Prospective
3Issue of licenceE+W
(1)A local authority must not issue or renew a scrap metal licence unless it is satisfied that the applicant is a suitable person to carry on business as a scrap metal dealer.
(2)In determining whether the applicant is a suitable person, the authority may have regard to any information which it considers to be relevant, including in particular—
(a)whether the applicant or any site manager has been convicted of any relevant offence;
(b)whether the applicant or any site manager has been the subject of any relevant enforcement action;
(c)any previous refusal of an application for the issue or renewal of a scrap metal licence (and the reasons for the refusal);
(d)any previous refusal of an application for a relevant environmental permit or registration (and the reasons for the refusal);
(e)any previous revocation of a scrap metal licence (and the reasons for the revocation);
(f)whether the applicant has demonstrated that there will be in place adequate procedures to ensure that the provisions of this Act are complied with.
(3)In this section—
(a)“site manager” means an individual proposed to be named in the licence as a site manager,
(b)“relevant offence” means an offence which is prescribed for the purposes of this section in regulations made by the Secretary of State, and
(c)“relevant enforcement action” means enforcement action which is so prescribed.
(4)In determining whether a company is a suitable person to carry on business as a scrap metal dealer, a local authority is to have regard, in particular, to whether any of the following is a suitable person—
(a)any director of the company;
(b)any secretary of the company;
(c)any shadow director of the company (that is to say, any person in accordance with whose directions or instructions the directors of the company are accustomed to act).
(5)In determining whether a partnership is a suitable person to carry on business as a scrap metal dealer, a local authority is to have regard, in particular, to whether each of the partners is a suitable person.
(6)The authority must also have regard to any guidance on determining suitability which is issued from time to time by the Secretary of State.
(7)The authority may consult other persons regarding the suitability of an applicant, including in particular—
(a)any other local authority;
(b)the Environment Agency;
(c)the Natural Resources Body for Wales;
(d)an officer of a police force.
(8)If the applicant or any site manager has been convicted of a relevant offence, the authority may include in the licence one or both of the following conditions—
(a)that the dealer must not receive scrap metal except between 9 a.m. and 5 p.m. on any day;
(b)that all scrap metal received must be kept in the form in which it is received for a specified period, not exceeding 72 hours, beginning with the time when it is received.
(9)“Specified” means specified in the condition.