Additional Licensing in York - Consultation Results and Decision on Designation
Decision Maker: Executive
Decision status: Decision Made
Is Key decision?: Yes
Is subject to call in?: Yes
Purpose of Report: The report provides an update on the city-wide,
statutory consultation undertaken in 2021 on the potential
designation of targeted Additional Licensing Scheme for HMOs with 3
or 4 occupants within the wards of Hull Road, Guildhall, Clifton,
Fishergate, Heworth, Micklegate,
Osbaldwick & Derwent, and Fulford
& Heslington and set forward
options to determine whether to designate an additional licensing
The Executive will be asked to determine whether to designate an additional HMO licensing scheme.
Decision due date for Executive changed from 19/05/2022 to 16/06/2022. Reason: Officers are still awaiting the report which analysis the data from the two consultation exercises and therefore unable to present the report for the May meeting.
Decision due date for Executive changed from 16/06/2022 to 28/07/2022. Reason: Further detailed work and analysis is required to be undertaken which cannot be completed in time for the June’s Executive.
Resolved: (i) That a designation be made of the following wards in the City of York Council as subject to Additional Licensing under Section 56(1)(a) of the Housing Act 2004 for all Houses in Multiple Occupation (HMOs), subject to the exemptions specified in Appendix 1 and Appendix 3 to the report, irrespective of the number of storeys, that contain three or four occupiers in two or more households within the following wards:
· Hull Road
· Osbaldwick and Derwent
· Fulford and Heslington.
(ii) That the designation set out in Resolution (i) above shall come into force on 1 April 2023 for a period of 5 years.
(iii) That authority be delegated to the Corporate Director of Place to sign the ‘Designation of an Area for Additional Licensing of Houses in Multiple Occupation 2022’ in accordance with the provisions set out in the Scheme of Delegations in the Council’s Constitution.
(iv) That upon signature of the designation the council will given public notice in accordance with the designation, a current draft of which notice is attached as Appendix 3 to the report.
(v) That the proposed amended fees and charges structure, as set out in Appendix 4, be adopted, and that those fees be reviewed annually to ensure they remain reasonable and proportionate and address any issues relating to surpluses or deficits in accordance with case law and the EU Services Directive.
(vi) That the amended HMO Licensing Policy 2020 at Appendix 5 be adopted, and that authority be delegated to the Corporate Director of Place to authorise amendments to the standards and conditions contained in the policy where necessary to ensure they remain reasonable and proportionate and in accordance with any relevant legislative changes.
(vii) That the creation of a stakeholders group to work collaboratively on driving up standards in the wider Private Rented Sector be supported - the composition of the group shall include representatives of organisations who have actively taken part in the consultation.
Reason: The proposal is consistent with the Council’s ambition to improve management standards and housing conditions in private rented accommodation in the city and reflects the broad support for this approach identified through stakeholder consultation.
Report author: Ruth Abbott
Publication date: 29/07/2022
Date of decision: 28/07/2022
Decided at meeting: 28/07/2022 - Executive
Effective from: 02/08/2022
- Executive Report HMO licensing July 2022 PDF 647 KB View as HTML (1) 119 KB
- Appendix 1 Considering the Case for additional licensing Consultation PDF 3 MB
- Appendix 2 York PRS licensing consultation final report PDF 4 MB View as HTML (3) 302 KB
- Appendix 3 Public Notice Designation of an area for Additional Licensing under Section PDF 134 KB View as HTML (4) 20 KB
- Appendix 4 HMO Licensing Fees PDF 127 KB View as HTML (5) 20 KB
- Appendix 5 HMO licensing Standards and Conditions PDF 395 KB View as HTML (6) 149 KB
- Appendix 6 Ward Analysis HMO PDF 249 KB
- Appendix 7 HMO additional licensing better-decision-making-tool PDF 266 KB