Issue - meetings

To consider an application for a site licence, under the Scrap Metal Dealers Act 2013 for MD Spares, Unit 5, Salamons Way, Rainham, RM13 9UL.

Scrap Metal Dealers Act 2013

Notice of Decision

PREMISES

Unit 5,

Salamons Way,

Rainham,

Essex.

RM13 9UL

DETAILS OF APPLICATION

This application for a Site Licence was made under Section 1of the Scrap Metal Dealers Act 2013 (“the Act”).

APPLICANT

M D Spares Limited,

1 Deri Avenue,

Rainham,

Essex.

RM13 9LX

1.    Details of the application

The Licensing Officer had advised the Sub-Committee that on 3 February 2016 he had been involved in a joint authority inspection of premises in Salamons Way. He had entered Unit 5 expecting to talk to the Site Manager of Car Breakers (Int) Ltd., a Maimouna Balde. He had noticed that the office area had been changed since his previous visit and spoke to Michalis Nzam who had informed him that his business MD Spares were now operating from the premises.

The Licensing Officer had quickly established that MD Spares were operating without a licence under the Scrap Metal Dealers Act 2013 and accordingly he had served a Closure Notice on the premises.

The Environment Agency had also spoken to Mr Nzam about him not having the correct waste disposal certificates in place for the site. Since the inspection on 3 February Mr Nzam had obtained the appropriate Certificate of Registration under the Waste (England and Wales) Regulations 2011.

On receipt of the Closure Notice Mr Nzam had responded by applying for a Site Licence for his premises on the 10 February 2016.

On his application Mr Nzam had put himself down as the sole director of MD Spares Limited and as the Site Manager.

In completing the form Mr Nzam was asked:

‘Have you, any listed partners, any listed directors, or any listed site manager(s) in this application ever been convicted of a relevant offence or been the subject of any relevant enforcement action?’

Mr Nzam had ticked the No box.

Mr Nzam had provided a Basic Disclosure from Disclosure Scotland which indicated that there were no convictions.

On receipt of the application the Licensing officer had consulted the Metropolitan Police, Environment Agency and other relevant agencies. On the 23 February a representation had been received from the Metropolitan Police stating that they did not consider Mr Nzam to be a suitable person under the Scrap Metal Dealers Act 2013.

In these circumstances and in accordance with Section 3 (1) of the Act a letter had been sent to Mr Nzam advising that his application for a site Licence had been refused. Section 3 (1) states that ‘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.’

On 14 March Mr Nzam lodged an appeal against that decision.

The Licensing Officer had explained that once a Closure Notice was served the recipient was allowed 7 days to cease trading. Failure to cease trading would result in referral to the Magistrates Court who had the option to issue a Closure Order. The Council  ...  view the full decision text for item 1

PREMISES

Unit 5,

Salamons Way,

Rainham,

Essex.

RM13 9UL

DETAILS OF APPLICATION

This application for a Site Licence was made under Section 1of the Scrap Metal Dealers Act 2013 (“the Act”).

APPLICANT

M D Spares Limited,

1 Deri Avenue,

Rainham,

Essex.

RM13 9LX

1.    Details of the application

The Licensing Officer had advised the Sub-Committee that on 3 February 2016 he had been involved in a joint authority inspection of premises in Salamons Way. He had entered Unit 5 expecting to talk to the Site Manager of Car Breakers (Int) Ltd., a Maimouna Balde. He had noticed that the office area had been changed since his previous visit and spoke to Michalis Nzam who had informed him that his business MD Spares were now operating from the premises.

The Licensing Officer had quickly established that MD Spares were operating without a licence under the Scrap Metal Dealers Act 2013 and accordingly he had served a Closure Notice on the premises.

The Environment Agency had also spoken to Mr Nzam about him not having the correct waste disposal certificates in place for the site. Since the inspection on 3 February Mr Nzam had obtained the appropriate Certificate of Registration under the Waste (England and Wales) Regulations 2011.

On receipt of the Closure Notice Mr Nzam had responded by applying for a Site Licence for his premises on the 10 February 2016.

On his application Mr Nzam had put himself down as the sole director of MD Spares Limited and as the Site Manager.

In completing the form Mr Nzam was asked:

‘Have you, any listed partners, any listed directors, or any listed site manager(s) in this application ever been convicted of a relevant offence or been the subject of any relevant enforcement action?’

Mr Nzam had ticked the No box.

Mr Nzam had provided a Basic Disclosure from Disclosure Scotland which indicated that there were no convictions.

On receipt of the application the Licensing officer had consulted the Metropolitan Police, Environment Agency and other relevant agencies. On the 23 February a representation had been received from the Metropolitan Police stating that they did not consider Mr Nzam to be a suitable person under the Scrap Metal Dealers Act 2013.

In these circumstances and in accordance with Section 3 (1) of the Act a letter had been sent to Mr Nzam advising that his application for a site Licence had been refused. Section 3 (1) states that ‘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.’

On 14 March Mr Nzam lodged an appeal against that decision.

The Licensing Officer had explained that once a Closure Notice was served the recipient was allowed 7 days to cease trading. Failure to cease trading would result in referral to the Magistrates Court who had the option to issue a Closure Order. The Council had not applied for a Closure  ...  view the full minutes text for item 1