Great Yarmouth Draft Licences Are Arriving: Read the Conditions Carefully Before It's Too Late!

Great Yarmouth Borough Council has now started issuing draft Selective Licences to landlords across the designated licensing areas. For many landlords, this may be the first opportunity to see exactly what conditions the council intends to impose.

While much of the discussion surrounding selective licensing has focused on licence fees, application requirements and deadlines, landlords should not overlook what may prove to be the most important part of the process: the licence conditions themselves.

A Draft Licence Is Not Just Another Piece of Paper

The council's consultation documents make it clear that once granted, the licence holder will be bound by the licence conditions attached to the licence and that the council has powers to revoke licences where those conditions are breached.

These conditions are not simply advice or recommendations.

They are legal obligations imposed upon the licence holder.

A breach of a licence condition can have serious consequences regardless of whether any actual harm has occurred. Furthermore, licensing offences may have implications when local authorities assess whether a person remains a fit and proper person to hold licences in the future.

That is why landlords should be paying just as much attention to the conditions attached to the licence as they do to the licence fee itself.

Example Documents for Members

To assist members in understanding what is currently being proposed, we have made available:

• An anonymised draft licence issued by Great Yarmouth Borough Council.

gybc-draft-licence-_Redacted.pdf

Download PDF • 360KB

• A copy of formal representations submitted By The general manager James Crickmore in response to the proposed conditions. (Can be used as a template)

GYBC_Formal_Representations_Opposing_Licence_Conditions Members letter.docx

Download DOCX • 32KB

Personal details have been removed, but otherwise the documents remain substantially unchanged and provide a useful example of the obligations landlords may soon face.

What Is Being Proposed?

The draft licence contains a number of conditions relating to:

• Occupancy levels.

• Tenant referencing.

• Property inspections.

• Record keeping.

• Property maintenance.

• Anti-social behaviour.

• Waste management.

• Reporting requirements.

• Production of documents and records to the council.

  
  

Some of these requirements mirror obligations that already exist elsewhere in housing legislation, while others introduce additional responsibilities that landlords may not have anticipated.

Occupancy Limits

One issue attracting particular attention is the inclusion of a maximum occupancy restriction.

The example licence circulated to members specifies a maximum occupancy figure for the property. The formal representations submitted challenge whether local authorities possess the necessary statutory powers to impose such restrictions under Part 3 Selective Licensing in the manner proposed.

This is likely to be a matter of significant interest for landlords with larger families occupying their properties.

Recent Tribunal Decisions Matter

The representations rely on several significant legal authorities that deal with the scope of licensing conditions.

Particular attention is given to Fletcher v Portsmouth City Council [2026], which considered whether local authorities can justify imposing standardised conditions on all licensed properties simply because they form part of council policy. The judgment emphasised the need for conditions to be justified by reference to the particular property concerned rather than through a blanket approach.

The representations also refer to Brown v Hyndburn Borough Council [2018] and Nottingham City Council v Parr [2018], both of which examined the limits of local authority powers when imposing licence conditions under the Housing Act 2004.

The Consultation Period Is Your Opportunity

If you have received a draft licence, now is the time to read it.

• Read every condition.

• Ask yourself whether it is clear.

• Ask yourself whether it is practical.

• Ask yourself whether it is appropriate for your particular property.

• Most importantly, if you disagree with any proposed condition, the consultation period is your opportunity to raise concerns before the licence is finalised.

  
  

Council Attendance at Tomorrow’s Meeting

We are also pleased to confirm that James Wilson, Great Yarmouth Borough Council’s Head of Environment and Sustainability / Environmental Services, will be attending tomorrow evening’s ELA meeting.

This will give landlords an opportunity to hear directly from the council, ask questions and better understand how the selective licensing process is expected to move forward.

Members may wish to raise questions regarding:

• Draft licence conditions.

• The representations process.

• Occupancy limits.

• Compliance expectations.

• What happens once a final licence is issued.

• How the council intends to deal with practical concerns raised by landlords.

  
  

This makes tomorrow’s meeting particularly important for anyone with property in the selective licensing area.

These issues will be discussed in detail at tomorrow evening's ELA/GYGLA meeting.

We will review the draft licence conditions, examine the legal framework that underpins them, consider the potential implications for landlords and discuss the options available going forward.

The purpose of the meeting is not simply to discuss selective licensing in principle, but to ensure that landlords fully understand the legal obligations they may soon be accepting.

ELA – The Landlord Support Service

Standing up for landlords and ensuring members understand both their rights and their responsibilities.