Civic Government (Scotland) Act 1982 (Licensing of Short-term Lets) (Amendment) Order 2024: business and regulatory impact assessment

7. Consumer Assessment

The Scottish Government definition of a consumer is "anyone who buys goods or digital content, or uses goods or services either in the private or public sector, now or in the future".

In the context of short-term lets, the consumer is primarily the guest. However, hosts may also be consumers of services provided by platforms, letting agents and hosting intermediaries. In terms of the consumer assessment questions:

• Does the policy affect the quality, availability or price of any goods or services in a market? Yes
• Does the policy affect the essential services market, such as energy or water? No
• Does the policy involve storage or increased use of consumer data? No, in respect of the primary consumer; there is no change to the way guests’ data is stored. However, yes, to a limited extent in respect of data on hosts and operators, as local authorities will be using and storing information in relation to the provisions in the 2024 Amendment Order.
• Does the policy increase opportunities for unscrupulous suppliers to target consumers? No
• Does the policy impact the information available to consumers on either goods or services, or their rights in relation to these? Yes
• Does the policy affect routes for consumers to seek advice or raise complaints on consumer issues? No

Although there is some very limited consumer impact from the provisions in the 2024 Amendment Order, there is little material change to the position in the 2021 BRIA, which contains a fuller assessment.

The only quality, availability or price impact would come as a result of the provisions either on licence transfers and provisional licences which would positively impact the market. The additional requirement for safety information is limited and may result in a marginal amount of additional data being gathered on compliance.