Agenda item

Amendments to the Scheme of Delegation Scrap Metal Dealers Act 2013 Report ENV592 by the Head of Environmental Services.

(Enclosure)

Recommendation

The Constitution Committee recommends to Council that the scheme of delegation set out in appendix 2 to report ENV592 is adopted as an amendment to the Constitution subject to the amendments concerning appeals being heard by the Licensing Committee in appendix 2.

The Operations Director presented report ENV592 which detailed amendments required to the scheme of delegation following the implementation of the Scrap Metal Dealers Act 2013.  The act would come into force on 1st October and repealed and replaced the Scrap Metal Dealers Act 1964 and those parts of the Vehicle (Crime) Act 2001 that dealt with Motor Salvage Operators.

The Act revised the regulatory regimes for scrap metal dealing and vehicle dismantling and gave Local Authorities more powers including powers to refuse and revoke licences and enter and inspect premises. Anyone who wished to carry on a business as a scrap metal dealer would need to have a licence issued by the Local Authority which lasted for three years.  Unlicensed trading was a criminal offence.

Following the changes made in the new Act, Local Authorities (LA’s) had to make provision for the issue, administration and enforcement of scrap metal dealers licences.  This included provisions to deal with any contested applications as well as setting fees.

Currently there were 24 scrap metal premises or transient traders registered in the district.  The new act made selling scrap metal for cash an offence which from a crime and disorder perspective was a good move.

The new Act gave LA’s powers to investigate applicants more thoroughly and inspect premises.  These new powers needed to be reflected with new delegations which would come under the Operations Director delegations.  The fees and charges aspect was to be delegated to the Section 151 Officer and work was currently being undertaken to set these charges. More information would be known once secondary legislation was published. 

It was proposed to deal with appeals concerning licenses by way of the Licensing Committee in a similar way in which hackney carriage drivers were currently dealt with and the Head of Legal & Democratic Services asked that appendix 2 to the report be amended to reflect this.

Questions were asked about the Act specifically cross boundary trading at the north and south of the district and whether licenses were for people or sites, what happened with sub-contractors.  The Operations Director indicated that he would seek clarification on that point.  One of the key features of the Act was that a national register of licensed dealers would be compiled.  A question was then asked about appeals being heard by the Licensing Committee to which the Head of Legal & Democratic Services replied that it was a function of the Council which could be delegated to the Licensing Committee as with hackney carriage driver appeals. 

Secondary legislation was expected to outline the criteria for enforcement and enforcement costs would be applied for if a case went to court.

It was proposed, seconded and agreed subject to the changes outlined by the Head of Legal & Democratic Services that the proposed changes to delegations be recommended to Council.