To enable the Cabinet to consider the recommendation made to it by the Licensing and Registration Committee in relation to the Council’s Scrap Metal Policy following an 8-week period of consultation (previously authorised by the Licensing & Registration Committee).

RESOLVED that -

1)    the proposed Scrap Metal Policy, as set out in Appendix A to the reference report (A.5), be adopted; and

2)    Officers be authorised to make minor amendments to the policy to ensure that it reflects the operational position of the Council and legislative / case law relevant to the policy.

Cabinet was made aware that Tendring District Council was the Licensing Authority for dealing with scrap metal licences which included site and collectors’ licences under the Scrap Metal Dealers Act 2013.

It was reported that the Licensing and Registration Committee (“the Committee”), at its meeting held on 29 October 2025, had received a draft Scrap Metal Policy and had agreed to undertake a public consultation upon it.

Members were informed that the Scrap Metal Dealers Act 2013 (“the Act”) had come into effect on 1 October 2013 with transitional arrangements taking effect from 1 September 2013. The Act required that scrap metal sites and collectors were licensed by the local authority. The legislation had been introduced to stem the increase in metal theft at the time.

The Act had replaced the previous regulatory scheme for scrap metal dealers and for vehicle dismantlers. It required anyone who dealt in scrap metal to obtain and display a relevant licence and gave the Police and local authorities more powers of entry and inspection as well as allowing a more thorough application process whereby licences could be refused or subsequently revoked if dealers were deemed ‘unsuitable’.

The Act provided for two types of Scrap Metal Dealer licences, a ‘Site Licence’ and a ‘Collector’s Licence’, both of which lasted for three years.

The Act had followed the Vehicles (Crime) Act 2001 which had introduced provisions for licensing motor salvage operators.  Prior to that, licensing of Scrap Metal dealers had been by virtue of the Scrap Metal Dealers Act 1964. The Government had also issued guidance for Councils in respect of determining the suitability to hold a scrap metal dealers’ licence.  The Scrap Metal Dealers Act (Prescribed documents and information for verification of name and address) Regulations 2013 also applied to the licensing arrangements administered by the Council.

Site Licence

Cabinet was advised that a site licence was applicable when the licence holder had a physical site(s) that they used to carry on their business as a scrap metal dealer. This licence allowed the licence holder to accept scrap metal from any of the sites listed on the licence; and to transport scrap metal to and from the sites listed in the licence.

Collector’s Licence

A collector’s licence was applicable when the licence holder’s business consisted of collecting scrap metal, for example, by going from door to door asking for scrap. This licence allowed the licence holder to collect scrap metal from within the boundaries of the local authority issuing the licence. A separate licence would be required from each local authority within whose boundary a person wished to operate.

It was emphasised that the adoption of a policy in this area of licensing was intended to support the following themes from the Council’s Corporate Plan 2024-28, namely:-

• Pride in our area and services to residents; and
• Working with Partners to improve quality of life.

It was believed that the application of this policy would provide clarity when determining applications and would reduce the risk of legal challenge and appeals. This policy would also support the Council’s ongoing close partnerships with the Police and Environment Agency to tackle environmental crime and metal theft.

Members were informed that there were currently 2 collectors and 12 sites licensed by the Council under this legislation.

The draft Scrap Metal Policy had been submitted to the Committee at its meeting held on 29 October 2025 and had been subject to public consultation and scrutiny for a period of 8 weeks from 31 October 2025 to 26 December 2025. In addition, to a page created on the Council’s website, and a public notice displayed outside of the front of the Town Hall and the Council’s Offices at Pier Avenue, Clacton on Sea, the consultation had also included all licence holders who held a scrap metal licence within the District and all responsible authorities.

The Licensing Authority had received one response to that consultation during this time. Having taken into consideration those comments, amendments had been made to the draft policy, and those could be found in red.  The response received was set out at Appendix B to the reference report (A.5).

The Committee, at its meeting held on 2 February 2026 (minute 15 referred), had considered the matter again (including the response received during the consultation).  Through the report, the Committee had been invited to determine its recommendation(s) to Cabinet.  The Committee’s decision had been as follows:-

“RESOLVED that the Committee:-

(a)   having received and considered the outcome of the public consultation on the draft policy, formally recommends the policy, as attached to the report (A.4) as Appendix A to Cabinet for its adoption; and

(b)   requests Cabinet to authorise Officers to make minor amendments to the policy to ensure that it reflects the operational position of the Council and legislative / case law relevant to the policy.”

The Policy Statement referred to in the above decision of the Licensing and Registration Committee was set out as Appendix A to the reference report (A.5).

Cabinet was cognisant that under the Leader of the Council’s approved Scheme of Delegation, as set out in Schedule 3 (Responsibility for Executive Functions) of Part 3 of the Council’s Constitution, the Portfolio Holder for Assets & Community Safety was the designated Executive Member for overseeing licensing policy matters.

Cabinet had before it the formal response of the Portfolio Holder for Assets & Community Safety to the Committee’s resolutions, as follows:-

“I wish to express my gratitude to the Licensing and Registration Committee for its consideration of a draft Scrap Metal Policy, undertaking public consultation and noting its outcome and amending the draft following feedback.  This is a new Policy for the Council, and its recommendation to Cabinet for approval and adoption is supported to ensure that the policy will provide clarity when determining applications and reduces the risk of challenge and appeal, demonstrating good governance.

This policy will also support the ongoing close partnerships with the Police and Environment Agency to tackle environmental crime and metal theft.”

Having considered the resolutions made by the Licensing and Registration Committee and the formal response thereto of the Portfolio Holder for Assets and Community Safety:-

It was moved by Councillor Kotz, seconded by Councillor Smith and:-

RESOLVED that -

1)    the proposed Scrap Metal Policy, as set out in Appendix A to the reference report (A.5), be adopted; and

2)    Officers be authorised to make minor amendments to the policy to ensure that it reflects the operational position of the Council and legislative / case law relevant to the policy.