Manchester City Council
Licensing & Appeals Committee
Item 7
5 July 2010
Manchester City Council
Report for Resolution
Report To:
Licensing & Appeals Committee – 5 July 2010
Subject:
Consultation proposals regarding Motor Salvage Operators
Report of:
Head of Street Management and Enforcement
Summary
The report seeks the Committee’s approval to undertake a 4 week consultation
exercise regarding a proposed policy that will be used to assist in determining
whether an applicant for a motor salvage operator’s registration is a “fit and proper”
person.
Recommendation
That the Committee approve the consultation exercise in respect of motor salvage
operator’s registration.
That the findings of the consultation are brought back to the Committee and a Policy
adopted.
Wards Affected:
Financial Consequences – Revenue
Financial Consequences – Capital
Contact Officers:
Name: Jenette Hicks
Position: Licensing Unit Manager
Telephone: 0161 234 4962
E-mail: j.hicks1@manchester.gov.uk
Name: Fraser Swift
Position: Principal Licensing Officer
(Premises)
Telephone: 0161 234 1176
E-mail: f.swift@manchester.gov.uk
Manchester City Council
Licensing & Appeals Committee
Item 7
5 July 2010
1.
Introduction
1.1
The Vehicles (Crime) Act 2001, Motor Salvage Operators Regulations 2002
and the Motor Salvage Operators (specified offences) Order 2002 provide the
legal framework for local authorities to register Motor Salvage Operators and
also prescribe requirements in relation to record keeping, as well as creating
offences relating to the regulatory regime.
A motor salvage operator is defined as a person who carries on a business
which consists of:
1
2
3
4
1.2
wholly or partly in the recovery for re-use or sale of salvageable parts
from motor vehicles and the subsequent sale or other disposal for
scrap of the remainder of the vehicles concerned;
wholly or mainly in the purchase of written-off vehicles and their
subsequent repair and re-sale;
wholly or mainly in the sale or purchase of motor vehicles which are to
be the subject (whether immediately or on a subsequent re-sale) of any
of the activities mentioned in points 1 and 2 above; or
wholly or mainly in activities falling within points 2 and 3 above.
Motor salvage operators are required to
•
•
•
•
Register with the local authority where they operate.
Maintain appropriate records of all vehicles.
Carry out identification checks of vendors and purchases.
Allow the police the right of entry to the premises, and the right to
search the premises.
1.3
Upon receipt of an application for registration, the local authority is required to
register that applicant unless they are satisfied that he is not a fit and proper
person to operate as a Motor Salvage Operator. Whether someone is a fit and
proper person is, therefore, a key issue for the local authority when
considering such matters.
1.4
The legislation does not prescribe what determines “fit and proper” however
the Vehicles Crime Act 2001 requires that the local authority shall have
particular regard to whether the applicant has been convicted of any offences
under Part 1 of that Act and the offences prescribed in the Motor Salvage
Operators (Specified Offences) Order 2002.
Whilst the authority is required to have particular regard to these offences, it is
not restricted to solely taking them into account, and can therefore properly
take into account other matters which may impact on whether an individual is
considered as fit and proper for the purposes of the Act.
1.5
The proposed consultation exercise is in respect of the draft policy attached at
Appendix 1 which outlines the issues that Manchester City Council will
normally take into account when determining whether an applicant to register
as a Motor Salvage Operator is a “fit and proper” person.
Manchester City Council
Licensing & Appeals Committee
Item 7
5 July 2010
2.
Report
2.1
A Motor Salvage Operator is not an occupation recognised as requiring an
enhanced CRB disclosure, therefore the City Council cannot require one to be
submitted as part of the application procedure, as it can in other legislative
regimes such as private hire driver licence applications.
2.2
As such there have been lengthy discussions with colleagues within GMP in
respect of establishing a protocol regarding the management and
responsibility for data disclosure to the local authority in respect of a GMP
police check.
2.3
A protocol has been agreed between the two agencies and the local authority
is now in a position to consider applications.
