Scrap metal licensing policy

New applicants are advised to contact the Council’s Commercial Licensing Team prior to making their application. This allows the officers to provide advice, as well as clarifying any areas of uncertainty. The team can be contacted on [email protected]

Applicants are advised to ensure that other legal requirements are in place. Scrap Metal Dealers may require planning permission to operate from a site and are required to have permits or exemptions from the Environment Agency to operate a scrap metal site under the Environmental Protection Act.

Those applying to renew their licence are advised to do so in a timely manner. Provided that a valid application is received prior to the expiry date of the licence, the licence holder may continue to trade until their application has been determined.

Where a renewal application is received after the expiry date of the previous licence, save in exceptional circumstances, it will be treated as a new application.

For both types of licence, applications must be made on the Council’s prescribed application forms which are published on the Council’s website.

Applicants are encouraged to submit applications, including accompanying documents, electronically by email to the licensing team at [email protected] or by online forms where these are available. The Council will also accept applications via post to:

Licensing Services,
The Gateway,
Gatehouse Road,
Aylesbury,
Bucks,
HP19 8FF

Applicants will also be asked to provide the necessary supporting paperwork that they are required to have as set out in legislation and guidance relevant to the type of licence they have applied for. This will include details of bank accounts that are used.

An application will not be considered valid until a completed application form has been received along with the correct application fee.

Applicants, including directors, shadow directors and company secretaries and any person listed on the application form including site manager(s) need to provide a Basic Disclosure Certificate no more than 1 month old at the time of application to assist in assessing their suitability.

All applicants will be required to provide photographic proof of identity and proof of current address. Applicants will also be required to declare any convictions not showing on their criminal record check (e.g. those obtained whilst outside the UK) as well as any pending matters of investigation. The Council may also require other information in addition where it is considered relevant.

In appropriate cases a site plan and layout of sufficient detail will also be required as part of an application.

From 4 April 2022 applicants renewing a licence must complete a tax check to confirm they are registered for tax, before applying to renew a site licence or a mobile collector’s licence. An individual, company or partnership must complete a tax check when:

• renewing a licence
• applying for the same type of licence you previously held, that ceased to be valid less than a year ago
• applying for the same type of licence you already hold with another licensing authority (for example, a mobile collector’s licence)

Applicants who are applying for a licence for the first time, or who have already held a licence but that has not been valid for a year or more will not need to complete a tax check and should instead follow the ‘confirm your tax responsibilities’ guidance.

The processes for completing tax checks and confirmation of tax responsibilities are set out in the Government guidance.

Licence holders must make an application to the Council for the variation of the licence in the event of any changes to the licensee’s name and/or, if the licence is a site licence, the sites in the Council’s area at which the licensee is authorised to carry on business, or the name of the site manager of any site.

Failure to apply for such a variation is an offence, and if convicted, the licensee may receive a fine not exceeding £1,000 (level 3 on the standard scale).

The SMDA is clear that the licensing authority has to be satisfied that an applicant is a suitable person to carry on business as a scrap metal dealer. In considering suitability, the local authority may have regards to any relevant information.

Regulations issued under the SMDA set out a list of relevant offences and enforcement action, this can be viewed here:

https://www.legislation.gov.uk/uksi/2013/2258/made

The Council may take into consideration other offences if they are considered relevant. Factors when considering the applicants suitability can include but are not restricted to:

• The applicant or site manager has been convicted of a relevant offence, or subject to any relevant enforcement action.
• The applicant has previously been refused a scrap metal dealer’s licence, or an application to renew a licence has been refused.
• The applicant has previously been refused a relevant environmental permit or registration.
• They had previously held a scrap metal dealer’s licence that has been revoked.
• Previous compliance history.
• Failure to disclose or provide relevant information.
• An inability to understand legal obligations.
• An inability to keep records in a legible format.
• An applicant’s overall behaviour may also be considered relevant. The Council may request any other information that it deems necessary and reasonable to request.

Each application will be considered and determined on its own merits and on a case by case basis, having taken into consideration this Policy and any statutory requirements and other relevant information.

In accordance with the Council’s scheme of delegations, decisions relating to scrap metal licensing are made by authorised officers with sufficient training to make those decisions.

Officers may consider it necessary to interview an applicant prior to making a decision, depending on the information provided on the application. For example, this might be due to an applicant having criminal convictions which may be considered relevant to their application, or a history of poor compliance.

If officers are considering refusing an application, the applicant will first be notified in writing. The applicant will be invited to make a written representation for consideration before a final decision is made. Applicants will usually be offered a minimum of 14 days to make representation. Should an applicant not submit representation within the specified timeframe, the Council will determine the application based on the available information. Where a request is made for further time to make representations the length of time will be agreed with the officer. If the applicant fails to provide the representations within the additional period agreed the council may refuse the application.

A final decision will be provided to the applicant in writing, setting out reasons for the decision, details of the relevant appeal process and the date on which any revocation or variation, as appropriate will take effect.