Top

Top

Scrap Metal Dealers

A person carries on business as a scrap metal dealer if the person—

(a) carries on a business which consists wholly or partly in buying or selling scrap metal, whether or not the metal is sold in the form in which it was bought, or

(b) carries on business as a motor salvage operator (so far as that does not fall within paragraph (a)).

 

Vale-of-Glamorgan-Council-logo

Department: 

Licensing Team, Vale of Glamorgan Council, Civic Office, Holton Road, Barry, CF63 4RU

 

Application Process 

An application for a site or collector's licence can be made by an individual, company or partnership and must be submitted on the relevant council application form. 

 

Scrap Metal Collector

To make application you must produce:

  • Completed relevant application form
  • Relevant fee
  • Basic Disclosure not more than 3 months old
  • Relevant Environment Permit (National Resource Wales will be able to assist)
  • 2 passport photographs
  • Photographic proof of identity (e.g. passport, driving licence)
  • Proof of name and home address not more than 3 months old (e.g. utility bill)

 

The above identity documents and disclosure will need to be produced for every person named within the application e.g. partners, directors, company secretaries.

 

Once all of the required documents have been received a 14 day consultation starting on the day after the Licensing Authority received it with Police, Planning and trading Standards will take place.

 

Please note that if you are granted a Collector’s licence, this will only allow you to collect Scrap Metal (including vehicles) within the Vale of Glamorgan area.

 

If you wish to collect in any other Local Authority a separate licence will be required for each area. All granted licences will be valid for three years.

  

Scrap Metal Site

To make application the following must be produced:

  • Completed relevant application form
  • Relevant fee
  • Relevant Environment Permit (see National Resource Wales for requirements)
  • Basic Disclosure not more than 3 months old for each person named in the application (e.g. directors, secretary, site manager)
  • Photographic proof of identity (e.g. passport, driving licence) for each person named in the application (e.g. directors, secretary, site manager)

Once all of the required documents have been received a 14 day consultation starting on the day after the Licensing Authority received it with Police, Planning and Trading Standards will take place. On completion of processing Vale of Glamorgan Council will provide individuals with a registration certificate valid for three years.

 

Changing an existing registration

The Council must be notified within 28 days of any alterations to a registered person's or business' particulars, or if the business ceases to operate.

 

Tacit Consent

No.  It is in the public interest that the authority must process your application before it can be granted. If you have not heard from the local authority within a reasonable period, please contact us.

 

The target completion period is 30 calendar days.

 

Background and Eligibility Criteria

Anyone wishing to carry on a business as a scrap metal dealer requires a licence.

 

Scrap metal includes:

  • any old, waste or discarded metal or metallic material
  • any product, article or assembly which is made from or contains metal and is broken, worn out or regarded by its last holder as having reached the end of its useful life.
  • It does not include:
  • gold, silver and any alloy of which 2% or more by weight is attributable to gold or silver.

 

Site Licence - This is where the scrap metal business is operated from one or more sites in the local authority area. The licence allows the licensee to buy and sell scrap metal and to transport scrap metal to and from those sites from any local authority area.

 

Collector's Licence - This is where the scrap metal operator collects scrap metal in the local authority area. A separate licence must be obtained from each council the collector wishes to operate in.

A scrap metal dealer is only permitted to hold one type of licence in any one local authority area.

A scrap metal dealer must not receive scrap metal from a person without verifying that person's full name and address and must not pay cash for any scrap metal he purchases. The scrap metal dealer must keep copies of any documents used to verify the identity of the seller. 

 

The dealer is required to record specific information regarding the sale or purchase of any scrap metal.

 

Conditions 

The Scrap Metal Dealers Act 2013 has a number of requirements for a licence holder whether for Site Licence or Collector Licence must adhere to. The below outlines a number of these including information that must be held and documents that must be produced.

Licence holders must also ensure they DO NOT use a loud hailer when plying for business

 

Fees

Site Licence

Grant - £355.00
Renewal - £355.00
Variation - £177.00
Copy of licence - £14.50

 

Collector Licence

Grant - £175.00
Renewal - £159.00
Variation - £177.00
Copy of licence - £14.50

 

Any costs associated with the Scottish Disclosure, National Resource Wales permit and photographs are not included in the Vale of Glamorgan fees.

