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

8. Licensing data

Introduction

8.1. As all short-term lets will by 1 April 2024 require to be licenced in order to continue operating, the licensing scheme will provide accurate up-to-date data on the number of short-term lets operating in Scotland, and their exact location (as well as other relevant data).

8.2. The licensing scheme will help licensing authorities to understand what is happening in their area, improving the effective handling of complaints. At present, the data available on short-term lets are limited to Airbnb’s activity and self-catering properties registered on the Non-Domestic Valuation Roll. Information on Airbnb’s activity includes data published by Airbnb (in the form of reports, and not datasets) and those published by Inside Airbnb (free of charge) and Air DNA (with fee), which are scraped from the Airbnb website.

8.3. Licensing authorities are required to maintain a public register of short-term let licences, and share data with Scottish Government on an ongoing regular basis. The Scottish Government will use the data to monitor trends and form an evidence base for any future interventions by Scottish Government, if any changes to the licensing scheme or other measures are needed.

8.4. Licensing authorities are responsible for the storage, handling and disposal of all data related to licence applications they receive. Licensing authorities are responsible for ensuring compliance with UK General Data Protection Regulations, as data controllers.

8.5. Licensing authorities can share personal data, for specific purposes, as follows:

• Within and between local authorities, Scottish Fire and Rescue Service and Police Scotland as part of the notification process in order to carry out background checks.
• Publication in the public register of licences, see paragraphs 8.15 and following below.
• Quarterly submissions to Scottish Government, so that data on licences from each local authority can be amalgamated at a national level, and to review against policy objectives. No personal data will be published in Scottish Government reports on short-term letting activity.
• With letting agencies and platforms, see paragraphs 8.24 and following below.

8.6. Further details on data processing can be found in the Data Protection Impact Assessment (DPIA) in the 2020 consultation report. Information about the processing of personal data is set out section C of the DPIA.

8.7. Licensing authorities must not keep personal data for longer than needed. Licensing authorities are responsible for storing data and disposing of it when it is no longer needed. Personal information must only be held for as long as it is necessary for the effective administration of the licensing scheme.

Managing the data

8.8. The objectives, with regard to collecting and processing the data are set out in the Data Protection and Impact Assessment (DPIA). They are as follows:

a) Require licensing authorities to collect sufficient data for monitoring and enforcement purposes, including setting out requirements for the sharing of relevant information between licensing authorities for hosts and operators with premises in more than one area (operational data). Operational data should be shared using the same format and data field specifications as in the public register, with any additional fields appended.

b) Require licensing authorities to share data, including the number, type and location of short-term lets, with Scottish Government on an ongoing regular basis (analytical data). The Scottish Government needs consistent data from all licensing authorities so that it can be combined into a national database for subsequent analysis. Licensing authorities should submit the data using the same format and data field specifications as in the public register.

c) Require licensing authorities to publish a register of short-term let licences and their status (granted, refused, being determined, revoked, lapsed etc.) which can be accessed by members of the public (public register). Licensing authorities must publish the register on a quarterly basis. The public register will contain a limited amount of personal information (e.g. to allow people to check whether their neighbour has a licence to operate a short-term let) but we might want licensing authorities to share further data with Scottish Government. The public register will be similar to the landlord register and licensing authorities’ public HMO registers.

8.9. The processing of personal data is set out section C of the DPIA.

8.10. The following personal information will be published in the register:

• Applicant names (title, first name, surname)
• Names of any day-to-day managers
• Address of premises (including postcode and URN).

8.11. The following personal information from applications or from Police Scotland background checks can be retained:

• The host or operator’s contact details
• The contact details of other people named on the application form
• Date and place of birth (for all applicants, and any agent(s))
• Unspent convictions involving: fraud and dishonesty; violence; drugs; firearms; and sexual offences.

8.12. Section H of the DPIA sets out the lawful basis for data sharing and sharing data between organisations, for example between licensing authorities and Police Scotland in order to carry out background checks.

8.13. Section L of the DPIA sets out further detail for licensing authorities, as data controllers, on:

• data controllers and safeguards;
• data security;
• anonymity and pseudonymity;
• data handling procedures;
• storage and disposal of data; and
• identification methods.

8.14. It will be for licensing authorities, as data controllers, to satisfy themselves that they process, handle and store data in a way that ensures compliance with the UK GDPR.

The public register

8.15. Licensing authorities must maintain a register of applications for short-term lets licences^[36] which contains the outcome of the application. The specification for the register is set out at Annex D with the data fields. Licensing authorities must:

a) make the register available to the public electronically, in a searchable format - this could be done through publishing an Excel spreadsheet with suitable user instructions and protections; and

b) publish or update their register on quarterly basis.

8.16. The public register should facilitate local communities to track activity in their area and neighbours to identify short-term lets. This will be aided by the inclusion of premises’ addresses in the public register. Licensing authorities should consider how they might publish their register in such a way as to facilitate such searches.

8.17. The requirement to identify whether the short-term let is within either of the two national parks in Scotland is to assist them in identifying short-term let activity within their boundaries (which are not necessarily contiguous with licensing authority boundaries).

8.18. The structure and specification of licence numbers are explained in chapter 6 and Annex C.

8.19. Licensing authorities can remove data from the register of data in respect of:

• licences that have been revoked for more than 12 months; or
• licences that have been surrendered.

8.20. Note that, where the licensing authority revokes a licence, no further application can be made by that host or operator in respect of that premises within one year of the date of revocation. This necessitates retaining at least the fact of revocation for at least 12 months. Depending on the reasons for the revocation, it may be appropriate to retain the information for longer, if it is likely to be relevant in determining any new application for a licence by the host.

Sharing data

With Scottish Government

8.21. Licensing authorities must share the register with the Scottish Government in a suitable format. The Scottish Government will amalgamate licensing authority data to produce a national report. This national report on short-term let activity in Scotland will close a significant gap in knowledge that currently exists. No personal data would feature in the Scottish Government report.

8.22. Licensing authorities might want to consider a unified process for publishing the content of their register and submitting it to the Scottish Ministers in order to save them time and effort.

With other licensing authorities

8.23. Licensing authorities have the power to share information about the reasons for suspending, varying or revoking a licence with each other^[37]. This is important in the case that a host or operator is licensed by more than one licensing authority and there are reasons why another licensing authority might also wish to take action, for example where one licensing authority takes the view that the host is no longer a fit and proper person.

With letting agencies and platforms

8.24. Where a licence is revoked, for example, any letting agency or platform advertising or listing the property should be advised quickly. Licensing authorities have the power to advise any person involved in advertising or listing the property of the fact that a licence has been suspended or revoked (or varied where the variation affects the maximum occupancy of the property). This will allow letting agencies and platforms to remove adverts or listings or require amendment if they are inaccurate. For example, a property with a suspended licence could continue to be advertised but with a note saying “we are unable to take bookings at this time”.

8.25. Where a licensing authority becomes aware of an unlawful unlicensed premises being advertised or listed, they have the power to notify any person involved in advertising or listing the property.

8.26. Conversely, letting agencies and platforms should notify licensing authorities where it comes to their attention that they have advertised or listed unlawful unlicensed accommodation. They should also remove such listings expeditiously. They can share such information with the relevant licensing authority as is necessary for that authority to gather relevant evidence for any prosecution and take enforcement action.