Yes, a new additional licensing scheme started on 1 September 2020. The council also want to introduce a selective licensing scheme. There is quite a long story so we’ll try and keep it brief.
On 9 April 2014, Enfield Council’s Cabinet made a decision to implement borough wide selective and additional licensing schemes (read here). The schemes were due to come into force on 1 April 2015 and last for five years.
A local landlord, Mr Constantinos Regas, took the council to Judicial Review to try and get the licensing schemes overturned. Enfield Council’s Cabinet met to discuss the matter again on 12 November 2014 (read here). They further ratified their decision to implement a borough wide additional HMO licensing scheme.
The Judicial Review was heard in the High Court on 26 November 2014. On 11 December 2014, His Honour Judge McKenna handed down the judgement (read here). In summary, it was held that the Enfield additional and selective licensing schemes were not lawfully designated and so both licensing schemes were cancelled. The reason was linked to the consultation arrangements.
Whilst the High Court refused permission for Enfield Council to appeal the decision, the council petitioned the Court of Appeal direct as they wanted to challenge the judgement. On 9 July 2015, the Council announced that they had been granted permission to appeal, but had decided not to do so. As a result, the Judicial Review decision stands and both licensing schemes have been cancelled.
It all then went quiet for a few years until, on 20 June 2019, a decision was made to consult again on two proposed licensing schemes. The decision was then called in by eight councillors unhappy about the decision.
On 15 July 2019, the issue was discussed by the council’s Overview and Scrutiny Committee (read here) who decided the consultation should proceed.
On 28 August 2019 the council launched a consultation on proposals to introduce additional and selective licensing schemes. The consultation continued until 29 November 2019 and you can find out more information here.
On 22 January 2020, the council’s Cabinet meeting approved proposals for a borough wide additional licensing scheme. They also decided to approach the Secretary of State for permission to implement selective licensing across 13 wards (read here – see agenda item 5).
There is clearly a lot going on at Enfield Council so we will monitor the situation closely. You can sign up to our free newsletter for all the latest news.