Case No. UKUT-241-(LC)

92.The final ground of the Council’s appeal is that the FTT erred in granting relief “reinstating” Ms Hussain’s licence for 44 Westbury Road.93.Where a licence holder appeals in time against the revocation of a licence, the revocation does not take effect until the appeal is disposed of: s.93(5) of the 2004 Act. The licence therefore still exists until the FTT dismisses the appeal. But if the appeal is allowed, the revocation never takes effect and the licence continues in existence. The language of “reinstatement” is therefore inappropriate, save where an appeal has been brought out of time.94.On the facts of this appeal, however, the licence in question was due to expire in any event on 31 March 2020. It had therefore already expired and could not be revived by an order made in August 2021.95.Further, on 30 April 2020 Letting International Ltd was granted a Part 3 licence in respect of 44 Westbury Road. That licence had not been revoked and was due to expire only on 30 April 2025. Another Part 3 licence in relation to the same house cannot be granted under the 2004 Act.96.For these reasons, the words “and her licence reinstated” in the decision of the FTT are inappropriate. It is sufficient that the decision of the Council to revoke Ms Hussain’s licence is reversed. That means that her licence expired in accordance with its terms and was not revoked.97.The appeal of the Council therefore succeeds on ground 3 but this only has the limited effect of varying the terms in which the FTT summarised its decision.