Short term lets - licensing scheme part 2: supplementary guidance for licensing authorities, letting agencies and platforms

Footnotes

1 Consultation reports and the research publication is available here: Short-term lets: regulation information - gov.scot (www.gov.scot)

2 See the BRIA (Paper 3).

3 Paragraph 8 (duration of licences) of schedule 1 to the 1982 Act as modified by the Licensing Order.

4 Paragraphs 5(3A) to (3C) of schedule 1 to the 1982 Act, inserted by the Licensing Order.

5 Using powers at paragraph 2A of schedule 1 to the 1982 Act.

6 Paragraph 17 of schedule 1 to the 1982 Act.

7 Paragraph 1A of schedule 1 to the 1982 Act.

8 Whether planning policies apply to home letting and home sharing depends not least on the number of rooms being let compared with the number of rooms on the premises.

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

10 Paragraph 15(2)(a) of schedule 1 to the 1982 Act, as inserted by the Licensing Order.

11 Powers at paragraph 15(3) of schedule 1 to the 1982 Act, as inserted by the Licensing Order.

12 Paragraph 15(2)(a) of schedule 1 to the 1982 Act, as inserted by the Licensing Order.

13 Required by Paragraph 15(4) of Schedule 1 to the 1982 Act, inserted by the Licensing Order.

14 Paragraph 15(2)(b) of schedule 1 to the 1982 Act, as inserted by the Licensing Order.

15 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.

16 Paragraph 5(2B) of schedule 1 to the 1982 Act, as inserted by the Licensing Order.

17 https://www.gov.scot/policies/managing-waste/litter-and-flytipping/

18 The 1982 Act allows for applications to include “such other information as the authority may reasonably require” (paragraph 1(2)(e)) and allows the licensing authority to “make such reasonable enquiries as they think fit” (paragraph 4(1)).

19 See paragraph 14(4)(m) of schedule 1 to the 1982 Act, inserted by the Licensing Order.

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

21 Scottish Government: Getting Planning Permission.

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

23 Paragraph 2 of schedule 1 to the 1982 Act, has been significantly modified by the Licensing Order.

24 See paragraph 19A of schedule 1 to the 1982 Act, inserted by the Licensing Order.

25 The details are specified in paragraph 2(3) of schedule 1 to the 1982 Act, inserted by the Licensing Order.

26 Paragraph 3(1)(b) of Schedule 1 to the 1982 Act.

27 The Scottish Public Services Ombudsman’s Local Authority Model Complaints Handling Procedure (Part 3) sets out the complaints handling procedure which all local authorities must follow.

28 Specifically, paragraphs 11 and 12 of Schedule 1.

29 Paragraph 10A of schedule 1 to the 1982 Act, as inserted by the Licensing Order.

30 See the Policy Note (Paper 2) for more information.

31 Paragraph 10 of schedule 1 to the 1982 Act.

32 Paragraph 11 of schedule 1 to the 1982 Act.

33 Section 7 of the 1982 Act.

34 As set out at section 225 of the Criminal Procedure (Scotland) Act 1995.

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

36 Paragraph 14 of schedule 1 to the 1982 Act, as modified by the Licensing Order.

37 Paragraph 14A of Schedule 1 to the 1982 Act, as inserted by the Licensing Order.

38 Made under the Food Safety Act 1990.

39 See Waste (Scotland) Regulations | Zero Waste Scotland.

40 Mandatory / Optional