Short term lets - licensing scheme part 2: supplementary guidance
Licensing guidance part 2 is intended for Scottish licensing authorities, letting agencies and platforms facilitating short-term lets in Scotland.
Footnotes
4 Short term lets - licensing scheme part 1: guidance for hosts and operators (gov.scot)
5 The Civic Government (Scotland) Act 1982. In this guidance, references to the 1982 Act are to that Act as read with the Licensing and Amendment Orders.
6 In this guidance, references to the Licensing Order are to the Licensing Order as amended by the 2023 and 2024 Orders.
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 Set out in Schedule 1 of the Licensing Order.
10 Paragraph 3 of Schedule 1 of the Licensing Order
12 Paragraph 8, schedule 1 of the 1982 Act.
13 Paragraph 1A,schedule 1 ofthe 1982 Act
14 Whether planning policies apply to home letting and home sharing depends on the number of rooms being let compared with the number of rooms on the premises. See Circular 1/2023 and the Scottish Government’s Planning Guidance for Hosts and Operators
15 Town and Country Planning (Scotland) Act 1997 (legislation.gov.uk)
16 Paragraph 15(2)(a),schedule 1 of the 1982 Act.
17 Paragraph 15(3), schedule 1 of the 1982 Act.
18 Paragraph 15(4), schedule 1 of the 1982 Act.
19 the case of R v. Westminster City Council (2017)
20 The 1982 Act allows for applications to include “such other information as the authority may reasonably require” (paragraph 1(2)(e), schedule 1) and allows the licensing authority to “make such reasonable enquiries as they think fit” (paragraph 4(1), schedule 1).
21 See paragraph 14(2)(m), Schedule 1 of the 1982 Act
22 Paragraph 2A, Schedule 1 of the 1982 Act.
23 Guidance on planning procedures and requirements is set out in both Circular 1/2023 and the Scottish Government’s Planning Guidance for Hosts and Operators
24 Scottish Government: Getting Planning Permission.
25 See paragraph 2(3), schedule 1 of the 1982 Act.
26 Paragraph 2(4),schedule 1 of the 1982 Act
27 Paragraph 3(1)(b), schedule 1 of the 1982 Act.
28 Section 3B of the 1982 Act gives licensing authorities the power to determine conditions to which licences are to be subject (“standard conditions”) which we are calling “additional conditions” in this guidance because they are additional to the mandatory conditions.
29 Civic Government (Scotland) Act 1982 (legislation.gov.uk)
30 Paragraph 5(2B),schedule 1 of the 1982 Act.
31 Specifically, paragraphs 11 and 12schedule 1 of the 1982 Act.
32 Paragraph 10A, schedule 1 of the 1982 Act.
33 See the Policy Note (Paper 2) for more information The Civic Government (Scotland) Act 1982 (Licensing of Short-term Lets) Order 2022 - Policy Note (legislation.gov.uk).
34 Paragraph 10,schedule 1 of the 1982 Act.
35 Paragraph 11, schedule 1 of the 1982 Act.
36 As set out at section 225 of the Criminal Procedure (Scotland) Act 1995.
37 Energy Performance Certificates: introduction - gov.scot (www.gov.scot)
38 Impact assessments contained within: Short-term lets – licensing scheme and planning control areas: consultation analysis - gov.scot (www.gov.scot)
39 Paragraph 14A,schedule 1 ofthe 1982 Act.
40 Paragraph 14, schedule 1 of the 1982 Act
41 Data Specification agreed between Scottish Government and Licensing Authorities
42 Paragraph 12 of schedule 3 of the Licensing Order.
43 Paragraph 14 of schedule 3 of the Licensing Order.
Contact
Email: shorttermlets@gov.scot
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