Grant of a House of Multiple Occupation Licence
Perth and Kinross Council · 27 August 2024
Back to Licensing Committee — 27 August 2024 and its agenda
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PERTH AND KINROSS COUNCIL – LICENSING COMMITTEE 27 August 2024 REPORT BY STRATEGIC LEAD – LEGAL AND GOVERNANCE TYPE OF APPLICATION Grant of a House of Multiple Occupation Licence (HMO) APPLICANT(S) Taigh Baile Limited PREMISES (if applicable) 91 Glasgow Road, Perth, PH2 0PQ THE APPLICATION Taigh Baile Limited, the applicant, has applied for the renewal of a three-year HMO licence. The Application has been validated by Licensing Officers and was circulated for consultation. Police Scotland, Scottish Fire and Rescue, PKC Planning, Building Standards,and Environmental Health departments have stated they have no objections to the renewal of this application. The property is a semi-detached house with five bedrooms all en-suites, kitchen, dining room, living room, bathroom, and an additional toilet. The applicant has applied for a maximum occupancy of five. Two letters of objection have been received regarding this application (see attached letters of objection). LEGAL POSITION The Committee must refuse to grant an HMO licence if the applicant, any agent specified in the application and, where the applicant or agent is not an individual, any director, partner or other person concerned in the management of the applicant or agent: - (a) is disqualified from holding an HMO licence by the Court; or (b) the Committee considers that they are not a fit and proper person to be authorised to permit persons to occupy any living accommodation as an HMO. In addition, the Committee may grant an HMO licence only if it considers that the living accommodation concerned: - (a) is suitable for occupation as an HMO, or (b) can be made so suitable by including conditions in the HMO licence.
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In determining whether any living accommodation is, or can be made to be, suitable for occupations an HMO, the Committee must consider: - (a) its location, (b) its condition, (c) any amenities it contains, (d) the type and number of persons likely to occupy it, (e) whether any rooms within it have been subdivided, (f) whether any rooms within it have been adapted and that has resulted in an alteration to the situation of the water and drainage pipes within it, (g) the safety and security of persons likely to occupy it, and (h) the possibility of undue public nuisance. OPTIONS The Committee need to consider whether the objections received relate to the activity of a House of Multiple Occupation Licence. The options open to the Committee are therefore to: grant the application; grant the application for a shorter period of time; grant the application with additional conditions; or refuse the application if one of the grounds for refusal exist. PROCEDURE Identify parties Consider any preliminary issues Members of the public speak to their objections Committee asks any questions to the objectors Applicant makes submission Committee asks any questions of the applicant Objectors sum up Applicant sum up Committee makes decision
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Annex A – Mandatory Conditions 1. The licence has been granted for 3 years or such shorter period as determined by the Council and is valid to the date shown on the licence. The licence must be made available for inspection on request by any authorised officer of Police Force of Scotland, Scottish Fire and Rescue Service, the Council or any member of the public. The licence must not be altered, erased or defaced in any way. 2. The licensed premises shall comply with Perth & Kinross Council’s “Standards for Shared Accommodation”. 3. If there is a material change of circumstance affecting the Licensee or the operation of the HMO, the Licensee must inform the Licensing Department as soon as possible. No alteration must be made to the property without the prior written consent of Perth & Kinross Council. 4. The granting of a licence requires the Licensee to give notice in writing to every occupier of premises in the same building and the occupiers of adjoining premises, advising them of the name of the Licensee or managing agent, a contact address, daytime telephone number and emergency telephone contact number. This condition of licence must be complied within 4 weeks of the issuing of a licence, and written documentation lodged with Perth & Kinross Council’s HMO Section verifying such. For the purposes of this condition, “common boundary” means any land or buildings which share a boundary with the land on which the licensed premises are situated or are on the opposite side from the licensed premises of any road, pathway or common area less than 20 meters in width. Where the licensed premises are in a sub-divided building, notification requires to be made to all other parts of that building, in addition to any land or buildings falling within the terms of the preceding sentence. Where any such adjoining buildings are themselves part of a sub-divided building, all parts of that building require to be notified. 5. Where appropriate, the Licensee shall comply with the Food Safety Act 1990, and any regulations thereunder. The Food Hygiene Regulations, The Heath and Safety at Work Act 1974, and any regulations thereunder and The Furniture and Furnishings (Fire) Safety Regulations 1988. 6. All licensed premises shall be provided with: i Adequate means of escape in case of fire. ii Adequate means of ensuring that the means of escape can be safely and effectively used at all times. iii Adequate and suitable fire-fighting equipment. iv An adequate fire alarm system. v An adequate number of smoke detectors and carbon monoxide detectors. vi An adequate number of Notices detailing procedures in the event of fire.
