Short term lets - licensing scheme part 1: guidance for hosts and operators

Footnotes

1 We use these words interchangeably. There is no difference between a host and an operator for the purpose of this guidance. In the Licensing Order and 1982 Act, they are called applicants or licence holders, as the context dictates.

2 Its full title is the Civic Government (Scotland) Act 1982 (Licensing of Short-term Lets) Order 2021 (SSI 2021/[ ]).

3 Section 2 of the 1982 Act.

4 In paragraph 19A of schedule 1 to the 1982 Act (inserted by paragraph 14 of the Licensing Order).

5 See paragraph 2 of schedule 1 of the Licensing Order.

6 Article 2(4) and 2(5) of the Licensing Order.

7 Under the Caravan Sites and Control of Development Act 1960. The Housing (Scotland) Act 2014 inserted a new Part 1A into the 1960 Act creating a new licensing system for relevant permanent sites.

8 For example, where the property was used as an HMO for students during the academic year and for short-term lets for the summer.

9 I.e. class 7 use as set out in the Town and Country Planning (Use Classes) (Scotland) Order 1997.

10 Set out in Schedule 1 of the Licensing Order.

11 Paragraph 3 of Schedule 1 of the Licensing Order.

12 See paragraph 2(2A) and paragraph 19A of schedule 1 to the 1982 Act; neighbouring land aligns with the definition for planning purposes.

13 For example, we know that some short-term lets are used for: prostitution; human trafficking; modern slavery; money-laundering; drug dealing; and other serious and organized crime.

14 Paragraph 5(3)(a)(ii) of Schedule 1 to the 1982 Act.

15 Set out in schedule 3 of the Licensing Order.

16 Paragraph 1 of schedule 3 of the Licensing Order.

17 Paragraph 9 of schedule 3 of the Licensing Order.

18 Paragraph 10 of schedule 3 of the Licensing Order.

19 Paragraph 9(2) of schedule 3 of the Licensing Order, which applies the requirements of Chapter 4 of Part 1 of the Housing (Scotland) Act 2006.

20 The Energy Performance of Buildings (Scotland) Regulations 2008. See Energy Performance Certificates: introduction - gov.scot (www.gov.scot).

21 Paragraph 2 of schedule 3 of the Licensing Order.

22 Paragraph 3 of schedule 3 of the Licensing Order.

23 Paragraph 4 of schedule 3 of the Licensing Order.

24 Paragraph 5 of schedule 3 of the Licensing Order.

25 Paragraph 17 of schedule 3 of the Licensing Order.

26 Paragraph 7 of schedule 3 of the Licensing Order.

27 Paragraph 8 of schedule 3 of the Licensing Order.

28 Paragraph 11 of schedule 3 of the Licensing Order.

29 Paragraph 12 of schedule 3 of the Licensing Order.

30 Of course, you must comply with planning law more generally but this is a mandatory condition of the short-term let licence application requirements which you must comply with for licensing purposes.

31 Paragraph 13 of schedule 3 of the Licensing Order.

32 See Energy Performance Certificates: introduction - gov.scot (www.gov.scot).

33 Paragraph 14 of schedule 3 of the Licensing Order.

34 Paragraph 15 of schedule 3 of the Licensing Order.

35 Paragraph 16 of schedule 3 of the Licensing Order.

36 These are called standard conditions in section 3B of the 1982 Act.

37 Made under the Food Safety Act 1990.

38 Paragraph 1A of schedule 1 to the 1982 Act, inserted the Licensing Order.

39 Under paragraph 7(6) of schedule 1 to the 1982 Act.

40 Paragraph 2A(4) of schedule 1 to the 1982 Act, as inserted by the Licensing Order.

41 Paragraph 1(2)(da) of schedule 1 to the 1982 Act, as inserted by the Licensing Order.

42 Provision in respect of refusal at renewal is made by paragraph 8(5), variation is made by paragraph 10(5)(a), and suspension and revocation is made by paragraph 11(9); all read with paragraph 18(4), of schedule 1 to the 1982 Act.

43 Paragraph 2A of schedule 1 to the 1982 Act, as inserted by the Licensing Order.

44 Paragraph 2(2C) of schedule 1 to the 1982 Act, as inserted by the Licensing Order.

45 Set out in paragraph 5(3) of schedule 1 to the 1982 Act.

46 Under section 7(6) of the 1982 Act.

47 Article 6 of the Licensing Order.

48 The appeals process is set out in paragraph 18 of schedule 1 to the 1982 Act.

49 Part 7 of the Antisocial Behaviour etc. (Scotland) Act 2004, see section 81(4). Part 7 relates to this type of behaviour around people's homes rather than antisocial behaviour in, say shopping areas, parks or pubs.

50 Based on guidance on management practice for private rented tenancies in Antisocial Behaviour etc. (Scotland) Act 2004: Part 7 – Antisocial Behaviour Notices: Guidance for Local Authorities (www.gov.scot).

51 Paragraph 8(5) and (6) of schedule 1 to the 1982 Act.

52 The Licensing Order defines many types of property that are excluded from the licensing scheme, for example.

53 Properly defined at article 3 of the Licensing Order.