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Scrap metal dealer licence

 Scrap metal includes:

  • any old, waste or discarded metal or metallic material
  • any product article or assembly which is made from or contains metal and is broken, worn out or regarded by its last holder as having reached the end of its useful life

 The following are not scrap metal:

  • gold
  • silver
  • any alloy of which 2% or more by weight is attributable to gold or silver

Complete the scrap metal dealers Scrap metal dealer - new and renewal application form and send with the relevant payment. Our licensing payments page explains what fees apply and how to pay them. If you have paid by debit/credit card or by bacs before you have submitted your application form then you must include a copy of your receipt with the application. Any application received without the payment will not be processed.

You will also need to apply for a Basic Disclosure Certificate from the Disclosure and Barring Service.

Your DBS Disclosure is only valid for three months from the date that the disclosure was issued by the Disclosure and Barring Service.

Our licensing payments page explains what fees apply and how to pay them.

A scrap metal dealer must not pay cash for scrap metal. Payment must only be by cheque or by an electronic transfer of funds (authorised by credit or debit card or otherwise).

If representations are made against an application, then the application will be heard by our Licensing Committee. The hearing must be carried out within 20 working days ('working day' is any day other than a Saturday, Sunday or a Bank Holiday) from the end of the consultation period.

An appeal process is available to the applicant and those who made representations to an application, if they are not satisfied with the decision of the licensing committee.

We issue a notice of the decision to the applicant and anyone who made relevant representations. Appeals can be made against new, variation, renewal and the revocation of licence applications. 

Any appeal must be lodged at the local Magistrates' Court within 21 days of the date the applicant was informed of the committee's decision. 

The time taken to process an application depends on each individual application. The time period can range from a minimum of one month up to two months, but this could be longer if appeals are made following a committee hearing.

When an application is submitted, a 21 day consultation period will follow. This allows time for consultees to give their responses to the application.

Relevant Convictions/Enforcement Actions are listed on Relevant Offences – Scrap Metal Dealers

These authorities are able to comment on applications made under the Scrap Metal Dealers Act 2013.

Environment Agency

National Customer Contact Centre
PO Box 544
Rotherham
S60 1BY

Contact for advice:

Telephone: 03708 506506
Email: enquiries@environment-agency.gov.uk

HM Revenue and Customs (HMRC)

HMRC
Fitz Roy House
Castle Meadow Road
Nottingham
NG2 1AB

Derbyshire Constabulary

c/o Licensing Officer
St. Mary's Wharf
Prime Parkway
Chester Green
Derby
DE1 3AB

Contact for advice:

Telephone: 0300 122 4911
Email: derby.licensing@derbyshire.pnn.police.uk

Environmental Protection

Derby City Council
Environment Protection Team
The Council House
Corporation Street
Derby
DE1 2FS

Contact for advice:

Telephone: 01332 642020
Email: environmental.services@derby.gov.uk

Trading Standards

Derby City Council
Trading Standards Team
The Council House
Corporation Street
Derby
DE1 2FS

Contact for advice:

Telephone 01332 641981
Email: environmental.services@derby.gov.uk 

Licensing Authority

Derby City Council
Licensing Team
The Council House
Corporation Street
Derby
DE1 2FS

Once granted, the licence will be valid for three years, unless it is revoked.

  • A scrap metal dealer who holds a site licence must display the licence at each site identified in the licence. The licence must be displayed in an area accessible to the public.
  • A scrap metal dealer who holds a collectors licence must display the licence in any vehicle that is being used in the course of the dealers business. The licence must be displayed in a manner which enables it easily to be read by a person outside the vehicle.

A scrap metal dealer who fails to comply with this section is guilty of an offence and is liable on summary conviction to a fine.

The dealer must record the following information:

  • the description of the metal, including its type (or types if mixed), form, condition, weight, and any marks identifying previous owners or other distinguishing features,
  • the date and time of its receipt
  • if the metal is delivered in or on a vehicle, the registration mark of the vehicle
  • if the metal is received from a person, the full name and address of that person
  • if the dealer pays for the metal, the full name of the person who makes the payment acting for the dealer
  • if the dealer receives the metal from a person, the dealer must keep a copy of any document which the dealer uses to verify the name or address of that person
  • if the dealer pays for the metal by cheque, the dealer must keep a copy of the cheque
  • if the dealer pays for the metal by electronic transfer, the dealer must keep the receipt identifying the transfer, or
  • if no receipt identifying the transfer was obtained, the dealer must record particulars identifying the transfer

The dealer must record the following information:

  • whether or not it is in the same form in which it was received
  • whether or not the disposal is to another person
  • whether or not the metal is dispatched from a site

Where the disposal is in the course of business under a site licence, the dealer must record the following information:

  • the description of the metal, including its type (or types if mixed), form and weight
  • the date and time of disposal
  • if the disposal is to another person, the full name and address of that person
  • if the dealer receives payment for the metal (whether by way of sale, or exchange) the price or other consideration received

Where the disposal is in the course of business under a collectors licence, the dealer must record the following information:

  • the date and time of the disposal
  • if the disposal is to another person, the full name and address of that person

The information must be recorded in a manner which allows the information and the scrap metal to which it relates to be readily identified by reference to each other.

The dealer must keep the information and other records for a period of three years beginning with the day on which the metal is received or disposed of.

We may revoke your licence if we are satisfied that:

  • the licensee does not carry on business at any of the sites identified on the licence
  • the site manager named in the licence does not act as site manager at any sites identified in the licence
  • we are no longer satisfied that the licensee is a suitable person to carry on business as a scrap metal dealer

A constable or an officer of the council may enter and inspect a licensed site at any reasonable time on notice to the site manager.

