Scrap metal licensing policy

All enforcement against licensed and unlicensed operators will be carried out in accordance with the Council’s enforcement policy.

Officers will seek to assist businesses and others in meeting their legal obligations through provision of reasonable assistance and advice, aiming to be clear, open and helpful in their approach to enforcement. However, officers will take robust action against those who knowingly contravene the law or act irresponsibly.

Enforcement may be carried out in conjunction with other agencies or Council departments such as Thames Valley Police, British Transport Police, Environment Agency, Planning Department or Trading Standards. Where appropriate, officers from neighbouring authorities may also be authorised to carry out enforcement within the Buckinghamshire Council area and officers from the Council’s Licensing Service may be likewise authorised in other areas.

Any enforcement action carried out will be proportionate and reasonable and will aim to treat all licensees fairly and consistently.

Officers will take a risk-based approach to compliance checks, based on how well a scrap metal dealer demonstrates that they are meeting the requirements of their licence.

Following the grant of a licence, the Council will carry out compliance checks which may consist of an unannounced site visit or request to view records. If the licence holder is found to be compliant and officers have no concerns, they will aim to carry out further checks once more within the three-year period of the licence.

However, if initial compliance checks identify issues of concern, the licence holder will be given an action plan and clear advice on how to improve. In these circumstances the licence holder will be subject to annual compliance checks to ensure issues are addressed and advice is adhered to.

If compliance checks identify significant concerns – such as having stolen metal on site, not displaying a licence, disregarding advice, a licence holder will be considered high risk and appropriate enforcement action will be considered.

All records should be made available for inspection by an authorised officer at any reasonable time.

The Council expects records kept in accordance with the SMDA to be capable of being produced in the English language either on paper or electronically. Where a required record is not made in the English language, the licence holder may retain it in that alternate language. However, the licence holder will be expected to be able to provide a translation on request of a constable or authorised council officer.

Licensed collectors are encouraged to notify the Council of any change of vehicle(s) so that the Council can issue new identification plates or discs in respect of the new vehicle(s). The licence holder will be expected to return identification plates or discs to the Council for vehicles no longer used by the collector.

Interviews, whether informal or carried out under caution will normally be recorded to ensure an accurate record of the interview is kept.

Complaints received and warnings issued in relation to licence holders will generally be held on file and taken into consideration during the period of any licence or application or where there is a break in licence history.

Where applicants are known to have operated, resided or been licensed by another local authority, officers may request details of any licence and compliance history to be taken into consideration as part of the application process.

Section 6 of the SMDA requires the Council to supply any information they hold about a licence holder, relating to a scrap metal licence, to any other local authority in England and Wales, the Environment Agency, the Natural Resources Body for Wales and to Police Forces.

Officers may share information with other agencies or Council departments to assist with determining applications, ensuring compliance and identifying unlicensed scrap metal dealers.

Applicants and licence holders are advised to consult the Government guidance which clearly sets out requirements for:

• record keeping – the SMDA requires scrap metal dealers to keep records of metal received and disposed of as well as details of the person it was received from, documents used to verify the name and address of the supplier and the payment. Records must be recorded in a manner which allows the information and scrap metal to be easily identified by reference to each other and must be kept for three years. The records should contain sufficient identification detail to ensure there is no intention to obscure the identity and type of metal being processed.
• verifying a person’s identification prior to receiving scrap metal from them - Scrap metal dealers, including collectors, must not receive scrap metal from a person without verifying their full name and address by reference to documents or other information which are set out in The Scrap Metal Dealers Act (Prescribed Documents and Information for Verification of Name and Address) Regulations 2013 at: http://www.legislation.gov.uk/uksi/2013/2276/contents/made. Where a collector is picking up scrap metal that has been left on the roadside and is therefore unable to verify the suppliers name and address, they must record the description of the metal, including its type (or types if mixed), form, condition, weight and any marks identifying previous owners or other distinguishing features and the date and time of its receipt
• acceptable payment methods – cash cannot be used by any scrap metal dealer to buy scrap metal. Only payment by a non-transferable cheque or an electronic transfer of funds will be acceptable. This will mean that the payment will be linked to a readily identifiable account, for both the payee and the payer.
• guidance for motor salvage operators – this sets out the conditions under which a vehicle may be considered scrap metal as opposed to a viable vehicle which can be paid for with cash. There needs to be a genuine potential for repair and re-sale in order for cash to be used to purchase a vehicle. If a certificate of destruction is issued, the car is considered to be scrap and a buyer must not pay cash for it.

View the supplementary guidance in full.

If the Council is satisfied that a premises is being used by a scrap metal dealer in the course of their business without there being an appropriate site licence in place, they may issue a closure notice. Provisions are made for this in schedule 2 of the SMDA which can be viewed here: https://www.legislation.gov.uk/ukpga/2013/10/schedule/2/enacted

A Closure Notice may be cancelled by a Cancellation Notice issued by the licensing authority. This would take effect when given to any person who is in receipt of a Closure Notice.

Following the service of a closure notice, if the premises continues to be used as part of the business or there is reasonable likelihood that it will be in the future, the Council may apply for the magistrates to make a Closure Order requiring the premises to be closed immediately and remain closed or for the use of the premises to be discontinued immediately.

Closure orders can be terminated by a certificate made by the Council where they are satisfied that the order is no longer needed. Anyone who has been given a closure order can make a complaint to a justice of the peace for an order to discharge the closure order. The court must be satisfied there is no longer a need for the closure order in order to make a discharge order.

Further guidance on closure notices and orders can be found in thesupplementary guidance.

As set out in the SMDA and Government guidance, appeals against a decision to refuse or impose conditions on an application can be made to the magistrates’ court. The applicant has 21 days from the day on which they were given notice of the decision in which to appeal. The magistrates court then has the power to confirm, vary or reverse the Council’s decision and issue any directions it considers appropriate having regard to the Act.

Appeals relating to Closure Notices, Closure Orders or discharge orders must be made to the Crown Court within 21 days of receipt of the notice or order.