Agenda and minutes

            Apologies for inability to attend were reported on behalf of the Deputy Lord Mayor (Councillor M. Kelly) and Councillors Bradley, Howard and Nelson.

            No declarations of interest were reported.

            The HMO Unit Manager submitted for the Committee’s consideration the following report:

“1.0     Purpose of Report/Summary of Main Issues

            To consider an application for a Licence permitting the use of premises as a House in Multiple Occupation (HMO).

1.2       The Committee is reminded that licences are issued for a 5 - year period with standard conditions. Where it is considered necessary to do so, the Committee can also impose special conditions. 

            Background

1.3       The property was previously licensed as an HMO in the name of the previous owner who sold the property on 5th April 2019, at which time the licence, in accordance with Section 28 of the Houses in Multiple Occupation Act (Northern Ireland) 2016, ceased to have effect.

1.4       On 9th August 2021, an HMO licence application was received from the owners of the accommodation.  

1.5       On 2nd September 2021, a Temporary Exemption Notice ‘TEN’ was granted.

2.0       Recommendations

2.1       Taking into account the information presented, the Committee is asked to hear from the applicant and make a decision to either:

                                          (i)   grant the application, with or without any special conditions; or

                                        (ii)   refuse the application.

2.2       If the application is refused, the applicant has a right of appeal to the County Court. Such an appeal must be lodged within 28 days of formal notification of the decision.

3.0       Main Report

            Key Issues

3.1       Pursuant to the 2016 Act, the Council may only grant a licence if it is satisfied that:

a)     the occupation of the living accommodation as an HMO would not constitute a breach of planning control;

b)     the owner, and any managing agent of it, are fit and proper persons;

c)     the proposed management arrangements are satisfactory);

d)     the granting of the licence will not result in overprovision of HMOs in the locality;

e)     the living accommodation is fit for human habitation and—

                                                  (i)     is suitable for occupation as an HMO by the number of persons to be specified in the licence, or

                                                (ii)     can be made so suitable by including conditions in the licence.

            Planning

3.2       As this is a new application, the HMO Unit consulted with the Council’s Planning Service, which confirmed that a Certificate of Lawful Use or Developmentwas granted on 8th June 2021, with the planning reference LA04/2018/1161/LDE  

            Fitness

3.3       When considering the fitness of an applicant, the Council must have regard to any offences concerning fraud/ dishonesty, violence, drugs, human trafficking, firearms, sexual offences, unlawful discrimination in, or in connection with, the carrying on of any business; or any provision of the law relating to housing or of landlord and tenant law. It also permits the Council to take into account any other matter which the council considers to be relevant.

3.4       The NIHMO Unit has consulted with the following units within the Council’s City and Neighbourhood Services Department –

(a)   Environmental Protection Unit (‘EPU’) – it has  ...  view the full minutes text for item 4.