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Published Delegated Executive Decisions

Welcome. This system contains information about published delegated executive decisions, including exemptions.

Decision Number: 0117 2013/14

Executive Portfolio:
Environment and Neighbourhoods
Decision Number:
0117 2013/14
Exempt / Confidential Item:
No
Ward(s) Affected:
All Wards
Declarations of Interest Received:
None
Title:
Scrap Metal Dealers Act 2013 - Setting of fees
Summary of Decision:
To approve the fees to be charged for licences issued under the Scrap Metal Dealers Act 2103 (the Act)
Proposed Decision:
To approve the fees to be charged for licences issued under the Scrap Metal Dealers Act 2013 contained in Appendix A attached. The Act came into force on 1 October 2013. It brings together the current registration schemes for Scrap Metal Dealers and Motor Salvage Operators and replaces them with a single licensing regime. Under the registration schemes no fees were payable. Under the 2013 Act, in order for anyone to carry on business as a scrap metal dealer they have to have a licence. There will be a licence fees and the licences will last for three years. There are two types of licence specified in the Act: - Site licence All the sites where a licensee carries on business as a scrap metal dealer have to beidentified, and a site manager has to be named for each site. This licence allows the licensee to transport scrap metal to and from those sites within the local authority area. - Collector’s licence This allows the licensee to operate as a collector in the area of the issuing local authority. It does not allow the collector to operate in any other local authority area, so a separate licence has to be obtained from each council the collector wishes to operate in. Applicants and site managers will have to satisfy the licensing authority they are a ‘suitable person’ to carry on a business as a Scrap Metal Dealer. This includes a requirement for a Basic Disclosure Certificate and consultation with the Police and the Environment Agency. The Act introduces many new duties and powers, but in summary the Council will be responsible for: - Processing and determining applications made under the Act - Undertaking proactive and reactive work to ensure dealers comply with their responsibilities under the Act, - Undertaking reviews of licences via the variation or revocation process for noncompliance - Finding and closing unlicensed dealers (in conjunction with the Police) Scrap Metal Dealers licences do not replace other existing legislative requirements such as planning controls, environmental permitting or waste carrier licences. Licence fees: Section 5, Schedule 1, Paragraph 6 of the Scrap Metal Dealers Act 2013 requires an application to be accompanied by a fee set by the authority. In setting this fee the authority must have regard to guidance issued by the Home Office with the approval of the Treasury. This guidance has been published by the Home Office. Additionally fees must be compliant with the Provision of Services Regulations 2009 which allows fees to be set at no more than full cost recovery. The fee will be set locally on a full cost recovery basis and the guidance outlines the issues that should be considered when setting the fee and what activities the fee can cover. The following are examples of activities which can be included in the calculation of fees as part of full cost recovery: - The cost of providing advice and guidance to applicants on what will be a new process - All the activity required with processing and granting a licence such as considering applications and assessing the suitability of the applicant - Costs associated with consulting other agencies and bodies when considering if an applicant is a suitable person - Costs of issuing the licence - Costs of decision letters - Any officer time spent providing information for inclusion in the national register of dealers - Carrying out inspections and ensuring compliance with the law - Working with any partners in ensuring compliance - The costs of staff and resources associated with supporting the service - Support provided by other parts of the council to the Licensing and Land Charges Unit, such as legal services. Following recent case law and Home Office guidance fees cannot be used to pay for: - Enforcement action against unlicensed dealers. - Costs associated with appeals and the costs of defending an appeal - Costs associated with defending a Judicial Review. As this is a new system the proposed fees have been based on best estimates of the work and time required. The fees will be reviewed to ensure that income balances costs over a 3 year period. Based on the Home Office and Local Government Association guidance the proposed fees for licences issued under the Scrap Metal Dealers Act 2013 are contained in Appendix B. The fees contained in Appendix A reflect the estimates for the costs of processing these applications. Additional information: Local authorities are recommended to complete suitability checks by 1 December 2013 and issue licences. Representations: If the authority proposes to refuse an application it must give the applicant a notice which sets out what the authority proposes to do and the reasons for it. The notice must state that within a specified period (not less than 14 days) the applicant may either: a) make representations about the proposal, or b) inform the authority that he wishes to do so. If the applicant does neither of the above within the specified period, or has informed the authority that he does not wish to make representations, the authority may refuse the application. If the applicant informs the authority that they wish to make oral representations, the authority must give them the opportunity of appearing before, and being heard by a person appointed by the authority. At a meeting of Cabinet on 23 October 2013, Angela Sanderson, Assistant Chief Executive (Legal and Administrative Services) or her authorised representative was appointed.
Summary of Reason for Decision:
Section 5, Schedule 1, Paragraph 6 of the Scrap Metal Dealers Act 2013 requires an application to be accompanied by a fee set by the authority. In setting this fee the authority must have regard to guidance issued by the Home Office with the approval of the Treasury. Additionally fees must be compliant with the Provision of Services Regulations 2009 which allows fees to be set at no more than full cost recovery.
Reason for Decision:
The 2013 Act creates a fee raising power, to allow local authorities to recover the costs stemming from administering and seeking compliance with the regime.
Risks Associated with this Decision:
None
Measures to Redress Risk:
Anti Poverty / Human Rights / Agenda 21 Implications:
Attachments:
Please Contact Stephen Anders 6288 for more details.