 

Only existing licence holders can apply for a copy of their current licence where it may have been lost, stolen or damaged.

 

Supplementary Information 

  •  Verifying Identity of Customer

    A scrap metal dealer must not receive scrap metal from a person without verifying the person’s full name and address.

     

    In order to verify a person’s name and address, it will be sufficient for the scrap metal dealer to refer to either–

    (a) a document listed in paragraph (2) which bears the person’s full name, photograph and residential address; or

    (b) both of–

    (i) a document listed in paragraph (2) which bears the person’s full name, photograph and date of birth, and

    (ii) a supporting document listed in paragraph (3) which bears the person’s full name and residential address.

     

    (2) The documents which apply for the purposes of regulation 2(1)(a) or (b)(i) are as follows:

    (a) a valid United Kingdom passport, within the meaning of section 33(1) of the Immigration Act 1971(b); or

    (b) a valid passport issued by an EEA state; or

    (c) a valid Great Britain or Northern Ireland photo-card driving licence; or

    (d) a valid UK biometric immigration document, issued in accordance with regulations made under section 5 of the UK Borders Act 2007(a).

     

    (3) The documents which apply for the purposes of regulation 2(1)(b)(ii) are–

    (a) a bank or building society statement;

    (b) a credit or debit card statement;

    (c) a council tax demand letter or statement; or

    (d) a utility bill, but not a mobile telephone bill

    provided that the date on which the document in question was issued is not more than three months before the date when the scrap metal is received by the scrap metal dealer.

  •  Records: disposal of metal

    (1) This section applies if a scrap metal dealer disposes of any scrap metal in the course of the dealer's business.

     

    (2) For these purposes metal is disposed of—

    (a) whether or not it is in the same form in which it was received;

    (b) whether or not the disposal is to another person;

    (c) whether or not the metal is despatched from a site.

     

    (3) Where the disposal is in the course of business under a collector's licence, the dealer must record the following information—

    (a) the date and time of the disposal;

    (b) if the disposal is to another person, the full name and address of that person.

  •  Records: receipt of metal

    (1) This section applies if a scrap metal dealer receives any scrap metal in the course of the dealer's business.

     

    (2) The dealer must record the following information—

    (a) 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;

    (b) the date and time of its receipt;

    (c) if the metal is delivered in or on a vehicle, the registration mark (within the meaning of section 23 of the Vehicle Excise and Registration Act 1994) of the vehicle;

    (d) if the metal is received from a person, the full name and address of that person;

    (e) if the dealer pays for the metal, the full name of the person who makes the payment acting for the dealer.

     

    (3) If the dealer receives the metal from a person, the dealer must keep a copy of any document which the dealer uses to verify the name or address of that person.

     

    (4) If the dealer pays for the metal by cheque, the dealer must keep a copy of the cheque.

     

    (5) If the dealer pays for the metal by electronic transfer—

    (a) the dealer must keep the receipt identifying the transfer, or

    (b) if no receipt identifying the transfer was obtained, the dealer must record particulars identifying the transfer.

  •  Records: supplementary

    (1)The information mentioned above must be recorded in a manner which allows the information and the scrap metal to which it relates to be readily identified by reference to each other.

     

    (2)The dealer must keep the information and other records mentioned above for a period of 3 years beginning with the day on which the metal is received or (as the case may be) disposed of.

  •  Payment for Scrap Metal

    A scrap metal dealer must not pay for scrap metal except by a cheque which is not transferable or by an electronic transfer of funds. Paying includes paying in kind (with goods or services).

 

 

Offences and Penalties

  •  Requirements, Offences and Penalties
    You are not permitted to use a loud hailer during the course of your business.

     

    Requirement for licence to carry on business as scrap metal dealer

    (1) No person may carry on business as a scrap metal dealer unless authorised by a licence under this Act (a “scrap metal licence”).

     

    (2) See section 21 for the meaning of “carry on business as a scrap metal dealer”.

     

    (3) A person who carries on business as a scrap metal dealer in breach of subsection (1) is guilty of an offence and is liable on summary conviction to a fine not exceeding level 5 on the standard scale.

