Scrap Metal Dealers Act 2013
The recent growth of metal theft has had a significant impact on communities, businesses and local authorities alike. Such thefts have seen communications and the train networks disrupted, historic buildings, churches etc. desecrated, and people's safety put at risk with inspection covers, drainage covers and road signage being stolen. The Scrap Metal Dealers Act 2013 has been created to help prevent some of the issues surrounding the sale, collection, storage and disposal of scrap metal. This Act repeals the Scrap Metal Dealers Act 1964 and Part 1 of the Vehicles (Crime) Act 2001, creating a revised regulatory regime for the scrap metal recycling and vehicle dismantling industries. The Scrap Metal Dealers Act 2013 applies in England and Wales and was commenced on 1 October 2013.
The Council has produced a useful Frequently Asked Questions document for the Scrap Metal Dealers Act 2013.
The new Act places the requirement on all scrap dealers to obtain a new licence to operate as a scrap metal dealer, either a licence for operating from a site, therefore requiring a site licence, or as a mobile collector requiring a Collector's Licence.
What is a Site Licence?
A site licence is required for all sites at which the licensee carries on a business as a scrap metal dealer within the authority area. It also requires a site manager to be named for each site. They will be permitted to operate from those sites as a scrap metal dealer, including transporting scrap metal to and from those sites from any local authority area.
Please see our Public Register for a list of Site Licence holders in Erewash.
What is a Collector's Licence?
A collector's licence authorises the licensee to operate as a mobile collector in the area of the issuing local authority, permitting them to collect any scrap metal as appropriate. This includes commercial as well as domestic scrap metal. A collector's licence does not permit the collector to collect from any other local authority area (a separate licence should be obtained from each local authority area from which the individual wishes to collect or sell scrap metal). A collector's licence does not authorise the licensee to carry on a business at a site within any area. Should a collector wish to use a fixed site, they would need to obtain a site licence from the local authority. See the map of Erewash to see where a collector may operate in this local authority area.
Please see our Public Register for a list of Collector's Licence holders in Erewash.
Do I need a licence to transport scrap metal?
If you transport scrap metal you will most likely require a Waste Carriers Licence from the Environment Agency.
The following businesses will be included in the new regulatory regime:
Scrap metal dealers (who operate from a site in the Borough)
Mobile collectors (who do not operate from a site but collect in the Borough)
Motor salvage operators (who operate from a site in the Borough), and
All other businesses who buy or sell scrap metal 'in the course of their business – this does not include businesses who buy or sell scrap as the occasional result of their primary business (e.g. pawnbrokers).
Scrap Metal Licence Fees
Site Licence (for a three year period) - £295.00
Collector's Licence (for a three year period) - £85.00
Change of detail (change of name or address or change of site address) - £30.00
Change of Site Manager for a Site Licence - £30.00
To change a licence from a collector to a site or from a site to a collector.
The Application Process
1) Download and complete the application form or apply online below
Please see ‘Help with completing your application for a scrap metal dealer’s licence’ guidance.
2) As part of the application process all applicants are asked to provide a Basic Disclosure Certificate so an individual’s suitability can be assessed. Please complete and send off a ‘Disclosure Scotland’ application from. When it is returned to you please submit the certificate you receive back with your application form to the Council. Alternatively you can apply online at www.disclosurescotland.co.uk. For application purposes these certificates will remain valid for 3 months.
3) Enclose the correct fee with the application
4) In summary: send back to the Council:
- The completed application form
- The basic disclosure certificate from Disclosure Scotland
- The correct fee for either a Site licence or Collectors’ licence
5) Please be aware that as a scrap metal dealer you must in most cases be registered as a Waste Carrier with the Environment Agency. See their guidance on registration and your responsibilities as a waste carrier.
Other Application Forms
Application for a change of detail (change of name or address or change of site address)
Application to vary a site licence in respect of the Site Manager
Application to vary a licence from a site/collector licence to a site /collectors licence
Please contact the licensing section if you have any further queries regarding this new legislation.
A scrap metal dealer shall be classed as carrying on a business in the local authority area if any of the following apply:
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
Carries on business as a motor salvage operator (in so far as that does not fall within the definition above).
Applicants must provide the following:
The full name, date of birth and usual place of residence of an individual applicant (including mobile collectors), anyone proposed as a site manager for a site, and every partner where a partnership is applying for a licence.
The company name, registered number and registered office address where it is the applicant.
Any propose trading name for the business.
The telephone number and email address (if any) of the applicant.
Where it is a site licence, the address of each proposed site to be included in the licence.
The address of any site in another Council area where the applicant already carries on a business or proposes to do so.
Details of any relevant environmental permit or registration held by the applicant.
Details of any other scrap metal licences issued to the applicant within the last three years before making the application.
Details of bank account(s) to be used for cashless transactions where a licensee operates multiple sites different bank accounts may be used.
Details of any relevant conviction or enforcement action that relates to the applicant.
The registered dealer must notify Erewash Borough Council of any changes to these details or if they cease to be a scrap metal dealer.
Will Tacit Consent Apply?
No. It is in the public interest that the authority process your application before it can be granted. If you have not heard from the local authority within a reasonable period, please contact us. You can do this online if you applied through the UK Welcomes Service or use the contact details below.
Tell us about about any variation to your licence.
Failed Application Redress
Please contact the Local Authority in the first instance.
Any applicant who is refused a licence, or the the renewal of a licence, or the licence is revoked, can appeal to a local Magistrates court.
Licence Holder Redress
Please contact us in the first instance.
A licence holder who wishes to appeal against a condition can appeal to a local Magistrates court.
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 a letter (with proof of delivery). If that has not worked, if you are located in the UK, Consumer Direct will give you advice. From outside the UK contact the UK European Consumer Centre.
Equal Opportunities Monitoring
Erewash Borough Council is actively committed to treating all customers with dignity and respect regardless of race, gender, disability, age, sexual orientation, religion or belief. We would like to know who our customers are to check that everyone in the Borough is accessing the services they are entitled to and that no-one is is discriminated against unlawfully. Please take a short time to download and complete the Equal Opportunities Monitoring Form. All information will be treated as confidential and all questions are voluntary. This will help us to ensure that our services are fair and accessible to all. Please return the completed form to firstname.lastname@example.org.
If you require any further information or guidance regarding a scrap metal licence please contact the Licensing Department using the contact details below:
Licensing Office, Civic Centre, Derby Road
Long Eaton, Derbyshire
Tel: 0115 907 2244 ext. 3124