Agenda item

A period of up to one hour is allocated to consider the motions on notice.  This may only be extended with the agreement of the Council.

 

The Chairman advised Members that two Motions on Notice had been submitted for consideration at this meeting.

 

Council considered the following Motion on Notice that was submitted by Councillor S. Ammar:

 

Christmas Light Switch on

 

“Timely and effective planning is essential for the success of community events that support our local economy. Council expresses concern about the planning process for this year's Bromsgrove Christmas light switch on event, where insufficient notice meant some hospitality businesses missed out on vital opportunities to generate additional income.

 

Council calls on the Cabinet to ensure that officers set a definitive cut-off date of 30 April 2026 to announce the Christmas lights switch-on date for 2026. This timeline is critical for aligning with hospitality businesses' needs and ensuring they can prepare adequately for the Christmas season.

 

A proactive approach will enable all our restaurants, cafes, pubs, and shops to participate fully, thus creating a vibrant festive atmosphere while giving local businesses a much-needed boost.”

 

In presenting the Motion, Councillor Ammar thanked those who had taken part in the Christmas Light Switch on in Bromsgrove High Street, in particular the schools and Members who attended. It had been a successful event however there were some concerns in respect of the planning of the event which had given rise to the Motion presented to Council.

 

The Motion was proposed by Councillor S. Ammar and seconded by Councillor J. Robinson.

 

The Leader of the Council provided information on the timeline for the Christmas Light Switch on and explained that this event always took place on the penultimate Saturday in November and that the Rubery Christmas Light Switch on always took place on the last Saturday in November. Therefore, the date for the event in 2026 was 21^st November.

 

The Leader took the opportunity to thank all those involved for making this year's event a great success, despite the rain during the day.

 

The details for the light switch on were later than usual this year because of the need to differently manage this very popular event so that there could be a countdown for the light switch on without residents congregating in one place.

 

Members were assured that dates for the event for 2026 would be shared with businesses in the new year via the business mailing list. The Bromsgrove Centres Manager and Communications team were currently planning a broader communications piece for the new Bromsgrove Town Centre Strategic Framework. This would include a request for businesses to provide updated information to ensure they were informed about high street activities.

 

The intention was to send this out before Christmas and the mailing list would be monitored and reviewed by Centres Manager.

 

In the run-up to Christmas events, the Events Team sent display material to those businesses operating near their locations of the light switch. Currently feedback was invited on the recent light switch on event through a recent press release which all Members received from the Communications Team and encouraged to respond to.

 

The clarification on the date was welcomed;however, it was raised that there had been concerns raised by businesses on the High Street and efforts made to try to better understand any issues. It was stated that this event had not been as well attended as in previous years and that there had been problems with hearing the countdown to the light switch on.

 

In summing up, it was noted that there had been issues in terms of communications for this event. However, the residents would be pleased to have clarification on the new date for this and future years events.

 

RESOLVED that the date for the timing of the annual Christmas Light Switch on events provided by the Leader be noted.

 

[As detailed at Minute Number 67/25 – Declarations of Interest - Councillor C. Hotham left the meeting prior to the consideration of this item and took no part in the vote thereon].

 

Council considered the following Motion on Notice that was submitted by Councillor J. Clarke:

 

Additional Licensing of Houses of Multiple Occupancy (HMOs)

 

"This Council calls on officers to explore the introduction of a local additional licensing scheme for HMOs in Bromsgrove, using powers under the Housing Act 2004. This would help ensure HMOs in Bromsgrove that are not subject to mandatory licensing are still well managed and meet all fundamental basic standards of accommodation.”

 

In presenting the Motion, Councillor Clarke expressed that the current licensing system for HMOs occupation did not go far enough to protect residents or ensured that all HMOs met basic standards. At present only larger HMOs, with five or more occupants required a license. This resulted in a significant number of smaller properties outside the scope of regulation. Even though these properties could have just as much impact on the quality of life for people in the community,

 

It was felt that the scale of the issue was growing. Bromsgrove had 21 licensed HMOs and 33 unlicensed properties. It was suggested that the figure could be much higher than this.

 

The HMOs operated without any formal checks on safety, overcrowding or management standards. This was a growing problem particularly since June 2022 as the number of licensed HMOs in Bromsgrove had more than doubled in that period.

 

Councillor Clarke reported that he had received complaints regarding several matters in respect of HMOs including overcrowding, antisocial behaviour (ASB) and parking pressures.

 

The problems seemed to be more common as the number of HMOs increased in the District. The Housing Act 2004 gave Councils the power to introduce additional licensing schemes. It was noted that other Councils had introduced more powers around the country. These schemes had resulted in raising safety standards and improved overcrowding. There had also been improvements seen in terms of rogue landlords and housing quality. In addition, the schemes gave Councils the tools to deal with poor management before problems increased.

 

It was clarified that the schemes were not introduced to penalise landlordsbut created a level play playing field and ensuring that every HMO, regardless of size, was well managed and met fundamental safety and quality standards.

 

The Motion was proposed by Councillor J. Clarke and seconded by Councillor R. Hunter.

