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Agenda Item No. 5

 

 

THE VALE OF GLAMORGAN COUNCIL

 

LICENSING COMMITTEE: 10TH DECEMBER 2013

 

REFERENCE FROM CABINET: 2ND DECEMBER 2013.

 

 

C2111      SCRAP METAL DEALERS ACT 2013 (L) (SCRUTINY COMMITTEE – HOUSING AND PUBLIC PROTECTION) –

 

Approval was sought to agree the licence fees and delegations under the Scrap Metal Dealers Act 2013.

 

The Scrap Metal Dealers Act 2013 replaced the previous registration system for scrap metal dealers created by the 1964 Scrap Metal Dealers Act.

Every scrap metal dealer would be required to have a licence, and operating without one would be a criminal offence.  Under the new legislation the definition of scrap metal dealers was extended so it now included motor salvage operators.

 

There were two types of licences specified in the Act:

 

Site Licence - All the sites where a licensee carried on business as a scrap metal dealer had to be identified, and a site manager had to be named for each site.  The licence allowed the licensee to transport scrap metal to and from those sites from any local authority area.

 

Collector’s Licence - Allowed the licensee to operate as a collector in the area of the issuing local authority. It did not allow the collector to operate in any other local authority area, so a separate licence had to be obtained from each Council the collector wished to operate in.  The licence also did not authorise the licensee to operate a site. 

 

Any application received by the Authority must be accompanied by a fee.  The fee was to be set locally by each local authority on a cost recovery basis.

 

Local authorities would have regard to guidance issued by the Secretary of State.  Having regard to the guidance issued it was proposed that the fees the Vale of Glamorgan Authority should charge were as follows:

 

 

New

Renewal

Variations

Site Licence

£277

£261

£48

Collectors Licence

£228

£201

£48

 

The fees had been calculated by estimating the time taken to carry out the functions associated with the new licensing regime (but not including any element of enforcement of the same function) and multiplying it by the unit costs provided by accountancy of the officer(s) carrying out the function.  The fees would be reviewed every year to ensure that they were calculated in accordance with the guidance.

 

Appropriate competent officers of the Authority would now need to be authorised to enforce the new procedure in accordance with the Council's statutory obligation.

 

This was a matter for Executive decision.

 

RESOLVED –

 

(1)       T H A T the Director of Development Services and Head of Public Protection be given delegated authority to authorise relevant competent officers to implement the relevant powers within the Scrap Metal Dealers Act 2013.

 

(2)       T H A T in cases where authorised officers consider refusal, revocation or variation of a licence and where representations were to be made, they be referred to the Licensing Committee for decision and the terms of reference of the Licensing Committee be amended accordingly.

 

(3)       T H A T the fees set for 2013/14 as outlined in paragraph 17 of the report be agreed.

 

(4)       T H A T the report be referred to Council requesting that the constitution be amended in line with recommendations 1 and 2.

 

(5)       T H A T the report be referred to Licensing Committee for information.

 

Reasons for decisions

 

(1)       To ensure that delegated authorities were in place for the grant, renewal and variation of the licences.

 

(2)       To ensure any representations were considered at an appropriate level.

 

(3)       To ensure reasonable fees were set.

 

(4)       To enable appropriate delegated authorities to be put in place through the Council’s Constitution.

 

(5)       To apprise the members of the Licensing Committee on the commencement of the new Scrap Metal Dealers Act 2013.

 

 

 

Attached as Appendix – Report to Cabinet – 2nd December, 2013