Issue - meetings

20191009 - Discretionary Licensing

Meeting: 09/10/2019 - Cabinet (Item 61)

This report seeks approval to launch a public consultation on the potential introduction of two Discretionary Licensing Schemes within the BCP area. The proposals include both Selective and Additional Licensing designations.

Discretionary Licensing schemes were introduced by the Housing Act 2004. Their purpose is to tackle problems relating to issues of crime, anti-social behaviour, poor property conditions and deprivation in areas where there is a significant private rented sector.

There are two forms of Discretionary Licensing; Additional

Licensing and Selective Licensing;

· Additional Licensing - the licencing of Houses of Multiple Occupation falling outside of the Mandatory Licensing definition

· Selective Licensing – the licensing of units of PRS accommodation within a defined area

The Housing Act 2004 sets specific criteria by way of conditions which must be met in order designate Discretionary Licensing schemes. The evidence within the report identifies that issues such as anti-social behaviour, crime, deprivation and poor housing conditions are prevalent in areas where significant amounts of private rented accommodation are present, and that these conditions have been met.

Targeted Enforcement was introduced in October 2017 in Boscombe, Eastcliff and Springbourne and has been partly effective in addressing poor housing conditions and anti-social behaviour. However, continual regulation in the form of Discretionary Licensing are likely to be significantly more impactive. The proposals set out in this report will help to address those issues and provide an important opportunity to secure lasting and impactive change in the proposed areas.

Consultation is a legal requirement and must take place before a designation can be made. Consultation should include local residents, tenants, landlords and managing agents, as well as members of the community who live in or operate businesses or services in the designated area who will beaffected. It is proposed to launch a public consultation to consider the proposals on 13January 2020 for a period of 12 weeks.

The report sets out the headline evidence and consultation plan for consideration.

A final analysis of the consultation will be produced and reported to Cabinet alongside a detailed options appraisal and recommendations following assessment.

Additional documents:

Decision:

RESOLVED that:-

(a) The Cabinet approves the commencement of a public consultation of 12 weeks with residents, private sector landlords, businesses and other stakeholders on the potential to designate two Discretionary Licensing schemes;

i) an Additional Licensing scheme across Bournemouth, Christchurch and Poole

ii) a Selective Licensing scheme across the proposed designated area

(b) The Cabinet delegates authority to the Portfolio Holder for Housing to approve on the consultation documents prior to publication.

(c) The Cabinet receives a further report detailing the outcome of the public consultation and recommendations regarding the potential implementation of Discretionary Licensing.

Voting: Unanimous

Portfolio Holder: Housing

Minutes:

The Portfolio Holder for Housing presented a report, a copy of which had been circulated to each Member and a copy of which appears as Appendix 'B' to these Minutes in the Minute Book.

Cabinet approval was sought to launch a public consultation on the potential introduction of two Discretionary Licensing Schemes within the BCP area. The proposals include both Selective and Additional Licensing designations.

A Member of the Overview and Scrutiny Board reported that the Board had requested that prior to the consultation period associated with Discretionary Licensing further information on the success of targeted enforcement be considered by Cabinet to determine whether Discretionary Licensing as necessary.

A Councillor present at the meeting expressed the view that consultation was premature, and that the consultation carried out in 2017 came to the conclusion that it wouldn’t be carried forward. In relation to this Cabinet were advised that the Government at that time had introduced new legislation and were trying to address some of the issues particularly with regards to HMOs and that as such, a licensing scheme is now required for a lot more HMOS.

The Councillor felt that that process has not yet been completed, and that consultation now on Discretionary Licensing would mean that the consultation would be taking place before the HMO licences have been licensed properly, and that it wasn’t yet properly known what the effect of that new legislation was, and that this should be given a chance to operate first.

Cabinet Members spoke in support of the item, highlighting the positive impact that this would have particularly in respect of vulnerable people.