“1. The guidance, as drafted, is not directive enough and continues to leave too much room for interpretation for licensing authorities.
Members of the IAG remain concerned that the guidance does not offer enough by way of directive from Scottish Government to ensure that operators will not incur unintended consequences when licensing authorities implement their schemes.
Some examples of this include, but are not limited to:
There are other general concerns around the content, including, but not limited to:
The above are by no means exhaustive, but outline some of the concerns which members of the IAG continue to express in light of the updated drafts.
This will allow Scottish Government the opportunity to strengthen guidance to provide enhanced direction to licensing authorities, particularly in light of the impact of the Judicial Review.
It will allow Scottish Government to recognise the ongoing cost of doing business pressures and incorporate the implementation of the short-term lets regulations into the developing framework and approach of the ‘new deal for business’ agenda. To go ahead with the 1 October deadline, although possible, will lead to further pressures and costs on short-term let businesses who, it is clear, are already under pressure from the wider economic landscape. This approach is also likely to place pressures on Councils as they manage both the application and decision process through the coming months.
Members of the IAG would like to put on the record that they make this suggestion in order to ensure that the regulations are as effective and efficient as they can be. Members of the IAG stressed they are not opposed to regulation, however it must be effective and proportionate, in line with the principles and objectives set out by the new deal for business.”
Regrettably, despite this intervention, the Scottish Government have today published the updated guidance and no amendments have been made as per our recommendations.
*The Industry Advisory Group is made up of the ASSC, VisitScotland, the Scottish Tourism Alliance, the Scottish Bed & Breakfast Association and the Short-Term Accommodation Association. Committed to working together, we set out to make sure businesses have the most up-to-date information. This is in collaboration with the Scottish Government.