Sub-Committee.

 

In response to questions raised, Members heard further that –

 

(e)

 

delays with the issue of disclosures certificates by Disclosure Scotland could affect the target date of 1 December 2013 to start issuing  licences, however, measures were being put in place to ensure that licences could be issued as soon as officers were in possession of all the relevant information;

(f)

 

officers were ensuring that all dealers had every opportunity to apply for a licence prior to introduction of the enforcement provisions.  Dealers should now be making records of who they are receiving scrap from, noting ID and ensuring transactions are dealt with through bank credits as opposed to cash;

 

(g)

 

guidance issued by the Home Office was not particularly clear and Officers would have to come to an informed view on whether or not a licence was required, depending on the amount of scrap metal generated and the working practices of the business in question.  Discussions with peers and debate via the Devon Licensing Forum would help officers in this regard;

 

(h)

 

the flow chart set out in Appendix 1 to the report outlined the process for dealing with applications which had been refused, varied or revoked;

 

(i)

 

as there was a value in scrap metal it was hoped that fly-tipping would not be a problem.

 

 

 

The Committee noted the report.

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