Guidance for Metal Dealer's Licence
Guidance on Applying for Metal Dealer's Licence Before lodging your application for Metal Dealer's Licence please ensure that you have read the following guidance.
When does a Business require a Metal Dealer's Licence?
A "Metal Dealer's Licence" is required for carrying on business as a metal dealer. Section 37 of the Civic Government (Scotland) Act 1982 [as amended by the Air Weapons and Licensing (Scotland) Act 2015] sets out the following statutory definition of a metal dealer:
A person carries on a business as a metal dealer if the person:
(a) carries on a business which consists wholly or substantially of buying or selling for scrap
(i) metal articles that are old, broken, worn out or defaced, or
(ii) partly manufactured articles that are made wholly or partly from metal, or
(b) carries on business as a motor salvage operator (so far as that does not fall within paragraph (a) above.
Section 37 defines a "motor salvage operator" as:
A person carries on business as a motor salvage operator if the person carries on a business which consists wholly or substantially of—
(a) recovering salvageable parts from motor vehicles for re-use or sale and selling or disposing of the rest of the vehicle for scrap,
(b) buying significantly damaged motor vehicles and subsequently repairing and reselling them, or
(c) buying or selling motor vehicles which are to be the subject (whether immediately or upon a subsequent resale) of any of the
activities mentioned in paragraphs (a) and (b)
Who should apply?
The individual, company or organisation operating as a metal dealer should apply for a licence using the application form for a Metal Dealer's Licence.
If a company or organisation applies for a licence they must provide details of an individual who will be responsible for the day to day management of the business.
An individual applying for a licence who does not intend to be responsible for the day to day management of the business can name another individual as their day to day manager.
Potential applicants are advised to take their own independent legal advice if they are in any doubt as to who should be detailed on their application. In particular applicants should note that a day to day manager will be considered a joint licence holder and, should that manager leave during the currency of a licence, there will be implications for the licence.
What are the minimum requirements for applying?
Before you can apply for a Metal Dealer's Licence you must meet these minimum requirements:
- Any individual named on the application form must be at least 18 years or age.
- Any individual named as day to day manager must be able to work legally in the UK.
Are there different types of application?
Depending on your circumstances you can apply for one of three types of application.
If you do not currently hold a licence with this Council you can apply for the following:
- Grant
This type of licence, once granted, generally lasts for three years. You will not be licensed until the licence is granted. - Temporary
A temporary licence that lasts for a period of no more than 6 weeks. You will not be licensed until the licence is granted.
If you currently hold a licence with this Council you can apply to renew the licence before it expires.
- Renewal
Your renewal application must be lodged 1 month before the expiry date of your current licence. You cannot submit your renewal application more that six months before the expiry of the licence. Provided your renewal is lodged before the expiry of your current licence you can continue to operate whilst the application is being considered.
Tax Conditionality - Changes from 2 October 2023 for Applicants
The UK Government has created tax requirements for applications of particular licences across the UK. The rules for completing a tax check changed on 2 October 2023 in Scotland. The new rules have already been implemented in England and Wales from 4 April 2022. Tax checks will be required for a taxi driver's licence.
The table below details when a tax check should be carried out prior to lodging an application and when confirmation of being aware of the HMRC guidance relating to tax checks is sufficient.
Please note that all renewal applications require the applicant to provide a 9 character tax code on the application form. Renewal applications will not be accepted by the Licensing Authority without an applicant's 9 character tax code provided by HMRC. The tax code provided from HMRC is valid for 120 days so please ensure when submitting a renewal application that a valid tax code is provided on the application. To complete a tax check click here.
For most grant applications, an applicant will be required to confirm they are aware of their HMRC tax obligations when submitting an application however, there may be circumstances (see table below) when a 9 character tax code will be required.
To find out more information about your tax registration obligations please visit:
| Type | Code Checker |
|---|---|
| Renewal | Tax Check and 9 character code provided with application |
| New Grant - application where last licence expired/revoked less than 1 year from date of new application | Tax Check and 9 character code provided with application |
| New Grant - (and holds same type of licence with another licensing authority) | Tax Check and 9 character code provided with application |
| New Grant - and never held same type of licence before | Applicant must confirm on application form aware of HMRC guidance relating to tax obligations |
| New Grant - and previously held licence that expired/revoked over a year ago from date of new application | Applicant must confirm on application form aware of HMRC guidance relating to tax obligations |
How do you apply?
To apply for a Licence you should complete the application form and email it to the Licensing Section. Once the application has been reviewed, you will receive an email requesting payment of the application fee by electronic banking (BACS) and providing our bank details. The application will not be formally lodged or processed until payment has been made.
How much is the application fee?
