Issue - meetings

Non key item received 15 or less working days pre-committee, so automatically added to the agenda for pre-scrutiny.

Matter for Decision

The Scrap Metal Dealers Act 2013 replaces the Scrap Metal Dealers Act 1964 and Part 1of Vehicles (Crime) Act 2001 and introduces a new licensing regime for scrap metal and vehicle dismantling industries.

The City Council will have powers to grant or refuse licences and to revoke them if the dealer is considered to have become ‘unsuitable’.

The Local Authority (Functions and Responsibilities) (England) Regulations 2000 state in section 2 that Schedule 1 sets out the functions that are not to be the responsibility of the executive authority. In that Schedule, under licensing and registration functions there is reference to the power to license scrap yards under section 1 Scrap Metal Dealers Act 1964.

The Scrap Metal Dealers Act 1964 is repealed by section 19 of the

Scrap Metal Dealer's Act 2013. The 2013 Act comes into force on

1st October 2013. Reference to scrap metal dealers Act 1964 in Schedule 1 will cease to have any relevance after that date; it effectively disappears from the Schedule, and therefore automatically falls to the Executive function of the Council.

It is therefore necessary to bring this report to the Environment Scrutiny Committee for approval rather than Licensing Committee. A report will go to Licensing Committee for information.

It is likely that The Local Authority (Functions and Responsibilities)

(England) Regulation 2000 will be updated by December 2013 to allow this function to return to Licensing Committee, whereby a report will then be taken to Licensing Committee for approval.

Decision of Executive Councillor for Environmental and Waste Services

       i.          Noted the powers conferred by the Scrap Metal Dealers Act 2013.

     ii.          Approved the scheme of delegations as set out in Appendix A of the Officer’s report; and referred it to Civic Affairs Committee to amend the Constitution.

   iii.          Approved the fee structure as set out in Appendix B; and for it to be reviewed on an annual basis.

Reason for the Decision

As set out in the Officer’s report.

Any Alternative Options Considered and Rejected

Not applicable.

Scrutiny Considerations

The Committee received a report from the Head of Refuse & Environment.

The Committee unanimously resolved by to endorse the recommendations.

The Executive Councillor approved the recommendations.

Conflicts of Interest Declared by the Executive Councillor (and any Dispensations Granted)

No conflicts of interest were declared by the Executive Councillor.