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Short-Term Let Licensing Extends to Non-Licenced Guest Houses

Guest Houses and B&Bs that do not have a licence to sell alcohol, according to the Licensing (Scotland) Act 2005, will require a STL Licence:

Guest houses were listed as excluded accommodation in the original Licensing Order, as laid in December 2020. However, they were included in the draft Licensing Order that went to public consultation in June 2021. The rationale for their inclusion is set out in the 2021 consultation paper (item 1 in the table at page 12): Short term lets – draft licensing order and business and regulatory impact assessment (BRIA): consultation – gov.scot (www.gov.scot)

Lodges within the grounds of a hotel would be classed as excluded accommodation in the following circumstances (as set out in Schedule 1, 1b):

Premises in respect of which a premises licence within the meaning of section 17 of the Licensing (Scotland) Act 2005(6) has effect and where the provision of accommodation is an activity listed in the operating plan as defined in section 20(4) of the 2005 Act. There is a section in the operating plan of any premises where you confirm that accommodation is part of the overall activity. If this is stated, the property is excluded from the requirement to have a STL Licence. 

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