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

9. Other relevant legislation

9.1. There is other legislation which is relevant to the lawful operation of short-term lets. This is also set out in Guidance Part 1 to remind hosts and operators.

9.2. Licensing authorities should consider asking about matters relating to food hygiene and food safety as part of the application process for a licence. Licensing authorities could use this to assist with registration under the Food Premises (Registration) Regulations 1991^[38], which applies to any business that serves any kind of food or alcohol. Licensing authorities should consider what advice may be needed from environmental health officers and whether this is a relevant matter for any visit to premises.

9.3. Hosts and operators must comply with the law on fire safety as set out in the Fire (Scotland) Act 2005 (“the 2005 Act”); for more information see chapter 4 of the Guidance Part 1.

9.4. Licensing authorities should be aware that some title deeds may restrict the use of premises for hospitality. The Scottish Government does not expect licensing authorities to check this (it is not a mandatory condition). However, where this is raised as part of an objection by neighbours, this may be a relevant consideration for the licensing committee who may wish to obtain advice as to the terms of the title deeds.

9.5. Guidance Part 1 reminds hosts and operators that they must make sure that they declare your income from their short-term let activity for tax purposes and that they have the permission of any lender (where relevant). Licensing authorities may be asked by HMRC or Revenue Scotland about licensing information where this might assist with their investigations.

9.6. Hosts and operators may be subject to waste management requirements, depending on the nature and scale of their operation. Businesses operating secondary lets are not generating household waste and any waste arising should be considered commercial or trade waste. This means that they are subject to the Waste (Scotland) Regulations 2012^[39], and are required to put in place a contract for the disposal of their waste and in addition are required to ensure that specific waste streams (food, glass, paper, card, plastics and metals) are separately collected for recycling.