Agenda item

The Committee received a report on the new Buckinghamshire Council draft Scrap Metal Licensing Policy. The determination of applications and fee setting in relation to scrap metal is an Executive function of the Council, with the power to grant licences and take enforcement, delegated to Officers. The policy would also provide guidance on the application process, a brief overview of relevant legislation and links to Government guidance. The Licensing Authority was required to consider and determine applications for licences relating to scrap metal in line with the relevant legislation.

Since becoming a unitary authority, fee levels had been harmonised and the licensing team had been working to consolidate records and develop working practices that were consistent across the new Council area. This had included finding new ways to work collaboratively with other departments such as planning, and with partners, such as TVP, Buckinghamshire Fire and Rescue Service and the Environment Agency, in order to carry out more effective compliance checks and intelligence gathering.

All scrap metal dealers must obtain a licence from the local authority in order to carry on their business. It is an offence to carry on a business without a licence. The offence was punishable on summary conviction with an unlimited fine.

A scrap metal dealer is defined in the Act as someone carrying on a business which consisted wholly or in part of buying and selling scrap metal, whether or not the metal was sold in the form in which it was bought.

Under the Act, scrap metal is defined as any old, waste, or discarded metal or metallic material and any product, article or assembly which was made from or contained metal and is broken, worn out or regarded by its last holder as having reached the end of its useful life.

There are two types of scrap metal licences as described in the legislation and guidance.  These is a site licence and a mobile collector’s licence. Both licence types lasted for a period of three years.

The Council currently licenced 15 scrap metal dealers, broken down into 8 site licences and 7 mobile collector licences. A dealer could only hold one type of licence in any one council authority area. A public register of licenced scrap metal dealers is maintained by the Environment Agency and the Council is required to provide the appropriate information on all scrap metal licences issued in our area to the Environmental Agency for this purpose.

Members were invited to ask questions of Officers. The Chairman asked for clarification on paragraph 2.7, whether metal stolen from historic sites was likely to be presented for sale in a damaged state and therefore fell under the definition. It was confirmed that it was as defined in the report.

The Chairman asked about the cost of the licence and the cost to the Council to manage the process. The Licensing Officer informed the Committee that there were a very small number of licences issued by the Council and therefore there was a harmonised fee, once the policy had been adopted, this would be reviewed.  Any changes of fees would be presented to the Committee.

A Member commented that they were happy to see the policy. The Member asked how mobile collectors would be managed and secondly, if farmers wanted to scrap metals, would they require a licence. The Officer informed the Committee that with the introduction of identify plates, this would raise awareness for residents that people collecting metal items from skips and gardens, require licenses. With respect to farmers, this would be assessed on a case-by-case basis and if it was only a by-product of the industry then it would be outside of the scope.

A Member asked why the policy was being issued now and what were the penalties for breaking the rules. The Member also raised that if washing machines and other similar items left in front gardens were not collected, would that be an issue as they would be just left or sent to landfill. The Officer explained that since becoming unitary, there was a work programme in place to review all the policies. Priority was being given to those policies that had potential high-level risk if not harmonised. All polices were in the process of being aligned. It was explained that currently a licence was required to collect appliances from skips and front gardens, there were wider issues around social responsibilities. Items were sometimes collected and striped down at inappropriate locations. And the penalty was a level 5 fine which carried an unlimited fine based on the income of the person being charged.

Finally, a Member asked if there had been any occurrences of lead being stolen from church roofs and sold and was advised that fortunately there had been a very few cases.

A Member suggested raising awareness for residents if the policy was approved. It was essential that residents could complain anonymously if they wanted.

The recommendation was that if the draft Scrap Metal Licensing Policy set out at Appendix 1, subject to any recommended amendments, was approved for consultation with relevant stakeholders.

On a vote being taken the recommendation was proposed by Cllr Wood and seconded by Cllr Gomm and: -

RESOLVED that the draft Scrap Metal Licensing Policy set out at Appendix 1 of the report be approved for consultation with relevant stakeholders.