Agenda item

Selective and Additional Licensing in the Private Rented Sector in Brent

In April 2014 the Executive approved the introduction of an Additional Licensing scheme, covering all Houses in Multiple Occupation (HMOs) in the borough and in August 2014 approved the introduction of a Selective Licensing scheme, covering all private rented housing in the wards of Harlesden, Wembley Central and Willesden Green.  Both schemes came into effect in January 2015 and run to 31st December 2019. In June 2018 the selective licensing scheme was extended to the electoral wards of Dudden Hill, Kensal Green, Kilburn, Mapesbury and Queens Park. This latter designation will run until May 2023.

 

This report makes recommendations in relation to the operation of Additional & Selective Licensing Schemes within the Borough beyond 31 December 2019.

Decision:

RESOLVED:

 

     i)        Cabinet noted the outcome of the consultation process detailed in the Consultation Findings Report of September 2019 as set out in Appendix 1, in particular the representations received and the Council’s consideration thereof, and the response to these representations as set out in Appendix 2.

 

    ii)        Cabinet noted the consultation evidence set out in Appendix 3 relating to the problems being caused by poorly managed HMOs, and also that the report has considered that additional licensing will assist the Council in achieving wider objectives, as well as alternatives to additional licensing.

 

   iii)        Cabinet noted the content of the Equality Impact Assessment as set out in Appendix 10.

 

   iv)        Cabinet agreed, subject to recommendations 1 – 3 above, that the legal requirements for introducing additional licensing for the whole of the Borough of Brent as set out in paragraphs 10.1 to 10.6 of the report have been met.

 

    v)        Cabinet agreed, subject to recommendations 1 – 3 above, that the Council using its powers under section 56 of the Housing Act 2004, to renew and authorise the designation of the entire Borough of Brent as an area subject to additional licensing to last for five years from 1st February 2020 or on a later date to be set by the Strategic Director of Community Wellbeing as delineated and edged red on the map at Appendix 5.

 

   vi)        Cabinet agreed that the evidence report set out in Appendix 3, highlights that the legal requirements as set out in the report, paragraphs 10.11 to 10.21, for introducing Selective Licensing on the grounds of anti-social behaviour (ASB); and/or poor property conditions; and/or high levels of deprivation have been met with regard to the proposed selective licensing designation areas as summarised in table 2 in section 5.0 of the report.

 

  vii)        Cabinet agreed, subject to recommendations 1 – 3 above, to authorise the designation of four areas for selective licensing to last for five years from the date of designations coming into force, and which cover the following Council wards as delineated and edged red on the map(s) in appendices 4A to 4D:

                      i.        Designation 1: A selective licensing scheme designation in the wards of Harlesden, Wembley Central and Willesden Green wards under Part 3, s.80 Housing Act 2004 on the grounds of poor housing (property) conditions and ASB with effect from 1st April 2020, or at a later date in accordance with the statutory time required for the scheme to come into force.

                    ii.        A selective licensing scheme under Part 3, s.80 Housing Act 2004 to the following designated areas of the borough with effect from 1st April 2020, or at a later date in accordance with the statutory time required for the scheme to come into force,

for the reasons as follows:

 

Designation 2: Queensbury, Fryent and Brondesbury Park – this is along the A5 corridor and on the Grounds; Poor Housing (Property) Conditions and ASB


Designation 3: Barnhill and Welsh Harp – Grounds; Poor Housing (Property Conditions), Deprivation and ASB

 

Designation 4: Northwick Park, Preston, Tokyngton (Excluding Wembley Park), Alperton and Sudbury on the Grounds; Poor Housing (Property) Conditions and ASB.

 

viii)        Cabinet agreed to seek consent from the Secretary of State for the designation for Selective Licensing of the four designation areas as set out in appendices 4A to 4D and paragraph 2.7, which will last for five years from the date of the designation(s) coming into force, if approved by the Secretary of State.

   ix)        Cabinet agreed the authority to issue the required statutory notifications in relation to the Additional and Selective Licensing Scheme designations be delegated to the Strategic Director of Community Wellbeing, in consultation with the Lead member for Housing and Welfare Reform.

