Trading as a scrap metal dealer
Your licence
Information about your licence
How long does a licence last for?
A licence lasts for three years from the day it is issued.
Do I need to display my licence?
Yes.
If you have a site licence you must ensure that a copy is displayed in a prominent place in an area accessible to the public at each site identified in the licence.
If you have a collector’s licence you must ensure that a copy is displayed in any vehicle that is being used in the course of your business in a manner which enables it to be easily read by a person outside the vehicle.
Does my collector’s licence cover more than one local authority area?
No, if you want to collect in another local authority you must apply for a collector’s licence from each local authority in which you wish to operate.
Does my licence allow me to collect in other local authority areas?
Yes, but only if a site licence is held and the collections are undertaken in the course of that business.
If you hold a collector’s licence and collect door to door or street to street including public and private land, a licence is required for every local authority you collect in.
Can I hold a site and collector’s licence in the borough of Hinckley and Bosworth?
No, a dealer can only hold either a site licence or a collector’s licence in a local authority area, not both.
Does my licence allow me to have sites in other local authority areas?
A person may hold more than one licence issued by different local authorities but may not hold more than one licence issued by any one local authority.
Changes to your licence
What happens if my circumstances change once I have been granted a licence?
Under the Scrap Metal Dealers Act 2013 you are required to notify us of any changes which would materially affect the accuracy of the information you provided to us in the making of your original application, this has to be within 28 days of the changes occurring. You can therefore apply to vary your licence (there will be a fee charged for this).
The options for variation are as follows:
- Change of licensee’s details (name or address).
- Change from a site licence to a collector’s licence or vice versa.
- Changes to the sites licensed (adding, removing or changing details)
- Change of site managers
Can my licence be transferred?
A licence cannot be transferred from one person to another person. But a site licence can be transferred into a collector’s licence, and a collector’s licence can be transferred into a site licence.
Revoked or refused licences
How can a licence be revoked?
We, as the local authority, may revoke a scrap metal licence if:
- It is satisfied that the licensee does not carry on business at any of the sites identified in the licence
- It is satisfied that a site manager named in the licence does not act as site manager at any of the sites identified in the licence
- If it is no longer satisfied that the licensee is a suitable person to carry on business as a scrap metal dealer
We, the council, must give the licensee notice of the proposed decision. The licensee has 14 days in which to make representations. When the council has made a final decision, it provides a notice of the decision with reasons. The licensee has 21 days in which to appeal.
If the licensee or any site manager named in a licence is convicted of a relevant offence, the authority may vary the licence by adding one or both of the conditions described below.
If a person is convicted of a relevant offence they may be refused a licence by the local authority.
If a licence is likely to be refused, what is the procedure?
If we, as the local authority, propose to refuse an application, we will give the applicant notice of the proposed decision. The applicant has 14 days in which to make representations.
When our final decision is made we will provide a notice of the decision with reasons and advise the applicant how they can appeal our decision. The applicant has 21 days in which to appeal.
It is likely that police may be called if their provision of information has led to our decision to consider the refusal/revocation/variance of the licence.
If a licence is refused what is the appeals procedure?
If we refuse, revoke or vary a licence we must provide the applicant with notice of the decision including the reasons, their right to appeal and the timeframe for the appeal. The applicant can appeal to a Magistrates Court within 21 days from the day they received the notice. The Magistrates Court has the power to confirm, vary or reverse any decision made by a local authority.
Last updated: 05/06/2024 14:58
