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Housing (Wales) Act 2014

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This is the original version (as it was originally enacted).

20Fit and proper person requirement

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(1)In deciding whether a person is a fit and proper person to be licensed as required by section 19(2)(a), a licensing authority must have regard to all matters it considers appropriate.

(2)Among the matters to which the licensing authority must have regard is any evidence within subsections (3) to (5).

(3)Evidence is within this subsection if it shows that the person has—

(a)committed any offence involving fraud or other dishonesty, violence, firearms or drugs or any offence listed in Schedule 3 to the Sexual Offences Act 2003 (offences attracting notification requirements),

(b)practised unlawful discrimination or harassment on the grounds of any characteristic which is a protected characteristic under section 4 of the Equality Act 2010, or victimised another person contrary to that Act, in or in connection with the carrying on of any business, or

(c)contravened any provision of the law relating to housing or landlord and tenant.

(4)Evidence is within this subsection if—

(a)it shows that any other person associated or formerly associated with the person (whether on a personal, work or other basis) has done any of the things set out in subsection (3), and

(b)it appears to the licensing authority that the evidence is relevant to the question whether the person is a fit and proper person to be licensed.

(5)Evidence is within this subsection if it shows the person has previously failed to comply with a condition of a licence granted under this Part by a licensing authority.

(6)The Welsh Ministers must give guidance to licensing authorities about deciding whether a person is a fit and proper person to be licensed as required by section 19(2)(a).

(7)The Welsh Ministers may amend this section by order to vary the evidence to which a licensing authority must have regard in deciding whether a person is a fit and proper person to be licensed.

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