A constable or an officer of the council may enter and inspect  a licensed site at any reasonable time, otherwise than on notice to the site manager if:

  • reasonable attempts to give such notice have been made and have failed or
  • entry to the site is reasonably required for the purpose of ascertaining whether the provisions of the Scrap Metal Dealers Act are being complied with or,
  • the giving of notice would defeat that purpose

If your premises is a residential property then the police and ourselves need to request a warrant from a Justice of the Peace, if there are reasonable grounds for believing that entry to the premises is reasonably required for the purpose of:

  • securing compliance with the provision of the Act
  • ascertaining whether those provisions are being complied with

A constable may stop and search the vehicles(s) of mobile collectors with regard to the Scrap Metal Dealers Act 2013, but also wider considerations in relation to vehicle road worthiness, possession of insurance and correct tax status.

A constable or an officer of the Council can check if the correct licences are displayed in the vehicle.

Site licences can be transferred, but collectors licences cannot.

A licence cannot be transferred from one person to another person. A site licence can be transferred into a collectors licence and a collectors licence can be transferred into a site licence.

An applicant for a scrap metal licence or the renewal or variation of a licence, must notify us of any changes which materially affect the accuracy of the information which the applicant has provided to us in connection with the application:

  • a licensee who is not carrying on a business as a scrap metal dealer in our area must notify us in writing of that fact within 28 days.
  • if a licensee carries on business under a trading name, the licensee must notify us in writing of any changes to that name within 28 days.

 If any of the following changes occur, you need to apply to vary your licence in writing to us within 28 days of the changes occurring. The options for this type of variation are as follows:

  • change of licence holder's details (name and/or address)
  • changes to the site(s) details (moving a site licence to another site, but not changing the site licence holder’s name or site manager)

You must write to us requesting a replacement licence, and send this with the relevant payment. Our licensing page explains what fees apply and how to pay them.

If scrap metal is a by-product of your business you may be exempt from the need to be licensed, it will be necessary for you to prove the proportion of your business that consists of dealing in scrap metal. Examples of businesses that may be able to claim exemption are:

  • builders
  • plumbers
  • electricians
  • motor vehicle repair garages
  • engineering workshops
  • where scrap metal is recovered or produced as the result of the main purpose of the business.

Gold, silver and any alloy of which 2% or more by weight is attributed to gold or silver is not deemed as scrap metal. You will not need to apply for a licence under the Scrap Metal Dealers Act 2013.

A site licence authorises the licensee to carry on business at any site in the city of Derby. Your licence will allow you to have sites in areas shown within the black line on the Scrap Metal Dealers Area Map. A site licence allows you to collect scrap metal in the course of your business anywhere in the country.

Please note these licences do not replace the waste carrier's licence. To deal in and collect scrap in Derby you will be required to hold a licence issued by us and a waste carriers licence that is issued by the Environment Agency.

A scrap metal dealer must not receive scrap metal from a person without verifying the persons full name and address. The verification must be referenced to documents, data or other information verifying the persons full name and address.

A person who on delivering scrap metal to a scrap metal dealer, gives a false name and address is guilty of an offence and is liable to a fine.

If the applicant or any site manager has been convicted of a relevant offence we may include in the licence one or both of the following conditions:

  • that the dealer must not receive scrap metal except between 9am and 5pm on any day
  • 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 it is received.

Yes. You may need other permissions to those required from us.

These must be obtained before you begin your licensed activities. Please note that this list gives a general guide and is not a complete list:

Planning permission

Check if you need planning permission before you make a licence application by emailing planning.applications@derby.gov.uk

Waste carriers licence

You will may need to register with the Environment Agency for a waste carriers licence.

Health and Safety Executive (HSE)

You may need to register with the Health and Safety Executive.

A person may hold more than one licence issued by different local authorities but may not hold more than one licence issued by any one local authority.

You will need to apply as soon as possible using the ‌Scrap metal dealer variation site manager application form for either of the following options:

  • the change of a site manager(s) where a suitability test is required (change of site manager where they have previous relevant convictions or previous relevant enforcement action, the case may need to be determined by the Council's Licensing Committee)
  • where there are no previous convictions or previous relevant enforcement action then a suitability test will not be required.

A suitability test is based on the information from the basic disclosure certificate. Our licensing payments page explains what fees apply and how to pay them.

Yes. You must write to us with address of the new site, and send this with the relevant payment within 28 days of any changes. Our licensing payments page explains what fees apply and how to pay them.

You must write to us the details of the new address and send this with the relevant payment within 28 days of any changes. Our licensing payments page explains what fees apply and how to pay them.

Yes. You will need to write to us with conversion details and send with the relevant payment. Our licensing payments page explains what fees apply and how to pay them.

A collectors licence authorises the licensee to carry on business as a mobile collector in the city of Derby. Your licence will allow you to collect in areas shown within the black line on the Scrap Metal Dealers Area Map.

If you wish to collect in another council area, you must contact the relevant council for an application form.

Every person working on a vehicle collecting scrap metal must be licensed unless they are properly employed by a business licensed as a site or hold a collector’s licence. A certified copy of that licence must be displayed in the vehicle.

Each business requires a licence. Self-employed people are classed as a business. If you are self-employed and share a vehicle, each self-employed person will require a licence in their own right, in order to collect scrap metal.

Please note these licences do not replace the waste carrier's licence. To deal in and collect scrap in Derby you will be required to hold a licence issued by us and a waste carriers licence that is issued by the Environment Agency.

If you transport scrap metal you will most likely require a waste carriers licence from the Environment Agency, who can be contacted on 08708 506506.

Yes, but only if a site licence is held and the collections are undertaken in the course of that business. If you collect door-to-door, a licence is required for every local authority you collect in.

Yes. You will need to write to us with conversion details and send with the relevant payment. Our licensing payments page explains what fees apply and how to pay them.