Licence summary
Under the Vehicles (Crime) Act 2001 and the Motor Salvage Operators Regulation 2002, any person who wishes to carry on the business of a Motor Salvage Operator must be registered with the Local Authority in which they are operating.

A motor salvage operator is a person who carries on a business which is concerned:

• wholly or partly with 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 with the purchase of written-off vehicles and their subsequent repair and re-sale
• wholly or mainly with 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 previously mentioned.

A business shall be treated as carrying on business as a motor salvage operator in the area of the Council if:

• premises in that area are occupied by it as a motor salvage yard (i.e. premises where a motor salvage operator receives or keeps vehicles - this excludes any premises where only salvageable parts of motor vehicles are received or kept);
• no premises are occupied by it as a motor salvage yard (whether in that area or elsewhere) but the operator has his or her usual place of residence in that area; or
• no premises are occupied by it as a motor salvage yard (whether in that area or elsewhere) but premises in that area are occupied by it wholly or partly for the purposes of that business, so far as it consists of any of the activities which fall within the definition of a motor salvage operator.

“Premises” for the purposes of Part 1 of the Vehicles (Crime) Act 2001 includes any land or other place (whether or not enclosed).

Motor salvage operators will not be permitted to carry out their business unless they have registered with the local Council. It is an offence to operate a motor salvage business that has not been registered. Summary conviction of this offence may lead to a fine not exceeding level 5 (currently £5,000) on the standard scale.

Eligibility criteria

In deciding whether to approve registration, the Council must be satisfied that the applicant is a 'fit and proper' person, taking into account various unspent convictions including:

a) Theft or attempted theft of or from a motor vehicles, contrary to Section 1 of the Theft Act 1968;
b) Taking a motor vehicle without consent, contrary to Section 12 of the Theft Act 1968;
c) Aggravated vehicle taking, contrary to Section 12A of the Theft Act 1968;
d) Handling stolen goods, contrary to Section 22 of the Theft Act 1968;
e) Going equipped to steal or take a motor vehicle, contrary to Section 25 of the Theft Act 1968;
f) Interference with a motor vehicle, contrary to Section 9 of the Criminal Attempts Act 1981;
g) Tampering with a motor vehicle, contrary to Section 25 of the Road Traffic Act 1988;
h) Convictions for offences under Part 1 of the Vehicle Crimes Act 2001.

Details of any undischarged bankruptcy of the applicant or any directors or partners of the applicant business;

Information provided by the police (which must be disclosed to the applicant).

Regulation summary
A summary of the regulation relating to this licence

Application evaluation process
An application to become a registered motor salvage operator must be made to South Hams District Council if you are operating in the South Hams area.

The Licensing Department will need to know whether the business is operated as a:

• sole trader
• partnership
• body corporate (limited companies and limited liability partnerships)

In the case of a partnership or a limited company, we will need to know the number of partners or directors.

Applicants should ensure that they have the correct application form(s) to register their business. Different forms are provided for each type of legal entity, namely: sole proprietor, partnership, and body corporate. If the business is a partnership or body corporate, each partner or director will need to complete a separate part B form

Required information
South Hams District Council is required to establish and maintain a register of motor salvage operators and must ensure that the contents of the register are available for inspection by members of the public at any reasonable time. For this purpose, the following information is required upon application:

• the full name of the motor salvage operator
• the names of all the directors if the business is undertaken by a body corporate or the names of all partners, if the business is undertaken by a partnership
• the address
• if the operator is a body corporate, its registered or principal office
• each place in the South Hams area which is occupied by the motor salvage operator wholly, mainly or partly for the purpose of carrying on a business as defined in Section 1(2) of the Vehicles (Crime) Act 2001.

The Licensing Department will also need to know other information in regard to past offences and previous registration history.

Once the application form has been completed, please send to the Licensing Department at South Hams District Council. See contact details below.

Completed application forms will also be submitted to the Police for comment.

A letter of confirmation will be sent to the applicant following registration.

Fee
The application for registration must be accompanied by a fee which is non returnable.

Conditions
Once registered as a motor salvage operator you must:

• Maintain appropriate records of all vehicle purchases and disposals.
• Carry out full identification checks of vendors and purchasers; and
• Allow the police (and other investigators) the right of entry to the premises and the right of search. A warrant is not required where the police require entry to a registered premises.

The registration will last for three years and a newly-completed application form will need to be submitted to the South Hams District Council two months before the expiry of any existing registration (together with the registration fee current at that time).

A registered person is required to notify the Council of any changes to the details held on the register and to notify the cessation of business as a motor salvage operator within 28 days. Failure to do so is a criminal offence.

Target completion time
Once South Hams District Council has received the completed application and associated supporting documents (if required) from the applicant, we would expect it to be processed within 56 days. If you have not heard from us by this time please contact the Licensing Department, see details below.

Apply online
Apply to register as a Motor Salvage Operator
Tell us about a change to your existing registration

Forms to download

Application to register as a Motor Salvage Operator

Failed application redress
Please contact The Licensing Department at South Hams District Council in the first instance.

If an applicant is considered not to be a suitable person to become a registered motor salvage operator then he will be advised, in writing and given the opportunity to make representations. Guidance will be given in these procedures where applicable .If after representations have been made the Council decides to proceed with the refusal or cancellation of the registration it must serve a Notice on the applicant informing them of their decision, and also providing them with details relating to their rights of appeal against the decision.

Appeal
Right of appeal exists to the Magistrates' Court within 21 consecutive days beginning on the date of the objection notice

Fees
Click here to view fees for licence applications

Contact details

Address
The Licensing Department
South Hams District Council
Follaton House
Plymouth Road
Totnes
Devon
TQ9 5NE
Tel: 01803 861234
Fax: 01803 861294
Email: licensing@southhams.gov.uk

Public register
Click here for information on how to view the public register.

Licence holder redress
Please contact The Licensing Department at South Hams District Council in the first instance.

Consumer complaint
We would always advise that in the event of a complaint the first contact is made with the trader by you - preferably in the form a letter (with proof of delivery). If your complaint is still not resolved, if you are located in the UK, Consumer Direct will give you advice. From outside the UK contact the UK European Consumer Centre.

If you are not happy with the service the Council has provided with regard to your application, please contact the Licensing Office of the Council in the first instance, and we will try to resolve any concerns you may have.

The Council also has a formal complaints procedure. Please write to the Licensing Office at the contact address above, you may wish to send your letter by recorded delivery.

Other redress
Anyone suffering nuisance due to noise, smells or similar because of a commercial premises should contact the Environmental Health Department at South Hams District Council on 01803 861234.