What happens if I don't comply with the licence conditions?

As long as you comply with the conditions of a licence everything will run smoothly.

However, there are legal consequences if you don't. Each West of England authority has an enforcement policy that makes it clear what their approach would be to this. You can obtain details of the local authority enforcement policy as follows:

• Bath and North East Somerset Council
  Housing Services Enforcement Policy
• Bristol City Council
  Please contact the team on 0117 3333 871 / 3533 871
• North Somerset Council
  Please contact the team on 01275 884110
• South Gloucestershire Council
  Licensing of houses in multiple occupation

The following provides some guidance on how various breaches of condition might be treated. However, you should be aware that the particular circumstances of each case will be taken into account. For example, it may be appropriate for the same matter to be dealt with informally or the subject of a prosecution, this will depend on such circumstances as the severity of the breach of conditions and past history of non co-operation or compliance.

Code of good management practice not complied with

1. This could be discovered on inspection or as a result of a complaint. Any complaints will be fairly investigated and you will have the opportunity to put your point of view forward and challenge the decision of the local authority if they think there has been a breach.
2. The severity and number of breaches will be considered in reviewing your 'fit and proper person' status.
3. Should you no longer be considered a 'fit and proper person' and don't make alternative arrangements for the management of the property the licence will be revoked.
4. Revocation of the licence could lead to a prosecution for not having a licence and other consequences.

Failure to provide certificates on demand

1. Hopefully, we won't have to, but we will remind you to return these and listen to any explanations you may have.
2. Continued failure to provide could lead to you receiving a simple caution*, this will be logged against you when we consider your 'fit and proper person' status.
3. If you already have a caution a summons will be issued instead.
4. If the Magistrates' Courts find you guilty you will no longer be regarded as a 'fit and proper person' and will no longer be able to be a licence holder or manager.
5. Revocation of the licence could lead to a prosecution for not having a licence and other consequences.

Not carrying out the work in time

1. If there has been no previous instance of this we will normally allow you an extension to complete the work which could only be further extended in exceptional circumstances. Breaches of this condition could be taken into account when your 'fit and proper person' status is considered.
2. Continued failure to comply could lead to you receiving a simple caution*, this will be logged against you when we consider your 'fit and proper person' status.
3. If you already have a caution a summons will be issued for a breach of a licence condition instead.
4. If the Magistrates' Courts find you guilty you will no longer be regarded as a 'fit and proper person' and will no longer be able to be a licence holder or manager.
5. Revocation of the licence could lead to a prosecution for not having a licence and other consequences.

Exceeding the permitted level of occupation

1. We will look very carefully into this to determine the involvement of licence holder.
2. If we are satisfied that this has been caused entirely by the tenants and the manager/licence holder has not been involved (includes not taking action) you will be asked to reduce occupation within 28 days.
3. The occupation will be monitored.
4. If the over occupation has been caused by the manager/licence holder or steps have not been taken to reduce occupation a simple caution will be issued unless you have already have a caution, in which case a summons will be issued instead. A simple caution will be logged against you when we consider your 'fit and proper person' status.
5. If the Magistrates' Courts find you guilty you will no longer be regarded as a 'fit and proper person' and will no longer be able to be a licence holder or manager.
6. Revocation of the licence could lead to a prosecution for not having a licence and other consequences.

*A 'simple caution' - previously known as a formal caution - is used to deal quickly and simply with those who commit less serious crimes. It aims to divert these kind of offenders away from appearing in court and to reduce the likelihood of them offending again.

If you are given a simple caution you will be officially warned about the unacceptability of your behaviour, and the likely consequences if you commit any further crimes will be explained to you.

The main aim of a simple caution is to prevent offenders reoffending. So if you offend again, you're likely to be charged with the crime instead of getting a second caution unless:

• the second offence is a minor offence unrelated to the first
• two years or more have elapsed since the original offence