2.4
It is recognised that a Council Policy in relation to determining “fit and proper”
in respect of Motor Salvage Operators would be helpful to both applicants and
decision makers, in accordance with good practice it is proposed that a
consultation exercise is undertaken in respect of the draft policy (Appendix 1).
3.
Consultation
3.1
Although Government guidance advises that consultation exercises would
normally be undertaken over a 12 week period it is proposed that in this
instance the consultation period is reduced to 4 weeks.
3.2
The reasons for the suggested reduction in the consultation are as follows:•
Only a small number of Motor salvage operators are thought to operate
in the City.
•
GMP intends to commence implementation of enforcement and
monitoring activities within this trade to ensure that opportunities for
Motor vehicle crime are minimised.
3.3
A list of suggested consultees is provided at Appendix 2
4.
Conclusion
4.1
The report provides information on the legal framework associated with the
implementation of requirements in respect of Part 1 of the Vehicles Crime Act
and Association legislation.
4.2
The report seeks Committee’s approval to consult on the proposed draft
policy. Following consultation, the policy and the consultation response will be
brought back to the Licensing and Appeals Committee to consider any
responses and formally adopt the policy, with any amendments which may be
identified as a result of the consultations. The Policy would then provide a
framework to assist the Committee in determining whether an applicant was fit
and proper to be registered as a Motor salvage operator.
Manchester City Council
Licensing & Appeals Committee
Item 7 - Appendix 1
5 July 2010
Draft policy for consideration
Manchester City Council
Policy for determining “fit and proper” in connection with applications for
registration as a motor salvage operator
Vehicles (Crime) Act 2001
NOTE: In the Council’s view this statement and the guidelines that follow are
compatible with the rights and freedoms under the European Convention on
Human Rights.
1. An applicant to act as a motor salvage operator may only be registered where
the Council is satisfied that the applicant is a fit and proper person to be so
registered.
2. The policy is intended to give guidance on whether a person is or is not a fit
and proper person.
3. The Council is concerned to ensure
a. That a person is a fit and proper person.
b. That the public are safeguarded from dishonest persons
4. The public do not normally attend hearings for applications to register as a
motor salvage operator. The Licensing and Appeals Committee however are
required to take account of the public’s human rights in reaching their
decisions.
5. When submitting an application for registration, applicants are required to
consent to checks being made with Greater Manchester Police.
6. The information given by Greater Manchester Police will be treated in
confidence and will only be taken into account in relation to the relevant
application to assist the Council in determining whether the applicant is a fit
and proper person to be registered, or continue to be registered, as a motor
salvage operator under the provisions of the Vehicles (Crime) Act 2001.
7. Information received from the Greater Manchester Police and other agencies
consulted in connection with an application will be kept in strict confidence
while the registration process takes its course and will be retained no longer
than is necessary and in any event will be destroyed in accordance with the
requirements of the Data Protection Act 1998 and in accordance with good
practice after the application is determined or any appeal against such
determination is decided.
8. A criminal record or other information (including other information relating to
criminal matters) will not necessarily debar an applicant from being registered.
Whether or not an applicant will be registered will depend upon whether or not
Manchester City Council
Licensing & Appeals Committee
Item 7 - Appendix 1
5 July 2010
they can satisfy the Council that they are a fit and proper person to be so
registered.
9. The Council may fail to be satisfied that an applicant is a fit and proper person
to be registered for any good reason. If adequate evidence that a person is a
fit and proper person is not adduced or if there is good reason to question or
doubt the evidence provided, then that could amount to good reason to refuse
a registration.
10. In considering evidence of an applicant’s good character and fitness to be
registered, where previous convictions or other information (including
information relating to criminal matters is disclosed) the Council will consider
the nature of the offence, when it was committed, the date of conviction, the
applicant’s age when the offence was committed and any other factors which
might be relevant.
11. Where an applicant has been convicted of a criminal offence, the Council
cannot review the merits of the conviction [Nottingham City Council v.
Mohammed Farooq (1998)].
12. The guidelines do not deal with every type of offence, and do not prevent the
Council from taking into account offences, or other conduct, not specifically
addressed in the guidelines, which may be relevant to an individual’s
application. If an applicant has a conviction for an offence not covered by the
guidelines, or if other relevant information relating to the individual’s conduct is
provided, regard will be had to the factors at paragraph 10 when deciding
whether any action should be taken.
