Trading as a scrap metal dealer

Offences

Would a conviction for a relevant offence automatically disqualify an applicant from receiving a licence?

No, not necessarily, we, as the local authority may choose to impose conditions or seek further evidence from partner agencies, including the police.

Would a conviction for an offence other than a relevant offence automatically disqualify an applicant from receiving a licence?

In assessing the applicant’s suitability we, as the local authority, can consider any information we consider to be relevant, including convictions for other offences, lack of planning permission and money service businesses on sites. However, in doing so, we will ensure they we sufficiently robust rationale for refusal to withstand the appeals process.

What are the relevant offences?

The relevant offences mirror, where possible, those that the Environment Agency/Natural Resources Wales consider when granting an environmental permit and include criminal offences relevant to metal theft. The regulations also set out the relevant enforcement action local authorities may consider when assessing suitability.

Relevant offences are:

• Control of Pollution (Amendment) Act 1989: Section 1, 5 or 7(3)
• Environmental Protection Act 1990: Section 33, 34 and 34(B)
• Food and Environment Protection Act 1985: Section 9(1) and 9(2)
• Hazardous Waste (England and Wales) Regulations 2005
• Hazardous Waste (Wales) Regulations 2005
• Landfill (England and Wales) Regulations 2002: Regulation 17(1)
• Pollution Prevention and Control (England and Wales) Regulations 2000
• Producer Responsibility Obligations (Packaging Waste) Regulations 2007
• Transfrontier Shipment of Waste Regulations 2007
• Waste Electrical and Electronic Equipment Regulations 2006
• Waste (England and Wales) Regulations 2011: Regulation 42

The following offences are limited to environmental and metal theft related offences:

• Customs and Excise Management Act 1979: Section 170 and 170(B)
• Proceeds of Crime Act 2002: Sections 327, 328, 330, 331 & 332
• Theft Act 1968: Sections 1, 8, 9, 10, 11, 17, 18, 22 & 25
• Scrap Metal Dealers Act 1964
• Scrap Metal Dealers Act 2013
• Section 146 of the Legal Aid, Sentencing and Punishment of Offenders Act 2012
• Vehicles (Crime) Act 2001 1, 10, 12, 35 and 39
• Attempting or conspiring to commit any of the offences listed above.
• Inciting or aiding, abetting, counselling or procuring the commission of any offence listed above.
• An offence under Part 2 of the Serious Crime Act 2007(a) (encouraging or assisting crime) committed in relation to any of the offences listed above

Last updated: ‎06‎/‎06‎/‎2023‎ ‎11‎:‎09‎