Assessing the Application
In determining an application for a Scrap Metal Dealer’s Licence, the Council will take account of the following key considerations:
(i) the applicant or site manager has been convicted of a relevant offence, or subject to any relevant enforcement action.
Note: Even if an applicant has been convicted of a relevant offence, this is not automatic grounds for refusing to grant a licence. The local authority has discretion in this matter and could decide after receiving further information from an applicant or other bodies, and considering the matter further, that they can grant a licence, or grant the licence with conditions. For example the council could take into account how long ago the offence was committed, the nature of the offence or enforcement action; the gravity of the offence or enforcement action; when the enforcement action was taken; along with any other relevant information as set out in s3(2).
(ii) the applicant has previously been refused a scrap metal dealers licence or an application to renew a licence has been refused.
(iii) the applicant has previously been refused a relevant environmental permit or registration.
(iv) they had previously held a scrap metal dealers licence that has been revoked.
The Council may also take account of the following additional considerations:
(v) Whether a Basic Disclosure Certificate has been submitted. In the event that it has not, and considering all other information available to the Council, an inference may be drawn from the failure to submit.
(vi) General information obtained from other licensing authorities (i.e. enforcement records, records of declined or revoked licences)
(vii) The planning history of a site. Failing to obtain planning permission is only a relevant consideration for sites established after 1 November 1990 (before which permission was not required). Lack of planning permission in its own right would not be enough to refuse an application, although could be weighed into the balance when considering all other information obtained - Planning information can be obtained from the Council’s own records, plus records of other authorities where applicant is known to have operated.
The Suitability Assessment requires the Licensing Officer to consider the totality of the information obtained and apply judgement as to whether the applicant can be considered a “suitable person”.