The Assistant Director (Communities) advised the Committee that the Scrap Metal Dealers Act 2013 and the majority of its measures were to be implemented with effect from 1 October 2013.  Enforcement provisions within the Act will commence on 1 December 2013.  The Act repeals the Scrap Metal Dealers Act 1964 (currently administered by the Council) and Part 1 of the Vehicles (Crime) Act 2001 (currently administered by Kent County Council) and creates a revised regulatory regime for scrap metal recycling and vehicle dismantling industries in England and Wales.

Key Features of the Act include:-

·         Requirement for a Site Licence – for all sites where a licensee carries on a business as a scrap metal dealer.  This licence allows the licensee to transport scrap metal to and from those sites (yard) from any local authority area (there are currently only two sites known and working within the Borough);

·         Requirement for a Collector’s Licence – personal to the person applying for a licence and restricted to allow collection of scrap metal in the issuing local authority area only.  A separate licence has to be obtained for each local authority area in which the person operates (there are only five itinerant traders known and working within the Borough) ;

·         Local authorities having the power to refuse or revoke a licence – this would only be possible via a meeting of the Licensing Panel to consider such a route and would also be open to an appeals process;

·         Widening the definition of a scrap metal dealer to include motor salvage operators (there are only seven motor salvage operations known and working within the Borough);

·         The application of a fee for each type of licence – these fees would be set locally by each local authority on a cost recovery only basis.  The fees proposed to be imposed within Gravesham would be:-

·         Site Licence grant -  £475;

·         Site Licence renewal - £425;

·         Collectors licence, grant or renewal - £275;

·         Variation – collector to site licence - £200;

·         Variation – site to collectors licence - £60;

·         Variation - minor administrative, such as change of address - £30;

·         Change of site manager - £100.

Each licence covers a three year period.

Members noted that the Licensing Committee was being requested to consider recommendations that would, in some part, be subject to the approval of Council.  The Committee endorsed the level of the fees it was suggested be implemented from the commencement of the new regime on 1 October 2013.

Recommended to Council that

(1)        the powers and duties under the Scrap Metal Dealers Act 2013 be delegated to the Licensing Committee;

(2)        the scale of fees endorsed by Licensing Committee and as set out in the preamble to these Minutes be approved.

Resolved that

(3)        dependent on recommendation (1) above, the powers and duties under the Scrap Metal Dealers Act 2013 (including fee setting) be further delegated to the Assistant Director (Communities) effective from 1 October 2013, but that this delegation be limited as follows:-

a.             any application lodged under the Scrap Metal Dealers Act 2013 or any Regulations or Order made thereunder, will be submitted to the Licensing Committee for decision where it appears to the Assistant Director (Communities) appropriate for the applicant to have the opportunity of presenting his case orally;

b.         any case where the Assistant Director (Communities) has concluded that a licence or permit should be refused, or revoked, shall be submitted to the Licensing Committee for decision. All powers of prosecution and Court litigation are reserved to the Assistant Director (Governance and Law);

c.         any decision made by the Assistant Director (Communities) in relation to the setting of any fees under this Act must be in conjunction with the Assistant Director (Finance).