Making a Representation to an HMO Licence

When can I make a Representation?

A 21 day consultation period begins from the date an application for an HMO Licence is lodged with the Council. During the consultation period anyone can make a representation for or against the application.

A public notice will be displayed by the applicant at or near the property on the day the application is lodged providing details of the application and the last date for making any representation.

What information should a Representation against an application contain?

The Council can only take into account the following in determining an application for an HMO Licence:-

The Council may grant a licence only if it considers the property to be licensed is:

• Suitable for occupation as an HMO; or

• Can be made suitable by including conditions in the HMO licence

In determining whether a property is suitable the Council can consider:-

• its location and its condition;

• any amenities it contains;

• the type and number of people likely to occupy it and the safety and security of those persons;

• the possibility of undue public nuisance;

• whether any rooms within it have been subdivided or whether any rooms within it have been adapted and that has resulted in an alteration to the situation of the water and drainage pipes within it.

The Council may also refuse an application if it considers that the applicant or anyone else detailed on the application is not a fit and proper person.  In particular, the Council will take into account whether the licence holder has complied with the  Code of Conduct [84kb].

The terms of your representation should be relevant to the matters the Council can take into consideration. Frivolous or vexatious representations will not be considered.

If you are of the view that the application could be granted if the applicant agreed to specific conditions or similar criteria, you may wish to set that out in your representation.

What information should a Representation in support of an application contain?

If you are submitting a representation in support of an application you should consider setting out the reasons why you are in favour of the application being granted.

What is the deadline for submitting a Representation?

Your representation should be received by the Council on or before the last day of the 21 day consultation period to ensure that it is taken into account when determining the application.

If your representation is received after the consultation period it will be treated as "late". This means that it may still be taken into account but you will have to explain the reason why the representation was not submitted in time.

It will be for the Council's Licensing and Regulatory Committee to determine whether they are satisfied that there was good reason why your comments were submitted late.

How do I submit my Representation?

Your representation must:-

• be in writing;
• be signed by you and set out your name and address;
• clearly specify the nature of the representation; and
• state the address of the HMO property or reference number for the application.

Anonymous representations will not be considered.

You can email your representation to licensingenquiries@glasgow.gov.uk

On 14 June 2017 the Local Authority determined that any representation submitted in accordance with paragraph 4 of schedule 4 to the Housing (Scotland) Act 2006 can be submitted by electronic means where it: (a) is submitted in a format which can be accessed by the Local Authority; (b) is legible in all material respects; (c) is capable of being read and reproduced in a written form which can be used for subsequent reference; and (d) is submitted to licensingenquiries@glasgow,gov.uk

Alternatively, your representation can be posted or hand delivered to:-

Your representation cannot be treated confidentially. A copy will be provided to the applicant; it will include your name and address but other personal information such as your phone number or email address will be removed.

What happens if I make a Representation?

We will send you an acknowledgement letter confirming receipt and a copy will be sent to the applicant and their agent.

Once the application has been allocated to a meeting of the Licensing and Regulatory Committee we will send you a citation letter inviting you to attend the meeting to speak to your representation. You will receive this letter at least 14 days prior to the hearing.

At the hearing you will be provided with an opportunity to speak to your representation and the applicant will be provided with an opportunity to respond. You are only able to speak to matters referred to in your written representation.

Your citation letter will provide further information on the arrangements for the Committee meeting.

You do not require to attend the hearing but it does provide an opportunity for you to address the Committee if they have any queries regarding your representation.

If you are unable to attend the Committee meeting you can give written consent for someone else to attend and speak on your behalf. Your citation letter will provide details on how to provide consent.