Agenda item

That the Scheme of Delegation for all functions under the new Scrap Metal Dealer Act 2013 be approved as set out at paragraphs 5.4 and 5.5 of the report, subject to an amendment to Appendix A that the ‘Revocation of a Site Licence or Collectors Licence’ be delegated to Officers ‘Where the revocation is not contested’.

The Licensing Manager introduced a report seeking approval for the proposed Scheme of Delegation for all functions under the new Scrap Metal Dealers Act 2013.

Members were informed of a correction in Appendix A – Scheme of Delegation on page 58 of the agenda.  On the 6^th line ‘Revocation of a Site Licence or Collectors Licence’ the delegation should be amended to ‘Officers – where the revocation is not contested’.  Line 8 duplicated this delegation and was removed.  The Cabinet noted this amendment.

The Licensing Manager advised the Cabinet that the drafting of the legislation for the Scrap Metal Dealers Act 2013 had caused uncertainty in local authorities about whether the functions were Executive or Non-Executive.  The Cabinet were informed that advice had been sought from the Home Office and it had been stated that the responsibilities under the Act were Executive functions, and although they may become Local Choice functions in the future, it was deemed necessary to approve a Scheme of Delegation in order for the Council to discharge its responsibilities under the Act.

The proposed Scheme of Delegation set out in Appendix A was explained and it was noted that in most cases the applications would be non-contentious whereby Licensing Officers would be given delegated powers to administer and grant such applications.  It was proposed that the Licensing Manager have delegated powers for more contentious applications.  Applicants had the right to appeal and all decisions would need to be properly documented and reasoned in line with the Home Office guidance set out in Appendix B.

The Cabinet considered a range of issues including the likely volume of licenses, length of licences and various enforcement issues.  The Licensing Manager reported that seven site licenses and fifteen collectors’ licenses had been issued to date and that the Council worked closely with Thames Valley Police and the Environment Agency in discharging their respective responsibilities under the Act.  Following the discussion, the Cabinet approved the Scheme of Delegation as amended above.

Resolved –   That the Scheme of Delegation for all functions under the new Scrap Metal Dealer Act 2013 be approved as set out at paragraphs 5.4 and 5.5 of the report, subject to an amendment to Appendix A that the ‘Revocation of a Site Licence or Collectors Licence’ be delegated to Officers ‘Where the revocation is not contested’.