Fit and Proper Test
As the Licensing Authority, we have to be satisfied that an applicant is a suitable person to carry on business as a scrap metal dealer. In considering this, we consult with:
- Any other Local Authority (if an application has been made or licence issued to the same applicant),
- The Environment Agency, and
- The Police
In order to assess the following criteria:
- whether the applicant or any site manager has been convicted of any relevant offence.
- whether the applicant or any site manager has been the subject of any relevant enforcement action.
- any previous refusal for issue of or renewal of a scrap metal license.
- any previous refusal for an environment permit ore registration.
- any previous revocation of a scrap metal licence.
- whether the applicant has demonstrated that there will be adequate procedures to comply with the Act.
All of the above will apply to any director or any secretary of a company if the applicant is not an individual.
The Home Office has issued a guide to Licensing Authorities to assist with determining the suitability of applicants. This Guidance can be found here:
Conditions attached to a Licence
Local authorities, when issuing a licence, may impose prescribed conditions if the licensee or site manager has been convicted of a relevant offence. The two conditions that can be imposed by Local Authorities on a licence, are:
- that the dealer must not receive scrap metal except between 9 a.m. and 5 p.m. on any day; and
- that all scrap metal received must be kept in the form in which it is received for a specified period, not exceeding 72 hours, beginning with the time when it is received.
Varying a Licence
We may vary a licence, imposing the conditions stipulated in above, if the licensee or a site manager is convicted of a relevant offence.
Revoking a Licence
We may revoke a licence on particular grounds, including where we are no longer satisfied that the licensee is a suitable person to carry on the business as a scrap metal dealer.