Borough of Oadby & Wigston
Corporate Resources (Licensing Team)Licensing of Scrap Metal Dealers Policy
Under Scrap Metal Dealers Act 2013
The Scrap Metal Dealers Act 2013 (“SMDA”) came into effect at the end of last year. The Act requires the Council to licence sites within the Borough of Oadby and Wigston operated by Scrap Metal Dealers and to licence mobile collectors of scrap metal. The Act requires us to only licence people who are suitable and to take action against those who are unsuitable.
Oadby and Wigston Borough Council have drafted a Policy outlining how we will ensure that only suitable people are licensed, how we take action against licence holders who we deem to be unsuitable and how we will carry out enforcement against those who operate without a licence.
The Council is grateful for your time in reading the policy and your opinion will shape the current policy and how it may affect you.
Please respond to us on this consultation form, or if you wish in writing by post or email by Friday 30 May 2014.
About You
Name: ______
Address: ______
______
______
Email: ______
Do you wish to be consulted on further Council consultations and influence the policy decisions of the Council? Yes ¨ No ¨
Are you a resident in Oadby or Wigston? / Yes ¨ No ¨Do you carry out, or run, a business in Oadby or Wigston? / Yes ¨ No ¨
Do you carry out the business of a Scrap Metal dealer in Oadby or Wigston? / Yes ¨ No ¨
Are you an agency with enforcement powers? / Yes ¨ No ¨
About our Policy
The SMDA 2013 created a new definition of a scrap metal dealer. Do you think this is definition is explained clearly in part 2 of the Policy? / Yes ¨ No ¨Is the definition of carrying on the business of a Scrap Metal Dealer clearly explained in the part 3 of the Policy? / Yes ¨ No ¨
Are the two types of licences available (site and mobile) clearly explained in part 4 of the Policy? / Yes ¨ No ¨
Do you think that the process of applying for a licence is clearly explained in part 5 of the Policy? / Yes ¨ No ¨
Do you think that the Council is right to require a criminal record disclosure for all directors of a company? / Yes ¨ No ¨
Is the Council’s suitability test outlined in part 8 of the Policy clear and fair? / Yes ¨ No ¨
Is the process for refusing an application/ revoking a licence, and the right for an aggrieved person to request an oral hearing clear? / Yes ¨ No ¨
Are the records that a licence holder must keep clearly explained in part 16 of the Policy? / Yes ¨ No ¨
Is it clear from part 16 of the Policy that a dealer cannot pay in cash for scrap metal? / Yes ¨ No ¨
Are the enforcement measures open to the Council clear and well explained and fair? / Yes ¨ No ¨
Are the offences outlined in part 20 of the Policy clear? / Yes ¨ No ¨
About the Scrap Metal industry
Do you think there is a problem with illegal scrap metal collectors in the Borough? / Yes ¨ No ¨Do you think there is a problem with illegal scrap metal collectors in Leicestershire? / Yes ¨ No ¨
Do you think there is a problem with illegal scrap metal collectors in the UK? / Yes ¨ No ¨
Do you think that the scrap metal collection industry is a source of crime within the Borough? / Yes ¨ No ¨
Do you think that it is difficult for residents of the Borough to know if a mobile collector is licensed or not? / Yes ¨ No ¨
Your views
The questions above are designed as guide for us to understand if our Policy is right. However, you can comment on any aspect of our Policy, the legislation and the scrap metal industry in the space below. If necessary please feel free to continue on a separate sheet or write to us separately.
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Equality Impact Assessment – Scrap Metal Dealers Policy 2013
The Equality Act 2010 requires the Council to monitor its local population in order to ensure that its services are targeted correctly. We should be grateful if you complete the questions below. This information is voluntary and when completed is kept anonymously and separate to any consultation feed back. The information provided allows us to ensure that our services meet the needs of our local community.
1. What is your Age?
Under 18 / ¨18 - 35 / ¨
35-65 / ¨
Over 65 / ¨
Prefer not to say / ¨
2. What is your Gender?
Female / ¨Male / ¨
3. Is your gender identity different from the gender you were assigned at birth (i.e. transgender)?
No / ¨
4. What is your Ethnicity?
White / ¨Asian / ¨
Black / ¨
Oriental / ¨
Other / ¨
5. What is your religion or belief?
Christian / ¨Muslim / ¨
Hindu / ¨
Sikh / ¨
Buddhist / ¨
Jewish / ¨
Other / ¨
6. Do you consider yourself disabled?
No / ¨
7. What is your Sexual orientation?
heterosexual / ¨homosexual / ¨
bisexual / ¨
other / ¨
Thank you for completing this survey. Equalities monitoring enables the Council to check that everyone in the Borough is able to access and understand the services to which they are entitled and that no-one is discriminated against unlawfully. Information provided will be treated confidentially and in accordance with the Data Protection Act 1998 and only used to ensure that everyone is treated fairly.