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Further information relating to this is contained in “Fire Safety – An Employers Guide” (ISBN 0-11-341229-0) 7. The equipment required to comply with these conditions shall be adequately maintained at all times, and it shall be the responsibility of the Licensee to ensure sufficient instructions are given to the residents of the licensed premises regarding the procedures to be followed in the event of a fire. 8. To ensure an adequate electric supply is maintained to the installed Fire Detection system, where credit card meters are in use, the Licensee will be responsible for ensuring that the meters remain in credit. 9. The use of the licensed premises must comply with the terms of any planning permission and/or listed building consent issued by Perth & Kinross Council. 10. The number of persons residing in the premises shall not exceed the maximum number stated on the licence. The use and occupancy levels of each room shall not be changed without the approval of Perth & Kinross Council. Any change may be subject to a variation fee. 11. The Licensee shall allow access to the premises at any reasonable time to the following officials for licensing purposes: i Any officer of Perth & Kinross Council. ii Any officer of Scottish Fire and Rescue Service. iii Any officer of the Police Force of Scotland. 12. The Licensee shall ensure that up to date records are maintained for all residents. These records shall be made available on request to officers of Perth & Kinross Council, and shall include the following details: i Each resident’s full name. ii Dates of entry and departure of each resident. iii Records of rental payments and arrears. 13. The Licensee shall comply with all relevant legislation affecting private sector residential tenancies – including Tolerable Standard and Repairing Standard. 14. Written occupancy agreements for each tenant must be provided and state what each person is responsible for and must meet with the approval of Perth & Kinross Council. Once approved, the occupancy agreement must not be altered unless the Licensee obtains further approval from Perth &
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Kinross Council. The tenancy agreement should also be made available in other languages if appropriate. 15. The Licensee will be responsible for the day to day running of the premises, and for ensuring that residents comply with the terms of their Lease/Tenancy Agreement and in particular to deal effectively with any anti-social behaviour by tenants to anyone else in the HMO or in the locality of the HMO. 16. Only rent books, occupancy records and tenancy agreements approved by the licensing authority shall be used. 17. Where rent is payable weekly, payments shall be recorded in a rent book, which will be retained by the resident. Otherwise, a written receipt of each rental payment shall be issued to residents. 18. From 2 July 2012 a landlord must apply to a Tenancy Deposit Scheme within 30 working days of the beginning of the tenancy if a sum of money is held as security in connection with a tenancy or an occupancy agreement. Further information on the current schemes can be found at www.pkc.gov.uk/housing/privatehousing/tenancydepositscheme. 19. The Licensee shall provide the tenant with confirmation of receipt of the deposit, confirmation of the date it was paid to an approved scheme, the name and contact details for the scheme holding the deposit, the address to which the deposit relates and the reasons why part or all of the deposit might be withheld at the end of the tenancy, with reference to the tenancy agreement. 20. Actions to secure repossession must only be by lawful means. 21. The Licensee shall be responsible for ensuring that all electrical installations are in accordance with the current IEE Wiring Regulations, and gas installations comply with the Gas Safety (Installation and Use) Regulations 1998. Gas and electrical appliances provided by the Licensee must be maintained in a safe and satisfactory condition. Tenant’s appliances should be in good repair, used for the intended purpose, and suitable for the intended purpose. 22. Liquefied Petroleum Gas (LPG)/heaters shall not be used or stored on the premises. 23. The Licensee shall comply with the current regulations regarding maximum re-sale prices of gas and electricity supplied, as appropriate. 24. The premises will be provided with adequate heating, lighting and ventilation in accordance with Approved Standards (Repairing Standard and Tolerable Standard).
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25. The Licensee should ensure that let rooms are fitted with a lever latch and secured with a suitable lock and thumb turn mechanism. 26. The building should be maintained in a reasonable state of repair, having regard to its age, type and location. Garden and refuse areas should also be adequately maintained. Where a HMO is in a shared building the licence holder must co-operate and participate in the general repair and maintenance of the building and the cleaning of common parts. 27. Adequate and suitable facilities must be provided for the storage and disposal of refuse. Where bins are provided to terraced and tenement property they must be clearly identified by flat or property address. The Licensee must ensure that the tenants utilise the bins provided and ensure that refuse or bins are placed out on collection day and that bins are returned to the bin storage area following collection. The licence holder should take reasonable steps to ensure that at the end of a tenancy or term-time, all tenants dispose of their rubbish responsibly when the tenant/s leave the premises. 28. The Licensee will ensure that resident’s mail is made available to residents on a daily basis. 29. The Licensee shall maintain comprehensive Building Insurance and Property Owner’s Liability Insurance in accordance with Perth and Kinross Council’s ‘Standards for Shared Accommodation’. 30. These shall be retained in the Tenants Information Folder where they can be conveniently read by residents. 31. The Licensee shall retain the licence and these conditions in the Tenants Information Folder within the premises where it can be conveniently read by residents. 32. The licensed premises shall be managed in accordance with the terms of Perth & Kinross Council Management Standards for Houses in Multiple Occupation Physical and Tenancy Standards. The Licensee or the appointed agent shall ensure that a copy of the “Tenant Information Folder” containing the prescribed information is available within the premises in an easily-accessible location at all times when there are persons in residence. The information shall be in the form submitted to, and approved by, the Licensing Department as part of the application process. Certification, e.g. Gas safety certificate, contained in the folder must be current. 33. All bathrooms and shower rooms should be provided with an IP44 rated light fitting. 34. Any chimneys/flues that are in use must be cleaned annually.