     

    Notification requirements

    (1) An applicant for a scrap metal licence, or for the renewal or variation of a licence, must notify the authority to which the application was made of any changes which materially affect the accuracy of the information which the

    applicant has provided in connection with the application.

     

    (2) A licensee who is not carrying on business as a scrap metal dealer in the area of the authority which issued the licence must notify the authority of that fact.

     

    (3) Notification under subsection (2) must be given within 28 days of the beginning of the period in which the licensee is not carrying on business in that area while licensed.

     

    (4) If a licensee carries on business under a trading name, the licensee must notify the authority which issued the licence of any change to that name.

     

    (5) Notification under subsection (4) must be given within 28 days of the change occurring.

     

    (6) An authority must notify the relevant environment body of—

    (a) any notification given to the authority under subsection (2) or (4),

    (b) any variation made by the authority under paragraph 3 of Schedule 1 (variation of type of licence or matters set out in licence), and

    (c) any revocation by the authority of a licence.

     

    (7) Notification under subsection (6) must be given within 28 days of the notification, variation or revocation in question.

     

    (8) Where an authority notifies the relevant environment body under subsection (6), the body must amend the register under section 7 accordingly.

     

    (9) An applicant or licensee who fails to comply with this section is guilty of an offence and is liable on summary conviction to a fine not exceeding level 3 on the standard scale.

     

    10 Display of licence

    (1) A scrap metal dealer who holds a site licence must display a copy of the licence at each site identified in the licence.

     

    (2) The copy must be displayed in a prominent place in an area accessible to the public.

     

    (3) A scrap metal dealer who holds a collector’s licence must display a copy of the licence on any vehicle that is being used in the course of the dealer’s business.

     

    (4) The copy must be displayed in a manner which enables it easily to be read by a person outside the vehicle.

     

    (5) A scrap metal dealer who fails to comply with this section is guilty of an offence and is liable on summary conviction to a fine not exceeding level 3 on the standard scale.

     

    11 Verification of supplier’s identity

    (1) A scrap metal dealer must not receive scrap metal from a person without verifying the person’s full name and address.

     

    (2) That verification must be by reference to documents, data or other information obtained from a reliable and independent source.

     

    (3) The Secretary of State may prescribe in regulations—

    (a) documents, data or other information which are sufficient for the purpose of subsection (2);

    (b) documents, data or other information which are not sufficient for that purpose.

     

    (4) If a scrap metal dealer receives scrap metal in breach of subsection (1), each of the following is guilty of an offence—

    (a) the scrap metal dealer;

    (b) if the metal is received at a site, the site manager;

    (c) any person who, under arrangements made by a person within paragraph (a) or (b), has responsibility for verifying the name and address.

     

    (5) It is a defence for a person within subsection (4)(a) or (b) who is charged with an offence under subsection (4) to prove that the person—

    (a) made arrangements to ensure that the metal was not received in breach of subsection (1), and

    (b) took all reasonable steps to ensure that those arrangements were complied with.

     

    (6) A person guilty of an offence under subsection (4) is liable on summary conviction to a fine not exceeding level 3 on the standard scale.

     

    (7) A person who, on delivering scrap metal to a scrap metal dealer, gives a false name or false address is guilty of an offence and is liable on summary conviction to a fine not exceeding level 3 on the standard scale.

     

    12 Offence of buying scrap metal for cash etc

    (1) A scrap metal dealer must not pay for scrap metal except—

    (a) by a cheque which under section 81A of the Bills of Exchange Act 1882 is not transferable, or

    (b) by an electronic transfer of funds (authorised by credit or debit card or otherwise).

     

    (2) The Secretary of State may by order amend subsection (1) to permit other methods of payment.

     

    (3) In this section paying includes paying in kind (with goods or services).

     

    (4) If a scrap metal dealer pays for scrap metal in breach of subsection (1), each of the following is guilty of an offence—

    (a) the scrap metal dealer;

    (b) if the payment is made at a site, the site manager;

    (c) any person who makes the payment acting for the dealer.

     

    (5) It is a defence for a person within subsection (4)(a) or (b) who is charged with an offence under this section to prove that the person—

    (a) made arrangements to ensure that the payment was not made in breach of subsection (1), and

    (b) took all reasonable steps to ensure that those arrangements were complied with.

     

    (6) A person guilty of an offence under this section is liable on summary conviction to a fine not exceeding level 5 on the standard scale.

     

    15 Records

    (4) If a scrap metal dealer fails to fulfil a requirement under section 13 or 14 or this section, each of the following is guilty of an offence—

    (a) the scrap metal dealer;

    (b) if the metal is received at or (as the case may be) despatched from a site, the site manager;

    (c) any person who, under arrangements made by a person within paragraph (a) or (b), has responsibility for fulfilling the requirement.

     

    (5) It is a defence for a person within subsection (4)(a) or (b) who is charged with an offence under this section to prove that the person—

    (a) made arrangements to ensure that the requirement was fulfilled, and

    (b) took all reasonable steps to ensure that those arrangements were complied with.

     

    (6) A person guilty of an offence under this section is liable on summary conviction to a fine not exceeding level 5 on the standard scale.

     

    16 Right to enter and inspect

    (13) A person who—

    (a) obstructs the exercise of a right of entry or inspection under this section, or

    (b) fails to produce a record required to be produced under this section, is guilty of an offence and is liable on summary conviction to a fine not exceeding level 3 on the standard scale.

     

    17 Offences by bodies corporate

    (1)Where an offence under this Act is committed by a body corporate and is proved—

    (a)to have been committed with the consent or connivance of a director, manager, secretary or other similar officer, or

    (b)to be attributable to any neglect on the part of any such individual, the individual as well as the body corporate is guilty of the offence and is liable to be proceeded against and punished accordingly.

     

    (2)Where the affairs of a body corporate are managed by its members, subsection (1) applies in relation to the acts and omissions of a member in connection with that management as if the member were a director of the body corporate.

     

    Variation of licence

    (2) If there is a change in any of the matters mentioned in section 2(4)(a), (c) or (d) or (6)(a), the licensee must make an application to vary the licence accordingly.

     

    (5) A licensee who fails to comply with sub-paragraph (2) is guilty of an offence and is liable on summary conviction to a fine not exceeding level 3 on the standard scale.

     

    Offence of making false statement

    5 An applicant who in an application or in response to a request under paragraph 4(1)—

    (a) makes a statement knowing it be false in a material particular, or

    (b) recklessly makes a statement which is false in a material particular, is guilty of an offence and is liable on summary conviction to a fine not exceeding level 3 on the standard scale.

     

    Enforcement of closure order

    Sch2 9 (1) A person is guilty of an offence if the person, without reasonable excuse,—

    (a) permits premises to be open in contravention of a closure order, or

    (b) otherwise fails to comply with, or does an act in contravention of, a closure order

     

    (5) A person who intentionally obstructs a constable or an authorised person in the exercise of powers under this paragraph is guilty of an offence.

     

    (6) A person guilty of an offence under this paragraph is liable on summary conviction to a fine not exceeding level 5 on the standard scale.

 

 

Complaint and Other Redress

  •  Failed Application Redress

    Please contact the Licensing Team in the first instance:

     

    Tel:  01446 709105

    Email:  licensing@valeofglamorgan.gov.uk

     

    Any person aggrieved by a refusal to be granted a licence may appeal to the Magistrates Courts who may give such directions regarding the licence or its conditions as it thinks proper.

  •  Licence Holder Redress
    Please contact the Licensing Team in the first instance:

     

    Tel:  01446 709105

    Email:  licensing@valeofglamorgan.gov.uk

     

    Any person aggrieved by any conditions to which a licence is subject may appeal to the Magistrates Courts who may give such directions regarding the licence or its conditions as it thinks proper.

  •  Consumer Complaint
    We would always advise that in the event of a complaint the first contact is made with the trader by you, preferably in the form of a letter with proof of delivery. 

     

    If that has not worked and you are located in the UK Consumer Direct will be able to give you advice.    

     

    If you have a complaint from across Europe contact the UK European Consumer Centre.

 

 

 

Share on facebook Like us on Facebook