 

    x)        Cabinet agreed that, subject to the issue of statutory notifications, that the Strategic Director of Community Wellbeing, in consultation with the Lead Member for Housing and Welfare Reform be authorised to decide the date from which the council will begin to accept applications for Additional licensing.

 

   xi)        Cabinet agreed that, subject to consent being obtained from the Secretary of State, and the issue of statutory notifications, that the Strategic Director of Community Wellbeing, in consultation with the Lead Member for Housing and Welfare reform be authorised to decide the date from which the council will begin to accept applications for Selective Licensing for each of the four designated areas and decide the date on which the designations and the extended Selective Licensing scheme will come into effect.

 

  xii)        Cabinet agreed that the licensing conditions for the proposed designation areas for additional licensing as set out in Appendix 8, and for selective licensing as set out in Appendix 9 be approved and authorised the Strategic Director for Community Wellbeing, in consultation with the Lead Member for Housing and Welfare Reform, to make any minor variations to such licensing conditions.

 

xiii)        Cabinet agreed to the proposed fee structure for licence applications under the Additional and Selective Licensing schemes set out in Appendix 7.

xiv)        Cabinet agreed that authority be delegated to the Strategic Director of Community Wellbeing, in consultation with the Lead Member for Housing and Welfare Reform to agree the basis for and level of any changes including discounts which may be applied to these licensing application fees.

 

 xv)        Cabinet noted that the Additional and Selective Licensing schemes will be kept under review at least annually. Any significant changes, including the withdrawal of a licensing designation or a proposal to introduce any new designation(s), will be subject to further consultation and a decision by Cabinet.

Minutes:

Councillor Ellie Southwood, Cabinet Member for Housing & Welfare Reform, reminded Cabinet Members that in April 2014 the Executive approved the introduction of an Additional Licensing scheme, covering all Houses in Multiple Occupation (HMOs) in the borough and in August 2014 approved the introduction of a Selective Licensing scheme, covering all private rented housing in the wards of Harlesden, Wembley Central and Willesden Green. 

 

Cabinet noted that both schemes came into effect in January 2015 and run to 31st December 2019. In June 2018 the selective licensing scheme was extended to the electoral wards of Dudden Hill, Kensal Green, Kilburn, Mapesbury and Queens Park. This latter designation will run until May 2023.

 

Councillor Southwood stated that, under the licensing schemes, landlords of privately rented homes within the designations are required to apply to the Council for licences for which fees must be paid. Where licences are granted, the Licence Holder and Manager, if different, are required to comply with property management licence conditions.

 

Councillor Southwood stated that it had been agreed to consult on proposals to renew the 2014 additional and selective licensing and on extending selective licensing to other areas of the borough.

 

RESOLVED:

 

     i)        Cabinet noted the outcome of the consultation process detailed in the Consultation Findings Report of September 2019 as set out in Appendix 1, in particular, the representations received and the Council’s consideration thereof, and the response to these representations as set out in Appendix 2.

 

    ii)        Cabinet noted the consultation evidence set out in Appendix 3 relating to the problems being caused by poorly managed HMOs, and also that the report has considered that additional licensing will assist the Council in achieving wider objectives, as well as alternatives to additional licensing.

 

   iii)        Cabinet noted the content of the Equality Impact Assessment as set out in Appendix 10.

 

   iv)        Cabinet agreed, subject to recommendations 1 – 3 above, that the legal requirements for introducing additional licensing for the whole of the Borough of Brent as set out in paragraphs 10.1 to 10.6 of the report have been met.

 

    v)        Cabinet agreed, subject to recommendations 1 – 3 above, that the Council using its powers under section 56 of the Housing Act 2004, to renew and authorise the designation of the entire Borough of Brent as an area subject to additional licensing to last for five years from 1st February 2020 or on a later date to be set by the Strategic Director of Community Wellbeing as delineated and edged red on the map at Appendix 5.

