SCHEDULES
SCHEDULE 4Variation and revocation of HMO licences: procedure
Notice of proposal to vary or revoke
I11
1
This paragraph applies where the council proposes to vary or revoke a licence.
2
The council must serve a notice under this paragraph on—
a
the owner,
b
if the proposal is in response to an application under section 22(2)(b), the applicant, and
c
the statutory authorities.
3
If the proposal is to include a condition, or to vary an existing condition, which imposes a restriction or obligation on any person (except the owner), the council must also serve a notice on that person.
4
A notice under this paragraph must—
a
state what the council proposes to do,
b
if the council proposes to vary the licence, set out the proposed variation,
c
state the reasons for the proposed decision, and
d
specify the date by which written representations by the recipient of the notice must be made.
Notice of proposal not to vary
I22
1
This paragraph applies where the council proposes to refuse an application under section 22(2)(a) or (b) to vary a licence.
2
The council must serve a notice under this paragraph on—
a
the owner,
b
if the application was made under section 22(2)(b), the applicant, and
c
the statutory authorities.
3
A notice under this paragraph must—
a
state that the council proposes to refuse the application,
b
state the reasons for the proposed decision, and
c
specify the date by which written representations by the recipient of the notice must be made.
Hearings
I33
1
This paragraph applies if the council decides (whether on a submission by an applicant under section 22(2)(a) or (b), or on its own initiative) to hear oral representations about a proposal mentioned in paragraph 1 or 2.
2
The council must serve notice of the hearing on—
a
the owner,
b
if the proposal is in response to an application under section 22(2)(b), the applicant,
c
if the proposal is to include a condition, or to vary an existing condition, which imposes a restriction or obligation on any person (except the owner), that person, and
d
any other person the council considers to be appropriate.
3
The notice must state the date, time and place of the hearing.
4
The notice must be served not less than 7 days before the date of the proposed hearing.
Consideration of application
I44
In determining whether (and in what way) to vary a licence, or whether to revoke a licence, the council must consider—
a
any written representations made by a recipient of a notice under paragraph 1 or 2 before the date specified under paragraph 1(4)(d) or 2(3)(c), and
b
any oral representations made at a hearing under paragraph 3.
Notice of determination
I55
1
The council must serve on—
a
the owner,
b
if the decision was made on an application under section 22(2)(b), the applicant, and
c
the statutory authorities.
notice of its decision whether to vary or revoke an HMO licence.
2
If the decision is to include a condition, or to vary an existing condition, which imposes a restriction or obligation on any person (except the owner), the council must also serve a notice on that person.
3
The notice must—
a
state the council's decision,
b
if the decision is to vary a licence, be accompanied by a copy of the licence as varied,
c
if the licence is varied in terms different from those applied for, include a statement of the reasons for that difference, and
d
state the date on which the decision was made.
4
The notice must be served before the end of the period of 7 days beginning with the day on which the decision is made.
Effective date of decision
I66
A variation or revocation has effect from—
a
the last date on which the decision to vary or revoke the licence may be appealed in accordance with section 67(4), or
b
if such an appeal is made, the date on which the appeal is finally determined.