“FIT AND PROPER PERSON” A key condition for obtaining and keeping a licence – but what does it mean?

The Process Owners or managers under Mandatory or Selective licensing schemes must apply The LHA must grant a licence if it is satisfied that: The HMO is reasonably suitable, (etc). The licence holder would be a fit and proper person

The Criteria In deciding whether the person is fit and proper: the LHA must have regard to the statutory criteria set out in s.66(2). and may have regard to any other facts or matters which it considers to be relevant

Matters to which the LHA must have regard any offence involving fraud or other dishonesty, or violence or drugs, or in Sch.3 SOA 2003 practised unlawful discrimination in connection with the carrying out of any business contravened any provision of the law relating to housing or of landlord and tenant law acted other than in accordance with any code of practice for the management of HMOs

Associates LHA may take into account evidence of any of the above conduct by a person “associated, or formerly associated with”, the proposed licence holder or manager “whether on a personal, work or other basis”, if relevant.

Relevance Standard: is the LHA “satisfied”? Use your common sense Always a matter of fact and degree: a spectrum; seriousness x time x role Effect of ROA 1974 may need to be considered: “spent” convictions But lack of a conviction may not mean that the incident is not relevant

Managers, licensees and others Assumption: the person having control of the premises is the most appropriate person to hold the licence. The proposed manager, if not the licence holder, and all other persons involved in the management must also be fit and proper.

The Decision LHA not satisfied? it must refuse, and make an IMO instead Proposed reasons to be given in advance A has 14 days to make representations Right of appeal to the RPT

Guidance from the Courts Relevance of the Truthfulness of an applicant: Chief Officer Of Leicestershire v Shirley Dawn Tatam [2005] Requirement for the Possession of Qualifications: Darlington Borough Council V Malcolm Kaye [2004] Relevance of entry on Sex Offenders’ Register: Secretary Of State v Snowdon [2002]

Guidance from the Courts Length of time for determination: Re Dudley Metropolitan Borough Council (LGO, 2002) Applicant’s employers refuse to disclose their details: R v Warrington Crown Court, ex p RBNB [2002] Relevance to an application of a lack of prosecutions: R v Birmingham Licensing Justices, Ex Parte Crew [2001]

Guidance from the Courts Can conditions cure A’s lack of fitness?: Brent LBC v Reynolds [2001] Extent to which hearsay can be considered: McCool v Rushcliffe Borough Council (1998) A’s attitude to the premises’ condition: Haringey LBC v Sandhu (1987) Natural Justice: Tudor v Ellesmere Port BC (1987)