 

   vi)        Cabinet agreed that the evidence report set out in Appendix 3, highlights that the legal requirements as set out in the report, paragraphs 10.11 to 10.21, for introducing Selective Licensing on the grounds of anti-social behaviour (ASB); and/or poor property conditions; and/or high levels of deprivation have been met with regard to the proposed selective licensing designation areas as summarised in table 2 in section 5.0 of the report.

 

  vii)        Cabinet agreed, subject to recommendations 1 – 3 above, to authorise the designation of four areas for selective licensing to last for five years from the date of designations coming into force, and which cover the following Council wards as delineated and edged red on the map(s) in appendices 4A to 4D:

                      i.        Designation 1: A selective licensing scheme designation in the wards of Harlesden, Wembley Central and Willesden Green wards under Part 3, s.80 Housing Act 2004 on the grounds of poor housing (property) conditions and ASB with effect from 1st April 2020, or at a later date in accordance with the statutory time required for the scheme to come into force.

                    ii.        A selective licensing scheme under Part 3, s.80 Housing Act 2004 to the following designated areas of the borough with effect from 1st April 2020, or at a later date in accordance with the statutory time required for the scheme to come into force,

for the reasons as follows:

 

Designation 2: Queensbury, Fryent and Brondesbury Park – this is along the A5 corridor and on the Grounds; Poor Housing (Property) Conditions and ASB


Designation 3: Barnhill and Welsh Harp – Grounds; Poor Housing (Property Conditions), Deprivation and ASB

 

Designation 4: Northwick Park, Preston, Tokyngton (Excluding Wembley Park), Alperton and Sudbury on the Grounds; Poor Housing (Property) Conditions and ASB.

 

viii)        Cabinet agreed to seek consent from the Secretary of State for the designation for Selective Licensing of the four designation areas as set out in appendices 4A to 4D and paragraph 2.7, which will last for five years from the date of the designation(s) coming into force, if approved by the Secretary of State.

 

   ix)        Cabinet agreed the authority to issue the required statutory notifications in relation to the Additional and Selective Licensing Scheme designations be delegated to the Strategic Director of Community Wellbeing, in consultation with the Lead member for Housing and Welfare Reform.

 

    x)        Cabinet agreed that, subject to the issue of statutory notifications, that the Strategic Director of Community Wellbeing, in consultation with the Lead Member for Housing and Welfare Reform be authorised to decide the date from which the council will begin to accept applications for Additional licensing.

 

   xi)        Cabinet agreed that, subject to consent being obtained from the Secretary of State, and the issue of statutory notifications, that the Strategic Director of Community Wellbeing, in consultation with the Lead Member for Housing and Welfare reform be authorised to decide the date from which the council will begin to accept applications for Selective Licensing for each of the four designated areas and decide the date on which the designations and the extended Selective Licensing scheme will come into effect.

 

  xii)        Cabinet agreed that the licensing conditions for the proposed designation areas for additional licensing as set out in Appendix 8, and for selective licensing as set out in Appendix 9 be approved and authorised the Strategic Director for Community Wellbeing, in consultation with the Lead Member for Housing and Welfare Reform, to make any minor variations to such licensing conditions.

 

xiii)        Cabinet agreed to the proposed fee structure for licence applications under the Additional and Selective Licensing schemes set out in Appendix 7.

xiv)        Cabinet agreed that authority be delegated to the Strategic Director of Community Wellbeing, in consultation with the Lead Member for Housing and Welfare Reform to agree the basis for and level of any changes including discounts which may be applied to these licensing application fees.

 

 xv)        Cabinet noted that the Additional and Selective Licensing schemes will be kept under review at least annually. Any significant changes, including the withdrawal of a licensing designation or a proposal to introduce any new designation(s), will be subject to further consultation and a decision by Cabinet.

Supporting documents: