Agenda item

Purpose

The purpose of this report is to inform members of the introduction of a new licensing regime for the control of scrap metal dealers and motor salvage operators under the Scrap Metal Dealers Act 2013 ("The Act").  This new legislation replaces previous simple registration requirements for scrap metal dealers and motor salvage operators.

This report has been prepared for Licensing Committee, Cabinet and Council for consideration and approval of delegations as, due to legal difficulties in the implementation by central government, tight timescales have been set and until such time as changes are made to the Local Authorities (Functions and Responsibilities) Regulations 2000, this licensing function has yet to be deemed to be a function which is not the responsibility of an authority's executive.

RECOMMENDATIONS

Licensing Committee:

(i)           That the contents of the report are noted:

(ii)          That the Licensing Committee recommends to Cabinet to delegate to the Head of Health, Safety and Licensing:

·         The administration and enforcement of the function including the setting of fees;

·         The power to request further information of applicants (schedule 1, paragraph 4 of the Act);

·         To determine applications (including refusal), revoke licenses or to impose conditions under section 3(9) of the Act;

·         The power to issue or cancel a closure notice for unlicensed sites, and, where appropriate, to apple for closure orders (schedule 2 of the Act) and take such other action in this respect as may be required.

(iii)         That the Licensing Committee recommends to Council to delegate the function to the Licensing Committee as and when the power to do so comes into effect in accordance with The Local Authorities (Functions and Responsibilities) (England) Regulations.

A report by the Licensing Manager is attached.

The Licensing Manager introduced her report and in response to questions from members, clarified the following points:

·                     Many applications have already been received.

·                     Mobile collectors will be required to display a licence disc, similar to taxis.

·                     Hampshire Police leads on enforcement of scrap metal legislation.

·                     The Act sets out the checks the site trader must carry out when accepting metal.

·                     Mobile collectors require permits for each area in which they operate.

·                     Dealers could not have a site and a mobile licence in the same licensing area but could have a site licence with one authority and a mobile collectors licence with another.

·                     House clearers may not in certain circumstances require a licence if collection of scrap metal is not their primary business but each case will be judged on its own merits.

·                     Staff will be trained on their new powers to enter and inspect sites and will use a risk-based approach to visits.

·                     Licensing Authorities are bound by the Local Government Agency's recommendations that arose from the Hemming v Westminster case: councils should ensure that the fees do not reflect costs of addressing unlicensed business activity; are based on costs and are transparent.

·                     The committee could ask for a report in six months' time to assess officer time spent on this.

Councillor Les Stevens informed the committee that when a householder gives their scrap metal to a collector, they must check that it is disposed of appropriately.  If it is dumped, the householder could be fined as well as the collector.

Members expressed concern that the fees are not sufficient to cover the costs of inspecting all scrap metal sites.  These would include administration, travel time and a minimum of half hour visits to each scrap metal site every quarter.

The Assistant City Solicitor reminded the committee that the fees must be reasonable and proportional and based on evidence.  The proposed fees are in line with other local authorities' fees.  If the fees were raised without a breakdown of costs, the council would be exposed to challenge.

Councillor Ellcome noted that companies must be treated equally.

Councillor Lee Mason expressed concern regarding delegating powers to an officer. 

Councillor Les Stevens informed members that he would be prepared to make a deputation to the Cabinet to raise their concerns.

RESOLVED that:

1.            The contents of the report be noted.

2.            The Licensing Committee recommended that the Cabinet delegate to the Head of Health, Safety and Licensing:

·                     The administration and enforcement of the function including the setting of fees.

·                     The power to request further information of applicants (schedule 1, paragraph 4 of the Act).

·                     To determine applications (including refusal), revoke licences or to impose conditions under section 3(8) of the Act.

·                     The power to issue or cancel a closure notice for unlicensed sites, and, where appropriate, to apply for closure orders (schedule 2 of the Act) and take such other action in this respect as may be required.

3.            The Licensing Committee recommended that Council delegate the function to the Licensing Committee as and when the power to do so comes in effect in accordance with The Local Authorities (Functions and Responsibilities) (England) Regulations.

4.            The Licensing Manager will include an addendum to the report that will be considered by the Cabinet in accordance with the Licensing Committee's instructions to show a full breakdown of the cost of quarterly inspections of sites and collectors in terms of officers' time and wages.

5.            The Chair of the Licensing Committee will make a deputation on behalf of the committee to outline its concerns regarding the proposed fees.