Guidance for Itinerant Metal Dealer's Licence
Guidance on Applying for Itinerant Metal Dealer's Licence
Before lodging your application for Itinerant Metal Dealer's Licence please ensure that you have read the following guidance.
When does a business require an itinerant Metal Dealer's Licence?
An "Itinerant Metal Dealer's Licence" is required for carrying on business as an itinerant 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 an itinerant metal dealer:
An "itinerant metal dealer" is a person who:-
(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) collects articles of the kind described in paragraph (a)(i) and (ii) by means of visits from place to place, and
(c) disposes of such articles without causing them to be kept in a metal store or other premises (including by
disposing or giving custody of the articles to a person who keeps a metal store).
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 |
Who should Apply?
The individual, company or organisation operating as an itinerant metal dealer should apply for a licence using the application form for an Itinerant 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 an Itinerant 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
If you do not currently hold a licence you can make a Grant application. This type of licence lasts for three years. You will not be licensed until the licence is granted. - Temporary
You can apply for 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 no later than the expiry date of your current licence. You cannot submit your renewal application more than 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.
If you forget to renew your licence or are unable to do so due to unforeseen circumstances you should contact the Licensing Section as soon as you become aware your licence has expired.
How do you apply?
To apply for a Licence you should complete an application form and submit it to the Licensing Section with the relevant fee.
You can submit your application by post to the following address:
Licensing Section
Glasgow City Council
City Chambers
George Square
Glasgow G2 1DU
We do not recommend that you send a renewal application to us by post. If you do, you must ensure that it is lodged with us before the expiry date of your current licence.
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 | £146 | £146 |
| Renewal of Licence | £146 |
The fees given are correct as of 1 April 2016. Fees are reviewed on 1 April each year and may change.
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 IMD/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: IMD/xxxxx (existing licence holder) or IMD/address of premises e.g. IMD/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 on receipt of your application. Any person can object to your application at this stage.
During the consultation period your application will be sent to the following:
- Police Scotland
The Police 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.
Once the 28 day consultation period is complete, we will review your application.
If (a) no adverse comments have been received; and (b) there are no other issues with your application, then it will be considered 'straightforward' and placed on a list of applications to be granted. 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. If this happens you will receive a Recorded Delivery letter requesting your attendance at the meeting and explaining the reason you are being called. 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 you are subject to.
What happens if my application is refused?
You will receive a letter advising that your application has been refused. You have the right to appeal the decision at Glasgow Sheriff Court (unless your application was for a temporary licence). An applicant wishing to appeal normally requires to first obtain a written Statement of Reasons for 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 ve 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
Yes. If you have any further questions about the application process the Council's Licensing Team will be happy to assist you. Please on note that whilst the Licensing Team can provide guidance, the team cannot offer you legal advice.
You can contact us by phone on Phone: 0141 287 5354 or by Email.
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