Agenda item

The Constitution Committee, at its meeting on 19 September 2013, had considered a proposed scheme of delegation for the Implementation of the Scrap Metal Dealers Act 2013 which would be coming into force on 1^st October 2013. The Act was designed to provide a more robust scheme for monitoring the scrap metal industry. A scheme of delegation needed to be put in place to allow for full implementation of the Act by the time the first applications under it were made to the Council.

The Constitution Committee had resolved that, subject to the detail being worked up and approved by the Licensing Committee at its meeting on 30^th September, Council be recommended that, in so far as it is necessary as a matter of local choice, this function be specified as a non-executive function and that procedures and a scheme of delegation be set up to implement the Scrap Metal Dealers Act 2013 and to determine applications for licenses under the Act, taking account of a number of detailed principles.

The Committee had also resolved that Council be recommended to authorise the Interim Head of Legal Services and Monitoring Officer to make appropriate changes to the Constitution following the meeting of the Licensing Committee.

The Licensing Committee at its meeting on 30 September 2013 had also considered a report in respect of this matter and resolved that Council be recommended to approve the scheme of implementation and delegations, the details of the Suitable Person Test to be employed by Cheshire East Council and the fees and charges in relation to Scrap Metal Dealers licensing activities, as set out in the report.

RESOLVED

1.            That, in so far as it is necessary as a matter of local choice, this function be specified as a non-executive function and that procedures and a scheme of delegation be set up to implement the Scrap Metal Dealers Act 2013 and to determine applications for licenses under the Act, taking account of the following principles:-

·         policy is delegated to the Licensing Committee

·         the ability to set fees and charges is delegated to the Licensing Committee

·         a Member decision making body (e.g. a licensing sub-committee) shall determine any applications where the applicant has indicated he/she is taking advantage of their opportunity for a hearing (i.e. after a notice has been given under Section 7 of the Act by the licensing authority stating it proposes to refuse the application, the applicant may ask for a hearing and the opportunity to make written or oral representations)

·         a Member decision making body only may initiate a revocation of a licence.

·         a Member decision making body only may impose conditions on a licence.

·         An officer should be empowered to make decisions in respect of approvals of licences and may refuse a licence in circumstances where the applicant has not expressed the wish to make representations within the specified time after a notice has been served under Section 7 stating the licensing authority proposes to refuse the application.

2.         That the Interim Head of Legal Services and Monitoring Officer be authorised to make the appropriate changes to the Constitution.

3.         That the scheme of implementation and delegations, as set out in Appendix 2 of the Licensing Committee report, be approved. That the details of the Suitable Person Test to be employed by Cheshire East Council, as set out in Appendix 1 of the Licensing Committee report, be approved.

4.         That the following fees and charges in relation to Scrap Metal Dealers licensing activities be approved:-

Site Licence: £160.00

Collectors Licence: £160.00