[2023] UKUT 129 (LC)
Upper Tribunal Lands Chamber

[2023] UKUT 129 (LC)

Fecha: 07-Jun-2023

The appeal

The appeal

36.

The Council was granted permission to appeal by this Tribunal on four grounds, as follows:

1.

That the FTT’s finding that Ms Morjaria’s had committed the offence only on 11 August was inconsistent with the evidence and it should have assessed the penalty on the basis that her offence was of long-standing.

2.

That the FTT had misunderstood the Council’s policy and had failed to give it appropriate weight, particularly with regard to the seriousness with which it treated licensing offences.

3.

That the FTT had been wrong to refuse to include in the penalty a sum to reflect the Council’s costs of investigating the offence.

4.

That the FTT’s assessment had given weight to factors for which there was no evidence (Ms Morjaria’s means, and the absence of previous offences) and had failed to give weight to aspects of her conduct, including the removal of the occupant of Room 5 in response to the Council’s investigation.