The Local Government, Housing and Planning Committee Consideration of the Civic Government (Scotland) Act 1982 (Licensing of Short-term Lets) (Amendment) Order 2024

You can access the full papers for the meeting of the Local Government Committee here.

The Committee Clerks have produced a round-up of the submissions which highlighted the following concerns over the Order itself:

Local Authorities

• Argyll and Bute Council suggested that the proposals do not address the difficulties around the definition of “single premises.”
• City of Edinburgh Council had received legal advice that interpreting the original provisions of the 2022 Licensing order to give effect to the stated policy intention of a single exemption of no more than 6 weeks in any 12 months period was not lawful. The Council welcomes the amendment in addressing that drafting issue but suggested that it is not immediately obvious what the rationale of restricting the number of periods within a 12-month period brings. City of Edinburgh Council does not support the introduction of provisional licences or transfer of licences and believes this to be “wholly unnecessary”.
• Renfrewshire Council expressed concerns around the commencement date of the SSI as time for implementation would be needed. It also expressed concerns around provisional licenses, suggesting that “these provisions require further attention to allow them to work in practice. We consider that additional modifications would be required to Schedule 1 to the 1982 Act to achieve this, particularly regarding the duration of licence provisions within Paragraph 8 of Schedule 1 to that Act.”

Legal

• The Law Society of Scotland suggested that the Order’s commencement date would provide insufficient time for councils to implement its provisions.
• It also highlighted concerns around the fact that the Order provides for provisional licence applications to be made when a property is being constructed but not converted and for how long a provisional licence would apply. The Law Society also highlighted concerns relating to the transfer of short-term let licences.

Tourism

• The ASSC suggested that there had been insufficient consultation when developing the Order. The ASSC also felt that that the wording around single licences for multiple accommodation is “ambiguous and does not go far enough to address the issues being seen in Perth & Kinross, Stirling, and Argyll & Bute Councils, whose policies regarding this we believe to be unlawful and based on the superseded 2021 Order.”
• The SBBA felt that the proposed changes to information to be displayed at short-term let premises are unnecessary as this is covered by existing legislation.
• VisitScotland understands that some licencing authorities may be using the original 2021 Order instead of the updated and current 2022 Order as the basis. for their policies and fees and suggests that “guidance and public information requires to be reconsidered to address this practice.” It also welcomes clarification around temporary exemptions and transitional arrangements but considers there may be scope to strengthen this amendment. VisitScotland also notes concerns within the sector around the inability of operators to be able to trade, advertise or take bookings when they have been granted a provisional licence.

The Clerks also summarised some of the concerns expressed more widely about STL licensing:

Tourism

• The ASSC submission provides a list of concerns raised by the Industry Advisory Group in February which it considers the Order fails to address.
• In addition to commenting on the content of the Order itself, the SBBA provided a list of concerns raised by its members.
• The Scottish Tourism Alliance welcomes the Order as “a positive first step in addressing some of the issues that have emerged since the introduction of the STLs scheme” but states that “it remains the case that a far more significant review of how the ShortTerm Lets (STLs) Licensing Scheme is operating in practice is needed if we are to safeguard these businesses and to protect and enhance the visitor accommodation offer that people can access when they stay in Scotland” and the wider visitor economy.
• The STAA continues to advocate for a comprehensive and holistic review of the short-term let licensing scheme, particularly in respect of temporary licences, a recommended prohibition of local authorities from adding additional licensing conditions, a cap on the maximum licence cost and clarification around planning requirements.
• VisitScotland notes that there “continue to be concerns within the sector about the scheme’s operation, and we do not think the amendments in this Order will ameliorate all those concerns. Further work will be required, particularly around guidance to address the issues being identified as problematic.”

Read evidence documentation below.