West Lothian Council delivers

Metal dealer- site licences

 

Metal dealers who operate from a fixed site must hold a 'Metal Dealer's Licence', this includes scrap motor vehicle dealers.  The Licensing Team working in partnership with other council services and Lothian and Borders Police adminsters the licensing scheme.

Section 28 of the Civic Government (Scotland) Act 1982 deals with licences for metal dealers who operate from premises.

 

The definition of metal dealer is found in section 37 of the Act –

 

“metal dealer” means a person carrying on business in terms of subsection 2 of section 37 but does not include an itinerant metal dealer.

 

In terms of section 37(2) “a person carries on business as a metal dealer if he carries on a business which consists wholly or partly of buying or selling for scrap old, broken, worn out, defaced or partly manufactured articles made wholly or partly of metal (whether the metal is sold is in the form in which it was bought or otherwise), other than a business in the course of which metal is not bought except as materials for the manufacture of other articles and is not sold except as a by-product of such manufacture or as surplus materials bought but not required for such manufacture.”

 

Section 29 of the Act provided that metal dealers with an annual turnover of more than £100,000 could apply to the licensing authority for an exemption warrant. An exemption warrant granted to a metal dealer under section 29 excuses the metal dealer from the requirement to hold a metal dealers’ licence and the other requirements placed on metal dealers in sections 30 to 36 of the 1982 Act.

 

Section 29(1) requires a licensing authority to grant an exemption warrant if the metal dealer can produce to them an auditor’s certificate which shows that the metal dealer’s annual turnover exceeded £100,000 in a financial year ending in the period of 18 months immediately prior to the production of the certificate. However, in terms of The Civic Government (Scotland) Act 1982 (Metal Dealers’ Exemption Warrants) Order 2012 the sum specified in section 29(1) was increased from £100,000 to £1,000,000 in respect of all applications made to the Council on or after the coming into force of the Order on 20 February 2013.

 

DUAL LICENSING

 

Section 36 of the Act states that a person carrying on business as a second hand dealer and as a metal dealer or itinerant metal dealer needs both a metal dealer’s licence or itinerant metal dealer’s licence and a second hand dealer’s licence. 

You should be aware that part of the application process is a mandatory background check carried by the Lothian and Borders Police.  Further information about the licence process may be obtained from Licensing Team on 01506 281632 or by e-mail. This licence is only valid in West Lothian area.

Applicant should be aware that they may need planning permission and must comply with environmental protection legislation (see Scottish Environmental Protection Agency) 

Application forms and may be downloaded below. 

Fees for a licence applications and renewals received before 1 April 2013 :

• Initial Grant (1 year) = £79.00
• Renewal (1 Year) = £60.00
• Exemption = £28.00

Fees for a licence applications and renewals received after 1 April 2013 :

• Initial Grant (1 year) = £81.77
• Renewal (1 Year) = £62.10
• Exemption = £28.98

Applications which do not attract any adverse comments /objections are determined by the Chief Solicitor under delegated powers. Decisions on all other applications are made by the Licensing Committee.

Updated: 21/03/13