13. Offences described in the guidelines and similar offences, though differently
entitled in any statutory provision, modification or re-enactment, will be taken
into account in accordance with the guidelines
14. The guidelines are not an attempt to define what is a “fit and proper person”.
15. Any applicant refused registration, or who has had their registration cancelled,
on the ground that the Council is not satisfied he is a fit and proper person to
be so registered has a right of appeal to the Magistrates’ Court within 21 days
of the notice of refusal.
16. The guidelines will also be taken into account by the Council when dealing
with applications for the renewal of existing registration and when considering
whether to cancel an existing Motor Salvage Operators registration.
Consultees on applications for registration
The Council will usually consult with, or seek information from, the following agencies
before making a decision whether to register and applicant as a motor salvage
operator:
Greater Manchester Police
Trading Standards
Other relevant services within the City Council
Manchester City Council
Licensing & Appeals Committee
Item 7 - Appendix 1
5 July 2010
GUIDELINES ON THE RELEVANCE OF PREVIOUS CONVICTIONS AND OTHER
INFORMATION
General Policy
Each case will be decided on its own merits.
The Council has a duty to ensure so far as possible that individuals are fit and proper
persons to be registered. One aspect of that is the extent to which previous
convictions, including but not limited to the convictions listed below, indicate that a
person is not a fit and proper person, and that the public are safeguarded from
dishonest persons
A person with a conviction for a serious offence need not be automatically barred
from being registered, but would normally be expected to (a) remain free of
conviction for an appropriate period and (b) show adequate evidence that he or she
is a fit and proper person to be registered (the onus is on the applicant to produce
such evidence). Simply remaining free of conviction will not generally be regarded as
adequate evidence that a person is a fit and proper person to be registered.
Amongst situations where it may be appropriate to depart from the general policy, for
example, may be situations where the offence is an isolated one with mitigating
circumstances. Similarly, multiple offences or a series of offences over a period of
time are likely to give greater cause for concern and may demonstrate a pattern of
inappropriate behaviour, which will be taken into account.
The following examples afford a general guide as to the types of convictions which
will normally be taken into account. For the purposes of this policy, cautions will be
treated as convictions. Only unspent convictions will be taken into account.
A conviction for any offence under the Vehicles (Crime) Act 2001
Theft / attempted theft of or from a motor vehicle (Theft Act 1968,section 1)
Taking a motor vehicle without consent (Theft Act 1968, section 12)
Aggravated vehicle taking (Theft Act 1968, section 12a)
Handling stolen goods (Theft Act 1968, section 22)
Going equipped to steal or take a motor vehicle (Theft Act, section 25)
Interference with a motor vehicle (Criminal Attempts Act 1981, section 9)
Tampering with a motor vehicle (Road Traffic Act 1988, section 25).
In addition to the above, any other information which may be relevant to any
application may also be taken into account.
In relation to planning issues, the non existence of appropriate planning consents
may not be a relevant consideration in terms of an application for a Motor Salvage
Manchester City Council
Licensing & Appeals Committee
Item 7 - Appendix 1
5 July 2010
Operators registration, (clearly this would be an issue for planning enforcement),
however if an applicant has knowingly not complied and been unwilling to comply
with local authority statutory requirements this may be a relevant consideration in
relation to any application to register as a Motor Salvage Operator.
Where any relevant information is disclosed the application shall be considered at a
hearing of the Licensing and Appeals Committee.
The applicant together with his/her representatives will be invited to attend the
hearing as will any party that has submitted relevant information.
Manchester City Council
Licensing & Appeals Committee
List of Proposed consultees.
All scrap metal dealers registered with the City Council
Greater Manchester Police
Manchester City Council – Trading standards officers
Manchester City Council – Planning service
Manchester Magistrates Court
British metals recycling association
Car and Accessory trade
Motor vehicle dismantlers association
Motor vehicle repairers association
Street scene services.
Item 7 – Appendix 2
5 July 2010