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Ash
Ash, Solicitor
Category: Law
Satisfied Customers: 10915
Experience:  Solicitor with 5+ years experience
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i am a secondhand dealer not a scrapman can i still go around

Resolved Question:

i am a secondhand dealer not a scrapman can i still go around houses to pick up tvs fridges ect which are not for scrap but repair and sell without scrapmetal licence thankyou james
Submitted: 2 years ago.
Category: Law
Expert:  Alex J. replied 2 years ago.
Hi,

Thank you for your question and welcome.

If you are buying or selling second goods in a particular council borough it is common that you will be required to obtain a licence.

This will depend from borough to borough but it is likely that as you are selling the goods you will need a licence.

These tend to by by laws and really depends from borough to borough what criteria they lay down. If you are for example a charity or occasional seller of these goods then you may be exempt.

Can you provide me with any more information?

Kind regards

AJ
Customer: replied 2 years ago.

i am not buying the goods i pick them up free i have waste licence then bring home and fix then sell to other shops so what licence do i need if i havet to have one james

Expert:  Alex J. replied 2 years ago.
Hi

Thank you.

Yes you will in all likelihood need a licence to sell them as you are dealing in second hand goods.

Again it really depends on what council you live in. If you have a waste licence they may deem you exempt from having to get an additional licence as your sale of the goods could be deemed incidental or occasional

What council do you live in?

Kind regards

AJ
Customer: replied 2 years ago.

thurrock council in essex james

Expert:  Alex J. replied 2 years ago.
Hi

Thank you.

Thurock councils guidance indicates that you probably would need a scrap metal licence which means you would not need a second hand dealers licences.

They rely on the scrap metal dealers act 2013 s21 (6) on the basis that you are collecting metal goods that are considered to have reached the end of their life by the owner.

Maybe not so much in relation to TVs but certainly on relation to a fridge this would count as scrap metal and you would need a licence from Thurock council.

Kind regards

AJ
Customer: replied 2 years ago.

so if i only colected tvs i wouldnt need any licence james

Expert:  Alex J. replied 2 years ago.
Hi

Thank you.

That depends if TVs have any metal components. Some of the more modern ones contain rare earth metals.

In that case you would then probably need a second hand dealers licence to sell the TVs on.

Kind regards

AJ
Customer: replied 2 years ago.

to sell them on yes i here you but to pick up its ok then james


 

Expert:  Alex J. replied 2 years ago.
Hi

Thank you.

Unfortunately technically I do not know enough about the composition of a TV. If they have metal in them then you would need a licence if they do not they you won't need a licence.

Also I would note gold and silver and any alloy that is 2% or more gold or silver will not be deemed as scrap and therefore you do not require a licence for.

Kind regards

AJ


Customer: replied 2 years ago.

last question when i spoke to one of the enviroment people she said anyone that has put in for metal licence would not have it now they are still sorting it so at moment its ok to pick up is that right james


 

Customer: replied 2 years ago.
Relist: Incomplete answer.
Expert:  Ash replied 2 years ago.
Hello my name is XXXXX XXXXX I will help you with this. Please note that I am a working Solicitor and may be on and offline as I have to attend Court and meet with clients, even at weekends. As such you may not get an instant response when you reply as this is not an ‘on demand’ live service, but rest assured I will be giving your question my immediate attention upon return. There is no need to wait here, you will get an email when I reply.

If you can get the Council to confirm that this is the position then it would be yes.

Ordinarily you would not be able to collect UNTIL you have the licence, but local practices may apply.

So get the Council to confirm this in writing.

Can I clarify anything for you about this today please?

Alex

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