Short-term lets - licensing scheme and planning control area legislation: draft business and regulatory impact assessment (BRIA)

A: Title of Proposal

1. This BRIA relates to the Civic Government (Scotland) Act 1982 (Licensing of Short-term Lets) Order 2021 (“the Licensing Order”) and the Town And Country Planning (Short-Term Let Control Areas) (Scotland) Regulations 2021 (“the Control Area Regulations”).

2. This BRIA was originally published in December 2020, alongside the Licensing Order and Control Area Regulations. We shall refer to that as the 2020 BRIA. The Control Area Regulations were approved by the Scottish Parliament and came into force on 1 April 2021. The Licensing Order was withdrawn in February 2021, in order to develop guidance and address concerns raised by members and stakeholders; we shall refer to the withdrawn Licensing Order as the 2020 Licensing Order.

3. The Scottish Government published a revised draft Licensing Order in June 2021 for consultation, with the intention of laying the Order at the Scottish Parliament in September 2021.

4. This updated BRIA has been amended to take into account changes made to the Licensing Order (Paper 2), and published for consultation with stakeholders, alongside the draft licensing guidance (Papers 4 and 5).