Scrap metal dealer
The Scrap Metal Dealers Act 2013 - Licensing Regime
A new Act was passed in February 2013 which introduces a new regulatory regime for scrap metal dealers and motor salvage operators.
What is the main change?
In order for anyone to carry out a business as a scrap metal dealer they will have to have a licence issued by the Council.
There will be two types of licence:
- A Site Licence - All sites where a scrap metal business is carried out must have a licence. A site manager must be named for each site. Scrap may be transported to the site/s from other Council areas.
- A Collector’s licence - This allows an individual to operate as a collector within Gwynedd Council’s area. It does not allow for the individual to operate in other Council areas – a separate licence from each Council area is required. A collector cannot hold both a site licence and a collector licence from the same Council.
Collecting scrap metal or operating a scrap metal site without a licence is now a criminal offence.
Licences will last for a period of three years. The requirements for photo identification, record keeping and non-cash purchasing remains.
What is a scrap metal dealer, a site , mobile collector and scrap metal?
Scrap metal dealer
A dealer is generally anyone who has a business which is wholly or partly involved with buying or selling scrap metal. Under some circumstances where there is a question over whether the sale of metal is incidental to the main business activity the Council will make a decision as to whether or not a licence is required.
A site is any premises used in the course of carrying out a business as a scrap metal dealer, whether or not the metal is actually stored there. A trader who works out of an office would therefore require a site licence for the office.
A mobile collector is a person who acts as a scrap metal dealer but does not have a site. A collector regularly collects scrap metal by means of door to door visits.
Old, waste or discarded metal or metallic products or articles / assemblies made of or containing metal which is broken or has reached the end of its useful life. Second hand goods are not considered scrap metal. What is or is not second hand goods is for the Council to determine.
How do I apply for a licence?
You must provide all the relevant detail you can on the application form.
The Council will be required to assess the suitability of an applicant to hold a license. As part of this process the Council will be looking to establish whether or not an applicant has relevant unspent criminal convictions.
Assessing an applicant’s suitability – how?
As part of the application process you are strongly advised to submit a BASIC DISCLOSURE CERTIFICATE which is available from Disclosure Scotland. You may submit an application online via www.disclosurescotland.co.uk. The cost is £25:00. An application usually takes 14 days to process.
Such a certificate details whether or not an applicant has any relevant unspent criminal convictions. An applicant may not necessarily be refused a license if he/she has a conviction. Any application received without a disclosure certificate will be refused.
Will there be a fee?
Application for a site licence £311.59
Application to renew a site licence £214.48
Application to vary a site licence £97.02
Application for a collector’s licence £238.77
Application to renew a collector’s licence £156.50
Application to vary a collector’s licence £80.84
The licence will last for a three year period.
What if my application is refused?
If the Council is minded to reject your application (or revoke or vary it) you will be notified of the reasons why. You will then be given the opportunity to make your representations to us, following at least 14 days from the date of the notification.
If you wish to make an oral representation the matter will be heard at a Council office. Any decision will then be given to you in the form of a notice.
There is a right of appeal to a magistrate’s court against the decision of the Council..
View the public register of Gwynedd scrap metal dealer licences
Further information is available on the Home Office web site https://www.gov.uk/government/organisations/home-office
For further information please contact the Pollution Team on 01766 771 000.