Itinerant Metal Dealer's Licence
In terms of Section 32 of the Civic Government (Scotland) Act 1982 itinerant metal dealers require to be licensed. The itinerant metal dealer's licensing scheme is administered by the Council's Licensing Team.
The Team is able to provide general guidance on the scheme but cannot assist you to complete your application form or provide legal advice on whether a licence is required. You should seek legal advice from a solicitor or advice centre if you are unsure as to whether you require a licence.
An itinerant metal dealer means:
a person who carries on a business which consists wholly or substantially of buying or selling for scrap:
- metal articles that are old, broken, worn out or defaced; or
- partly manufactured articles that are made wholly or partly from metal;
- collects articles of either of these kinds by means of visits from place to place; and
- disposes of such articles without causing them to be kept in a metal store or other premises (including disposing or giving custody of the articles to a person who keeps a metal store)
If you want to apply for a licence you must submit an application form along with the required documents and the appropriate fee.
Application forms which have guidance notes attached to them and a list of fees are available from the downloads section of this page. You should read the guidance notes carefully before completing your application form.
All applications are copied to the Council's advisors who can recommend that conditions in addition to the standard conditions detailed on this page are attached to the licence when granted. If you do not want to accept any recommended conditions then the application would be referred to the Licensing Committee for a decision to be made regarding which conditions will apply to your licence. Mandatory background checks will be carried out on all applicants by Police Scotland and applicants' details will be retained on computer. You will be contacted once vetting is complete.
You can access a copy of the council's standard conditions for licensed itinerant metal dealers which came into effect on 2 August 2016 from the downloads section on this page.
Any member of the public can make an objection or representation about an itinerant metal dealer's licence application unless the application is for a temporary licence.
A guidance note explaining how an objection or representation can be made can be viewed here
By law the council has a period of 9 months in which to determine an application for an itinerant metal dealer's licence from the date on which a complete application is received.
The council is legally required to send a copy of your application to Police Scotland. In accordance with the legislation a copy of your application will also be sent to the council's Trading Standards service.
If there are any comments from advisors regarding your application, we will notify you accordingly. If any advisor has suggested that a condition or conditions are applied to your licence, we will ask you whether you accept the condition or conditions they have suggested.
If there are no adverse comments from advisors, or if any condition suggested by an advisor is accepted by you, your application will be granted by the Chief Solicitor under delegated powers.
If there are any such adverse comments regarding your application, or an advisor has suggested a condition which you do not accept, your application will be referred to the council's Licensing Committee, for the Committee to decide whether to grant your application.
You will be notified if your application requires to be referred to the Licensing Committee. The Committee meets on a monthly basis. You will be given the opportunity to attend and/or be represented at the meeting at which your application is to be considered and determined by the Committee.
If your application is granted we will contact you to let you know and arrange for your licence to be posted to you.
You should notify us as soon as you can if your details change or any of the information given in your application becomes out of date due to a change in your circumstances.
If you no longer wish to hold your licence you can surrender it to the council at any time by returning your licence together with a letter stating that you wish to surrender it. If you surrender your licence it will cease to have effect.
The following list contains details of licence holders, the list is updated regularly and at least every 12 weeks and gives details of the name of the licence holder. For the avoidance of doubt this is the only information available to members of the public
Please send details of your complaint in writing to the Licensing Team by email or letter using the contacts details available on this page.
Please contact Police Scotland by calling 101 or by email to: LothianScotBordersLicensingWest@Scotland.pnn.police.uk