Issue - meetings

This report provides details of the new legislativerequirements of the Scrap Metal Dealers Act 2013, including necessary changes to Committee Terms of Reference, Scheme of Delegations and the fee setting process.

Discussion:

This report informed Members of the new legislativerequirements of the Scrap Metal Dealers Act 2013, including necessary changes to the Licensing and Safety Committee’s Terms of Reference, Scheme of Delegations and the fee setting process.

The Portfolio Holder for Community Safety and Customer Contact, Councillor Hicks, supported by the Deputy Leader and Portfolio Holder for Finance, Councillor Jarrett, proposed the recommendations set out in the report.

Decision:

a)     Council agreed to add responsibility for dealing with all matters relating to the functions of the Council under the Scrap Metal Dealers Act 2013 to the terms of reference of the Licensing and Safety Committee.

b)     Council noted that the Licensing and Safety Committee has agreed:

·       the powers and duties of the council as the licensing authority relating to the determination of applications made under the Scrap Metal Dealers Act 2013 be delegated to the Assistant Director, Legal and Corporate Services.

·       the setting of fees under the Scrap Metal Dealers Act 2013 be delegated to the Assistant Director, Legal and Corporate Services.

·       that the Licensing Sub Committee should consider and determine the action to be taken when representations are received from an applicant where it is proposed to refuse, vary or revoke a scrap metal licence.

c)      Council agreed the consequential changes to the Council's Constitution as set out in Appendix D to the report.

To inform Members of the new legislative requirements of the Scrap Metal Dealers Act 2013, including necessary changes to Committee Terms of Reference and Scheme of Delegations and to endorse the fee setting process to full Council

Discussion:

The Licensing and Local Land Charges Manager informed the committee that a supplementary agenda had been circulated with revised recommendations, along with an additional appendix highlighting the changes to the council’s constitution in line with the powers of the Scrap Metal Dealers Act 2013.

The Senior Licensing and Enforcement Officer introduced the report on the Scrap Metal Dealers Act 2013, which was due to come into force on 1 October 2013. The new Act would give local authorities increased powers, including the power to refuse to grant a licence and powers to revoke licences if the dealer was considered unsuitable.

The Act introduced two types of licence either a site licence or a collector’s licence. A person could only hold one licence in a local authority’s area but could hold a licence in more than one local authority. 

Any dealers that had been registered before 1 October 2013 would be deemed to have a licence under the Act from 1 October 2013 and provided that the dealer submitted an application on or before 15 October their deemed licence would last until the council either issued a licence or gave notice of the decision to refuse the licence.  Any dealer who failed to submit an application on or before 15 October 2013 would see their deemed licence lapse on 16 October 2013. Any new scrap metal dealer would be able to apply for a licence but would have to wait until a licence was granted before being able to trade.

Members were advised that local authorities would complete suitability checks before granting a licence. The Local Government Association had recommended that decisions on whether to grant or refuse a licence to those previously registered was to be made by 1 December 2013.

The Senior Licensing and Enforcement Officer explained that fees would be set locally by each local authority, but that this should be on a cost recovery basis and not a profit making exercise.

The committee welcomed the report and the Senior Licensing and Enforcement responded to a number of questions. The committee were informed that no licences had yet been granted, as currently all scrap metal dealers only had to register themselves with the local authority. In total there were approximately 45 scrap metal dealers who were registered. 

The Senior Licensing and Enforcement Officer confirmed that the only agency who could object to the granting of a licence was the Police and it was being proposed that the dealer could appeal the decision via the Licensing Sub-Committee.

Members asked if it was possible for the new licence to identify the vehicle that itinerant dealers used but the committee was informed that it would be the dealers themselves who would be granted a licence and not the vehicle. However, all dealers were to be given an ID card and the Police had the power to stop and ask to see their ID.

Members were advised that there was currently no resource within the licensing team to visit all dealers.  ...  view the full minutes text for item 364