Licence - Metal Dealers
Licence - Metal Dealers
Please refer to the important announcement regarding certain licence renewals and new applications via our web page.
Licence summary
To be a metal dealer operating from premises, you need a premises metal dealer's licence from Clackmannanshire Council
However, a metal dealer's licence is not required by a person who has either an exemption warrant or a temporary exemption warrant.
A metal dealer's licence will specify the activity which you may engage in and the place where you can carry out your business.
Eligibility Criteria
You must not be disqualified from holding a licence, and you must be fit to be the holder of the licence.
The premises or vehicle you use in order to carry out the work must be suitable for that purpose.
You must not have applied for the same licence within the last year, unless there has been a material change in your circumstances since your last application.
A metal dealer's licence is not required by a person who has either an exemption warrant or a temporary exemption warrant.
An exemption warrant can be issued by the licensing authority where a certificate from the auditor of the metal dealer's business is produced, which states that, in a financial year within the preceding 18 months, the total amount received by the dealer in respect of metal sold or supplied exceeded £100,000.
An exemption warrant will remain in operation for a period of no greater than 3 years.
A temporary exemption warrant can be issued by the licensing authority, upon application by the metal dealer, where they are satisfied that he has not been carrying on business as a metal dealer.
If a dealer has a temporary exemption warrant, they must only acquire metal from people selling or otherwise disposing of it in the course of trade or business.
If you intend to trade in metal that is second hand, you will also require a
second hand dealers licence
Regulation Summary
A summary of the regulation relating to this licence
Application Evaluation Process
A licence fee is payable, and the licence may be subject to conditions.
Applications must:
- be made in writing (including submission by electronic means)
- be signed by the applicant (including signature by electronic means)
- contain the applicant's name, address and the name and address of any employee or agent who will be carrying on the day-to-day management of the activity, as well as the area in which the activity is to be carried out
The licence is subject to mandatory conditions requiring the licence holder to keep records of all metal received, processed and disposed at any premises where a licence is in force. This does not apply where an exception warrant is in force
The Council will:
- send a copy of the application to Police Scotland
- keep a register of applications in which they will enter the details of the receipt of the application, their final decision and reasons for the decision, the details of the terms of each licence granted and a note of any suspension, variation of the terms, or surrender, of a licence
The register must be available for inspection by any member of the public at reasonable times and places and any member of the public must be permitted to make a copy of it.
If the work is to be carried out mainly or wholly in premises, the application must also contain either of the following:
- A submission to the Council of a certificate stating that this requirement has been complied with.
- A declaration that they are unable to put up such a notice because they do not have the rights in the premises that would enable them to do so, and detailing the reasonable steps that they have made to acquire those rights and that they have been unable to acquire them.
Will Tacit Consent Apply?
Yes. This means that you will be able to act as though your application is granted if you have not heard from the local authority by the end of the six month period following submission of a completed application form.
Apply Online
Please email licensing@clacks.gov.uk to apply for this licence.
Failed Application Redress
Please contact the Licensing Administrator in the first instance:
Within 28 days of the date of the decision to refuse their application, the applicant may require the Council to give the reasons for their decision.
The applicant may appeal to the sheriff court at Alloa against the decision, within 28 days of the decision, as long as they have already followed any available procedure in terms of stating their case to the Council
The appeal will only be successful if the sheriff considers that the local authority, in making their decision, had:- erred in law
- based their decision on an incorrect material fact
- acted contrary to natural justice
- exercised their discretion in an unreasonable manner
The applicant may then appeal on a point of law from the sheriff's decision to the Court of Session within 28 days from the date of the sheriff's decision.
Licence Holder Redress
Please contact the Licensing Administrator in the first instance:
If the Council decides to suspend a licence, not to renew a licence, or not to consent to material changes to the premises or vehicle used in the course of a licence holder's work, the licence holder may appeal against the decision to the sheriff court at Alloa within 28 days of being notified, as long as they have already followed any available procedure in terms of stating their case to the Council.
The appeal will only be successful if the sheriff considers that the Council, in making their decision, had:- erred in law
- based their decision on an incorrect material fact
- acted contrary to natural justice
- exercised their discretion in an unreasonable manner
The licence holder may then appeal on a point of law from the sheriff's decision to the Court of Session within 28 days from the date of the sheriff's decision.
Consumer Complaint
We would always advise that in the event of a complaint the first contact is made with the trader by you - preferably in the form a letter (with proof of delivery). If that has not worked, if you are located in the UK, Consumer Rights webpage will give you advice. From outside the UK contact the UK European Consumer Centre.
Other Redress
Objections or representations relating to a licence application may be made in writing to the local authority, within 21 days of notice of the licence application being given, stating:- the grounds of the objection or nature of the representation
- the name and address of the person making the representation
The chief constable of Central Scotland Police, or anyone who has made a relevant objection or representation regarding the licence, may appeal against a decision to the sheriff court at Alloa within 28 days of being notified, as long as they have already followed any available procedure in terms of stating their case to the Council
The appeal will only be successful if the Sheriff considers that the local authority, in making their decision, had:- erred in law
- based their decision on an incorrect material fact
- acted contrary to natural justice
- exercised their discretion in an unreasonable manner
The appeal will only be successful if the sheriff considers that the Council, in making their decision, had:- erred in law
- based their decision on an incorrect material fact
- acted contrary to natural justice
- exercised their discretion in an unreasonable manner
Trade Associations
International Steel Trade Association
UK Steel
Minor Metals Trade Association
Please note that fees lodged with any Licence application are non-refundable.
For Further Information Contact
Licensing Team
Kilncraigs, Greenside Street, Alloa, FK10 1EB
Tel: 01259 450000
Email: licensing@clacks.gov.uk