C4 HMO and Sui Generis HMO - relationship to Licensing - Public forum - Planning Advisory Service (PAS)

Just a theoretical situation. Thsi involves an HMO landlord applying for an HMO License for 7 or 8 occupants and getting that License. They then tell planning that they will only have upto 6 occupants in the property. It is of course very difficult for an enforcement officer to be able to access the site and verify this. Besides given 24 hours notice or more, any landlord could make it appear that there are only 6 occupants. Does anyone have a view (or even better an appeal decision or legal view) on whether an HMO LIcense for 7 or more people can be used as a basis for classifiying the site as a Sui Generis HMO and therefore one that requires planning permission (or Enforcement action to attach conditions).