The Act – Commentary on Sections Section 2: Form and effect of licence
16.Section 2 provides further detail in respect of the licence, including that there are two types of licence, one for a site and the other for a mobile collector (carrying on business otherwise than at a site). The licence authorises the licensee to carry on business as a scrap metal dealer at the sites listed in it (in the case of a site licence) or within the local authority area (in the case of a mobile collector’s licence). A power is provided for the Secretary of State to prescribe the form and content of the licence in Regulations.
17.A licence will be issued by the local authority in whose area a scrap metal site is situated, or (in respect of a mobile collector) in the area that the collector operates. A site licence will require all of the sites at which the licensee carries on the business as a scrap metal dealer within the local authority area to be identified and a site manager to be named for each site. In doing so, they will be permitted to operate from those sites as a scrap metal dealer, including transporting scrap metal to and from those sites from any local authority area.
18.A collector’s licence authorises the licensee to operate as a mobile collector in the area of the issuing local authority, permitting them to collect any scrap metal as appropriate. This includes commercial as well as domestic scrap metal. The licence does not permit the collector to collect from any other local authority area; a separate licence should be obtained from each local authority the individual wishes to collect in. A licence also does not authorise the licensee to carry on a business at a site within any area - should a collector wish to use a fixed site, they will need to obtain a site licence from the relevant local authority. There is no restriction as to the location where the collector can transport and sell their metals.
19.The form in which a licence is issued must enable it to be displayed in accordance with section 10 (see below).