Analysis of responses to consultation on mobile home sites regulations

Effect of an appeal

Question 10 of the consultation covered appeals. Under the 2014 Act an applicant can appeal against the decisions a local authority makes under the licensing system, including a decision not to issue a licence, not to renew a licence, and to revoke a licence. The appeals are made to the sheriff court. The 2014 Act gives Scottish Ministers the power to set out what happens until an appeal is decided or withdrawn.

The proposed approach would result in the current situation continuing until an appeal is decided or withdrawn. For example, if an appeal is lodged for a first site licence application an applicant is not given a licence until the appeal is decided or withdrawn. For a site licence renewal an applicant would keep their licence until the appeal is decided or withdrawn and for a site licence transfer the current licence holder would keep their licence until the appeal is decided or withdrawn. If a local authority revokes a licence and the licence holder appeals, the licence would remain revoked unless the appeal is successful. However, the site licence holder will not be committing an offence if they continue to run the site until any appeal is decided or withdrawn, or during the period someone has to make an appeal.

Question 10a: Do you agree or disagree with the proposed effect of an appeal on first site licence application?

The first part of Question 10 (recorded as Question 10a within this report) asked respondents whether they agreed or disagreed with the proposed effect of an appeal on first site licence application. Responses by respondent type are set out in Table 10 below.

Table 10: Question 10a - responses by respondent type

Type of respondent	Yes	No	Total
Community or residents' group	5		5
Housing Association	1		1
Local Government	8		8
Private sector organisation or trade body	1		1
Total Organisations	(15)	(0)	(15)
Individuals	11	1	12
Total	26	1	27

The large majority of respondents (26 out of the 27 who answered this question) agreed with the proposed effect of an appeal on first site licence application. One individual respondent disagreed.

Eight respondents went on to make brief further comments, which included that the proposal appeared practical, sensible, reasonable and fair. Other comments included that it will be important for the correct procedures to be followed and that it is in the applicant's interest that matters are not prolonged.

Question 10b: Do you agree or disagree with the proposed effect of an appeal on site licence renewal?

The second part of Question 10 (recorded as Question 10b within this report) asked respondents whether they agreed or disagreed with the proposed effect of an appeal on site licence renewal. Responses by respondent type are set out in Table 11 below.

Table 11: Question 10b - responses by respondent type

Type of respondent	Yes	No	Total
Community or residents' group	5		5
Housing Association	1		1
Local Government	7	1	8
Private sector organisation or trade body	1		1
Total Organisations	(14)	(1)	(15)
Individuals	11	1	12
Total	25	2	27

The large majority of respondents (25 out of the 27 who answered this question) agreed with the proposed effect of an appeal on site licence renewal. One local government respondent and one individual respondent disagreed.

Eight respondents went on to make brief further comments, two of which referenced back to their comments at Question 10a above. Other comments again included that the proposal appeared fair or reasonable, that this approach is in line with similar legislative licensing regimes and that it is in keeping with better regulation principles.

The local government respondent who had disagreed was concerned that it would be in the applicant's interest to prolong the situation and that this is undesirable since there will be significant reasons for a licence renewal having been refused.

Question 10c: Do you agree or disagree with the proposed effect of an appeal on transfer of a site licence?

The third part of Question 10 (recorded as Question 10c within this report) asked respondents whether they agreed or disagreed with the proposed effect of an appeal on transfer of a site licence. Responses by respondent type are set out in Table 12 below.

Table 12: Question 10c - responses by respondent type

Type of respondent	Yes	No	Total
Community or residents' group	4		4
Housing Association	1		1
Local Government	7	1	8
Private sector organisation or trade body	1		1
Total Organisations	(13)	(1)	(14)
Individuals	11	1	12
Total	24	2	26

The large majority of respondents (24 out of the 26 who answered this question) agreed with the proposed effect of an appeal on transfer of a site licence. The same local government respondent and individual respondent as at Question 10b disagreed.

Eight respondents went on to make brief further comments, making largely the same points as at Question 10b above. An additional issue raised concerned what would happen where the licensee is the sole owner and dies intestate.

Question 10d: Do you agree or disagree with the proposed effect of an appeal on revocation of a site licence?

The final part of Question 10 (recorded as Question 10d within this report) asked respondents whether they agreed or disagreed with the proposed effect of an appeal on revocation of a site licence. Responses by respondent type are set out in Table 13 below.

Table 13: Question 10d - responses by respondent type

Type of respondent	Yes	No	Total
Community or residents' group	3	1	4
Housing Association	1		1
Local Government	8		8
Private sector organisation or trade body	1		1
Total Organisations	(13)	(1)	(14)
Individuals	10	2	12
Total	23	3	26

The majority of respondents (23 out of the 26 who answered this question) agreed with the proposed effect of an appeal on revocation of a site licence. Two individual respondents and one community or residents' group disagreed.

Nine respondents made a further comment. Comments made by those agreeing with the proposal included:

• This approach makes provision for the site to continue running and would allow residents to continue to occupy their properties.
• Depending on the reason for revocation of the licence, the licensing authority may need to take additional enforcement activity.
• There are various issues which need to be clarified, including:
  • The interaction between an appeal against revocation and the appointment of an interim manager.
  • How the responsibility for the enforcement of fire safety relates to the new licensing scheme, including in relation to mixed sites.
  • Whether a displaced licence holder can appeal.

The two respondents who disagreed with the proposal had concerns about the nature and scale of events which would have led to a site licence being revoked and suggested that, for the protection of residents, the site owner should not have an automatic right to continue to run the site. It was felt that there should at least be provision for appointing an interim manager while the appeal is on-going.