PART 1

REGULATION OF PRIVATE RENTED HOUSING

Licensing

Fit and proper person requirement
20
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.