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

2. Publicising the licence scheme

Application form and information for applicants

2.1. Licensing authorities should take active steps to publicise their licensing schemes to raise awareness amongst current and potential short-term let hosts and operators. Hosts and operators should be encouraged to make an application for a licence in time to meet the statutory deadlines.

2.2. However, licensing authorities should consider ways to encourage applications to be spread over months and avoid a last-minute rush at statutory deadlines. Good publicity is an important factor but licensing authorities might also want to consider other measures, for example clarifying that an early application would not result in a licence with an earlier expiry date (see chapter 3).

2.3. Effective publicity will help to deliver high levels of compliance with the licensing scheme. Most short-term let hosts and operators will want to comply with the law, provided they know about it. But effective publicity will also make less scrupulous hosts and operators mindful that neighbours will be aware of the licensing scheme and that they might report unlicensed short-term lets to the licensing authority.

2.4. There are a wide range of methods and sources available to a licensing authority when publicising the licensing scheme. The most appropriate advertising techniques will depend on the licensing authority area and the types of short-term let and volume and pattern of activity. Licensing officers are encouraged to share knowledge, learning and experience with those from other authorities.

2.5. Licensing authorities should have a dedicated section on their website for their short-term let licensing scheme where hosts and operators can find all the information that they need to apply and comply. This includes:

• links to Scottish Government guidance;
• fees for applications and renewals (and any other fees);
• additional information and guidance about relevant policies, additional conditions or measures specific to the licensing authority area; and
• the application form.

2.6. Licensing authorities should work towards a digital first approach in line with Scottish Government’s Digital Strategy. The Scottish Government would like hosts and operators to be able to conduct as many transactions as possible with licensing authorities in an online or electronic format. This is likely to be more efficient for both hosts and operators and licensing authorities.

2.7. However, licensing authorities should bear in mind, in respect of both publicity and accessibility of information and application forms, that some hosts and operators (and residents and neighbours – see below) may have trouble accessing online information. This may be because they have disabilities or other issues accessing the Internet. Online information should be provided in line with Scottish Government’s digital accessibility requirements and be compatible with assistive technology. Licensing authorities should have paper copies of relevant information, and the application form, available upon request for people who cannot access them online and provide support to access online services at their offices.

Application checklist

2.8. The Guidance Part 1 includes an application checklist for hosts and operators. Licensing authorities may wish to augment this application checklist to cater for any additional conditions or other specific requirements and make this available on their website. The Scottish Government can make the application checklist available to licensing authorities in Word format for editing and posting in a tailored form on the licensing authority website.

Information for residents and neighbours

2.9. Licensing authorities should ensure that residents and neighbours can easily find information on their website about their licensing scheme tailored to their needs and interests. Some of this will be the same as for hosts and operators, for example understanding the statutory deadlines by which applications must be made and licences obtained. Residents and neighbours should be able to find and search the public register (see chapter 8) where they can find out whether a premises is licensed.

2.10. Residents and neighbours are likely to be interested in:

• The definition of short-term let – should the premises have a licence?
• The application process – will they be told, how do they get involved?
• Grounds for objection – for what reasons can they object to an application for a licence?
• The public register – does the premises have a licence?
• The licence conditions – what is the host or operator required to do?

2.11. By signposting residents and neighbours to further information on the definition of a short-term let and the public register it may help reduce the number of potential complaints or queries to the licensing authority. For example, where a neighbour can check that an application for a licence has been made or granted and is lawfully carrying on, they are less likely to query this with the authority. In addition, licensing authorities may also wish to signpost residents and neighbours to relevant letting agencies or platforms in order to raise any issues or concerns directly with them, for example through Airbnb’s Neighbour Tool.

2.12. Licensing authorities should set out clearly their process for giving notice of an application for a licence (see chapter 6). Licensing authorities should set out clearly how neighbours can respond should they receive such a notification.

2.13. Licensing authorities should include the following information on their website:

• how to make a complaint (licensing and planning authorities could consider how to join up and triage complaints, see chapter 7);
• how to report suspected unlicensed short-term lets and breaches of licence conditions; and
• how to raise an objection when notified of an application (licensing and planning authorities could consider how to join up and triage licensing and planning processes and objections, see chapter 6).

2.14. Licensing authorities should consider setting out clear information on their website to help residents and neighbours establish whether their complaint or objection is likely to be valid and how to direct it. This will help the licensing authority in processing the complaint or objection effectively.

2.15. Licensing authorities could consider including a general FAQ, covering common queries previously received from residents and neighbours.