The current application fees are detailed below; the amount you pay is dependent on the duration. The fee is payable when the application is lodged and is non-refundable.
| Type of Licence | Temporary | 3 Year |
|---|---|---|
| Grant of Licence | £149 | £357 |
| Renewal of Licence | £357 |
The fees given are correct as of 1 April 2024. Fees are reviewed and may change on 1 April each year.
A list of the fees and charges levied by the Council's Licensing Section can be found on our here.
How to make payment?
Payment should be made by BACS Transfer (electronic banking) to the Licensing Board Account.
When making payments please quote your licence reference number if you are a current licence holder or quote MD/Address of Premises if you are a new licence holder as detailed below
Account Name: Glasgow City Council - Licensing
Account No. 00116224
Sort Code: 83-44-00
Reference: MD/xxxxx (existing licence holder) or MD/address of premises e.g. MD/231 George Street.
Payment submitted by post should be in the form of Cheque or Postal Order. All Cheques and Postal Orders should be made payable to Glasgow City Council. Do not send cash by post.
Please note that your application will not be formally lodged until payment has been received. The fees are non-refundable.
How will the application be processed?
A 28 day consultation period begins once your application is formally lodged. Any person can object to your application at this stage.
On the day your application is lodged (unless you apply for a temporary licence), you must display the relevant A4 sized site notice (included in the application pack) at or near the premises for a period of 21 days. If the notice is taken down or defaced you must take steps to immediately replace the notice. At the end of the 21 days you should remove the notice and return the relevant Certificate of Compliance to the Licensing Section. If you do not follow this part of the process, your application may be not considered.
During the consultation period your application will be sent to the following:
- Police Scotland
The Police will report on your application and they may object or make a representation to the application if they do not consider you or anyone else named on the application to be a 'fit and proper person' to hold a licence. The Police may also charge you with an offence if you have made a false statement on your application form or failed to declare convictions. - Environment Health
The council's environmental health team will arrange to inspect the premises and provide the Licensing Section with a report. - Local Councillors
A notice of the application will be sent to the local Councillors for the area in which the premises are located. The notice will provide details of the application and advise of the last date for making an objection or representation.
Once the 28 day consultation period is complete, we will review your application.
If (a) no adverse comments have been received; (b) your Certificate of Compliance has been returned; and (c) there are no other issues with your application, then it will be considered under delegated authority. We will then contact you, in writing, once the application has been granted.
If there is a problem with the application such as a police objection we will refer the application to a meeting of the Licensing and Regulatory Committee for a decision. In these circumstances you will receive an email requesting your attendance at the meeting of the Committee and explaining the reason for attendance. Although you are not legally required to attend it is recommended that you do so. We will contact you, in writing, after the meeting to advise you of the Committee's decision.
How long will it take?
The Council is allowed nine months to determine your application but we aim to deal with all applications as soon as possible. It normally takes about 3 to 4 months to deal with most applications.
Applications which are not straightforward (e.g. Police Scotland object to the application) have to be referred to the Licensing and Regulatory Committee and normally take 4 to 6 months to process. This is due to the volume of applications that the Committee can consider at each meeting.
What happens after my application is granted?
You will receive a letter advising that your application has been granted. The letter will include your licence and explain any conditions or requirements which must be complied with.
What happens if my application is refused?
You will receive an email advising that your application has been refused. You have the right to appeal the decision at Glasgow Sheriff Court (unless your application is for a temporary licence).
An applicant wishing to appeal normally requires to first obtain a written Statement of Reasons of the decision. This can be obtained on written request to the Licensing Section within 28 days of the decision.
The Council will give written reasons for its decision within 10 days of being requested to do so. The Council cannot provide guidance on making an appeal; if guidance is required you should consider taking your own independent legal advice or, alternatively, you can contact the Sheriff Clerk at Glasgow Sheriff Court, 1 Carlton Place, Glasgow, G5 9DA.
Are there conditions attached to the licence?
There are standard conditions attached to all Second Hand Dealer's Licences. A copy of these conditions is provided with this guidance. As a licence holder you will be expected to comply with every condition. Failure to do so could result in the Council suspending or revoking your licence.
Links
Frequently Asked Questions (FAQs)
- Am I guaranteed to be refused because I have certain Convictions?
No. The fact that you have certain convictions does not prevent you applying nor does it guarantee that you will be refused. Every application is considered on its own merit. - My Licence expires on a weekend or public holiday, what should I do?
Your licence ceases to have effect unless you lodge a renewal application on or before the expiry date shown on your licence. This applies even if the expiry date shown on the licence is a weekend or a public holiday such as 31 December. If you find yourself in this situation, ensure you lodge your application, at the latest, on the last working day prior to the licence expiry.
Further Information?
If you have any further questions about the application process the Council's Licensing Team will be happy to assist you. Please note that whilst the Licensing Team can provide guidance, the team cannot offer you legal advice.
You can contact us by phone on 0141 287 5354 or by Email.
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