This ASSC Open Surgery was held on Wednesday 29th October. Attendees where provided with important updates on the ASSC’s ongoing legal, policy, and advocacy workstreams. This session explored the critical reform opportunities emerging across planning, licensing, and taxation.
This Open Surgery covered the following key topics:
- King’s Counsel Opinion – Update on the legal opinion to assess potential breaches of Article 1, Protocol 1 (A1P1) of the European Convention on Human Rights, and next steps in defending operators’ property rights.
- Rewording of MC13 – Discussion on proposed refinements to MC13 to improve clarity, consistency, and fairness in how Material Change of Use is interpreted and applied across Scotland.
- Guidance to Ameliorate Planning and Licensing – Exploration of practical policy and guidance proposals to reduce duplication, improve consistency, and promote lawful, proportionate enforcement.
- Visitor Levy Reform – Update on the ASSC’s proposals for a fairer, simpler, and more workable Visitor Levy model.
- Non-Domestic Rates (NDR) Evidence Window 2023–2024 – Information on the forthcoming NDR evidence submission window, opening on 4th November 2025, which will allow operators to provide supporting documentation for the 2023–2024 valuation year. Guidance will be provided to help members prepare effectively.
We are encouraged by the First Minister’s public commitment at the SNP Conference to listen and amend legislation that is not working, including the Visitor Levy (Scotland) Act 2024. The First Minister also acknowledged that 32 different interpretations of licensing and planning across local authorities are unsustainable, reinforcing the need for national consistency and reform.