Licence - Scrap Metal

Description

 

The dealing in scrap metal or the running of a scrap metal business is controlled by the Scrap Metal Dealers Act 1964.

Registration as a scrap metal dealer shall last for 3 years and must be renewed on or before the expiry date if the registered person wishes to carry on as a scrap metal dealer.

 

Eligibility

 

A person is deemed to be carrying on a scrap metal business if:

• A place in the area is occupied by them as a scrap metal store, or
• No place is occupied by them as a scrap metal store in the Barnsley area, or elsewhere, but they have their usual place of residence in the Barnsley area
• No place is occupied by them as a scrap metal store in the Barnsley area or elsewhere, but a place in Barnsley is occupied by them for the purpose of that business

 

Procedure

 

Before registering any person as a scrap metal dealer the Council will require the following information:

1. The full name of the dealer
2. The address of the dealer or in the case of a corporate body, the registered or principal officer
3. The address of each place in Barnsley that is or will be used as a scrap metal store
4. If the business is carried out from the applications place of residence, notice of that fact
5. If premises are used for a scrap metal business but not as scrap metal store, notice of that fact and the address of the premises

The Council must be notified within 28 days of any alterations to a registered person's or business particulars, or if the business ceases to operate.

Records required to be kept:

Every scrap metal dealer must keep, at each place occupied by him as a scrap metal store, a book detailing all scrap metal received at that place and all scrap metal either processed at or dispatched from that place. Two books may be kept where the metal processed and or dispatched from a place is not received at that place.

The details to be kept for scrap metal received are:

• The description and weight of the metal
• The date and time of receipt of the metal
• If the metal is received from another person the name and address of that person
• The price of the metal if it has been ascertained at the time the entry is made in the book
• If no price has been ascertained, the estimated value of the scrap metal
• The registration mark of any mechanically propelled vehicle used to deliver the scrap metal

The details to be kept regarding scrap metal processes or despatched are:

• The description and weight of the metal
• The date of processing or despatch, and in the case of processing, the process applied
• Where scrap metal is despatched for sale or exchange, the name and address of the person whom it is sold or with whom it is exchanged and the consideration for which it is sold or exchanged
• Where scrap metal is despatched or processed other than for sale or exchange, its estimated value before being despatched or exchanged

Entries must be made immediately upon receipt, processing or despatch and books containing records must be kept for two years following the last entry.

Where a person satisfies the Council that the business is part of the business of an itinerant scrap metal collector, the Council after consulting with the Chief of Police may make an order requiring that on the sale of any scrap metal they shall obtain from the purchaser a receipt showing the weight of the metal and the aggregate price at which it was sold. These receipts must be kept for two years and must be produced on demand to any body authorised to require their production.

Where a scrap metal dealer does not occupy a scrap metal store and is not registered as an itinerant then the reference to keeping a book at a scrap metal store shall be construed as a reference to keeping a book either at the dealers usual place of residence or at any other place occupied for the purpose of the scrap metal business. The references to the receipt, processing or despatch of scrap metal to or from a place shall be construed as the receipt, processing or despatch of scrap metal during the course of business. Particulars must be entered in the book as soon as is practicable.

Where a dealer occupies a scrap metal store and is not registered as an itinerant and scrap metal is received and disposed of other than at registered premises then entries in the required books must be made as soon as is practicable at the business nearest registered store.

Rights of Entry:

Any constable has a right at any reasonable time to inspect registered premises, records kept on those premises and scrap metal kept on the premises.

The Council has powers of entry to ascertain if premises are being used as a scrap metal store.

 

Helplines

 

Regulatory Services, Trading Standards Team: 01226 772532 e-mail:tradingstandards@barnsley.gov.uk

Charges/Fees

 

There is no charge for registration, however, registration should take place every 3 years.

Any person found guilty of failing to register a scrap metal business or to notify the local authority of alterations in the appropriate particulars will be liable on conviction to a fine not exceeding £1,000.

Any person found guilty of failing to notify a local authority that a business has ceased shall be liable on conviction to a fine not exceeding £200.

Any person found guilty of failing to keep the proper prescribed records shall be liable on conviction to a fine not exceeding £200.

Any person who obstructs the entry of an authorised inspector or fails to produce any book or document which the officer has a right to inspect shall on conviction be liable to a fine not exceeding £200.

Where a person is convicted of failing to register or failing to keep records of dealings, the Court may make an order imposing restrictions on the dealer for a period not exceeding two years

 

Opening Times/Locations

 

Opening times and location map, click link for further information.

 

How the Customer Can Help

 

Please ensure you provide all the relevant information when registering:

• The full name of the dealer
• The address of the dealer or in the case of a corporate body, the registered or principal officer
• The address of each place in Barnsley that is or will be used as a scrap metal store
• If the business is carried out from the applicant's place of residence, notice of that fact
• If premises are used for a scrap metal business but not as a scrap metal store, notice of that fact and the address of the premises

 

Application Form References

 

Application for Registration as a Scrap Metal Dealer

 

Distribution Points

 

The Application form is available from our offices (please see opening times/locations)

 

Legislation

 

The Scrap Metal Dealers Act 1964

 

Response Times/Next Steps

 

We aim to provide a response to initial enquiries within 3 working days

 

Owner Officer Contact Details

Principal Officer,
Trading Standards
3rd Floor
Central Offices,
Kendray Street,
Barnsley,
S70 2TN

Additional Notes

 

Copies of the Scrap Metal Dealers Act 1964 can be purchased from Her Majesty's Stationery Office, or inspected at our offices (see opening times/locations)

Last modified on 15/9/2008