 

The Cabinet Member for Health and Wellbeing, Leisure and Culture responded to the Motion and reiterated that the Housing Act 2004 gave powers for Local Authorities to introduce a local additional licensing scheme for Houses of Multiple Occupation (HMOs).  The introduction of an additional licensing scheme was discretionary and only permitted when there was a legitimate and proportionate reason.  This placed a responsibility on the Local Authority to make a clear, evidence-based reason for introducing additional licensing, and any conditions imposed must be reasonable and not excessive.

 

To meet this test, the Council would need to demonstrate that: -

 

• There was a real and valid reason for additional licensing (e.g. significant management failings, persistent ASB)
• The proposed conditions were necessary and not disproportionate.

 

To apply any such condition, the law required the Council to evidence that a significant proportion of HMOs were poorly managed and caused problems for tenants or the wider community e.g. large waste accumulation or repeated ASB complaints.  

 

To progress discretionary licensing schemes a strong evidence base and business case was required.  This required detailed work over a period of time and the likely employment of a consultancy firm to assist.  The trigger for such work would link to the Council receiving complaints.

 

At present, no key evidence had been presented that non licensable HMO’s were creating problems for the occupiers or causing ASB for neighbours, as the Council only received a limited number of concerns or complaints.

 

If this situation should change in the District, Officers could further explore the Scheme. In the meantime, should Members and/or residents have concerns regarding the management of an HMO they should report it to the Private Sector Housing Team. This team met with local Police officers on a regular basis and work was carried out across multi partner organisations.

 

Members queried whether the extra licensing would increase costs for the Council particularly in an area that the Council was not required to increase powers. It was noted that the Renter’s Rights Act was due to be introduced in 2026. This Act would introduce a national database for landlords which would enable easier identification of private rental properties including HMOs and would support more proactive inspection of these properties. It would also enable the Council to ascertain whether additional licensing was necessary.

 

Members were concerned if landlords for HMOs were acting unreasonably and causing problems for tenants, however, was this applicable to HMOs within the District. If not, then the Council was not obliged to implement new powers particularly at a cost to the Council. It was reiterated that any new powers that were introduced would need to be based on evidence provided that there were issues that needed to be addressed more robustly.

 

The Chairman of the Overview and Scrutiny Board stated that when the Renters Rights Act 2026 report was due to be considered it would be pre-scrutinised by the Board prior to any consideration by Cabinet and / or Council.

 

It was raised that the wording in the Motion was to ‘explore the introduction of a local additional licensing scheme for HMOs in Bromsgrove’. There was no suggestion that powers be implemented, but that evidence be explored only. As there had been concerns raised by residents it would seem proportional to explore these matters further in a non-prejudicial way. In terms of extra costs for the Council if these powers were introduced, there had been evidence across other Councils that this kind of additional licensing could be an addition revenue stream. There had been some significant issues with HMOs across the country, and it seemed worthwhile to explore any areas of improvement further. Although there was a suggestion that this could be explored through a report by Officers, it was reiterated that looking at the Renters Rights Act at the Overview and Scrutiny Board when it had been passed was a more appropriate way to understand the new rights and the best way forward for the Council.

 

It was suggested that the number of complaints might not be as high as they could be due to residents being unsure of how to raise concerns with the local Council appropriately and that the evidence could be there just not being recorded through Council channels.

 

Some Members felt that this might be a premature Motion and that there needed to be several formal complaints made to the Council by exploring this any further to avoid any presumption that these powers needed to be introduced. Otherwise, this could result in searching for evidence that was not there and appearing to be acting in a punitive way as a Council. It was stated that the research could be carried out in a variety of ways in order to truly understand the nature of the complaint that had been raised with Members.

 

Therefore, an amendment to the Motion was proposed as follows:

 

“The Council calls on officers and the Overview and Scrutiny Board to explore the introduction of a local additional licensing scheme for HMOs in Bromsgrove, using powers under the Housing Act 2004. This would help ensure HMOs in Bromsgrove that are not subject to mandatory licensing are still well managed and meet all fundamental basic standards of accommodation.”

 

This amendment was accepted by Councillor Clarke and therefore the debate continued with this amendment as the substantive Motion.

 

Members continued to debate this matter and noted that the Private Sector Housing team had enforcement powers and enforcement could be taken where appropriate. There had been an example of successful enforcement in the recent weeks as a direct result of reporting through the appropriate channels as detailed earlier in the meeting.

 

A further amendment to the Motion was proposed as follows:

 

“The Council calls on officers and the Overview and Scrutiny Board to explore the possibility of the introduction of a local additional licensing scheme for HMOs in Bromsgrove, using powers under the Housing Act 2004. This would help ensure HMOs in Bromsgrove that are not subject to mandatory licensing are still well managed and meet all fundamental basic standards of accommodation.”

 

This amendment was accepted by Councillor Clarke as the proposer the original Motion.

 

In summing up, it was noted that this Motion would move forward the exploration of the current situation of HMOs in better understanding any issues in respect of this matter. Alongside the scrutiny of the Renters’ Rights Act at the Overview and Scrutiny Board the Council could have a clearer picture of unlicensed properties including HMOs within the District including numbers within the property and the state of the housing provided.

 

RESOLVED that

 

“The Council calls on officers and the Overview and Scrutiny Board to explore the possibility of the introduction of a local additional licensing scheme for HMOs in Bromsgrove, using powers under the Housing Act 2004. This would help ensure HMOs in Bromsgrove that are not subject to mandatory licensing are still well managed and meet all fundamental basic standards of accommodation.”