Case No. UKUT-241-(LC)

14.The relevant facts can be quite shortly stated.15.In 2015 and 2016, Mrs Nasim Hussain submitted licence applications under Part 2 and Part 3 of the 2004 Act for many properties. These made false statements about gas appliances. Licences were granted pursuant to the 2015 applications but not pursuant to the 2016 applications. 16.On 28 September 2016, Mrs Nasim Hussain was interviewed by the Council under caution, in the presence of Ms Hussain, in relation to misleading statements made in the 2016 licence applications. Ms Hussain was quite vocal at the interview in seeking to prevent her mother being questioned about any of the 2015 applications, but did not intervene when her mother explained that she did not know the answers to questions because her family did everything, and that the Council should instead ask her husband, son and daughter (Ms Hussain), who ran the business.17.On 19 January 2017 Ms Hussain submitted a licence application under Part 3 of the 2004 Act in respect of 44 Westbury Road. A licence was granted on 16 February 2017 that would expire on 31 March 2020. 18.Following this interview, there were further interviews under caution of Mrs Nasim Hussain, Mr Tariq Hussain, Mr Wahab Hussain (Ms Hussain’s brother) and Ms Hussain, each of whom gave “no comment” responses to almost all questions, including questions about what was stated in the licence application forms. Ms Hussain answered the question about where she lived by giving the address of the family home in Chigwell. 19.At that time, Mrs Nasim Hussain, Mr Tariq Hussain and Mr Wahab Hussain signed prepared statements, but Ms Hussain did not. Each of Mrs Nasim Hussain, Mr Tariq Hussain and Mr Wahab Hussain stated that they were not involved with the preparation and submission of licence application forms to the Council.20.However, on 12 May 2017, Mrs Nasim Hussain pleaded guilty to four offences of knowingly or recklessly supplying false information to the Council in connection with the licence applications made in 2016, and she was fined £40,000.21.Applications for Part 3 licences were made by FHCO on 6 February 2018. At the time (and when the licences were later refused), Ms Hussain was the sole director and shareholder and the company had no assets, turnover, capital reserves or employees.22.On 29 June 2018, Tariq Hussain pleaded guilty to four offences of fraudulently backdating gas safety certificates and was fined £1,000.23.On 4 October 2018, the Council gave notice to FHCO and Ms Hussain of its intention to refuse to grant and to revoke licences, allowing a period for the recipients to make submissions. Ms Hussain made representations in response but on 5 November 2018 the Council wrote to her stating that her parents were not fit and proper persons, in view of their convictions, and that her close association with them meant that she could not be regarded as a fit and proper person either. 24.The Council’s formal decision was made and communicated on 23 November 2018. The reasons for the decision were given as the convictions of Mrs Nasim Hussain and Mr Tariq Hussain. Similar decision letters were issued to Mrs Nasim Hussain and Luxcool Ltd.25.The Respondents lodged their appeals at the FTT on 20 December 2018. 26.In July and August 2019, Mrs Nasim Hussain was convicted of three further offences of failing to comply with licence conditions in respect of installation and maintenance of smoke alarms.