Agenda Document Pack - Licensing Committee - 04/03/2026
North Ayrshire Council · 4 March 2026
Back to Licensing Committee — 4 March 2026 and its agenda
Text extracted from the council's PDF. Layout and reading order may differ from the original.
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North Ayrshire Council, Cunninghame House, Irvine KA12 8EE Licensing Committee A Meeting of the Licensing Committee of North Ayrshire Council will be held in the Council Chambers, Ground Floor, Cunninghame House, Irvine, KA12 8EE on Wednesday, 04 March 2026 at 10:00 to consider the undernoted business. Meeting Arrangements - Hybrid Meetings This meeting will be held on a predominantly physical basis but with provision, by prior notification, for remote attendance by Elected Members in accordance with the provisions of the Local Government (Scotland) Act 2003. Where possible, the meeting will be live-streamed and available to view at https://north-ayrshire.public- i.tv/core/portal/home. Licensing Exemption Para Please note that, whilst the items on this Agenda are public documents, consideration of some reports at the meeting may necessitate the passing of a resolution to exclude from the meeting the press and public in terms of Section 50A(4) of the Local Government (Scotland) Act 1973. 1 Declarations of Interest Members are requested to give notice of any declarations of interest in respect of items of business on the Agenda. 2 Minutes The accuracy of the Minutes of the Meeting of the Licensing Committee held on 4 February 2026 will be confirmed and the Minutes signed in accordance with Paragraph 7 (1) of Schedule 7 of the Local Government (Scotland) Act 1973 (copy enclosed). 1
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North Ayrshire Council, Cunninghame House, Irvine KA12 8EE 3 Civic Government (Scotland) Act 1982 and other Licensing statutes: Licensing Matters Submit report by the Head of Democratic Services on hearings to be determined, all in terms of the Civic Government (Scotland) Act 1982 (copy enclosed). 4 Short-Term Let Licensing Policy Review 2026 with Revised Fees Submit report by the Head of Democratic Services to propose a revised Short-Term Let (STL) policy, to introduce a revised STL fee schedule and to note the move online for application forms and associated processes (copy enclosed). 5 Urgent Items Any other items which the Chair considers to be urgent. Webcasting Please note: this meeting may be filmed/recorded/live-streamed to the Council's internet site and available to view at https://north-ayrshire.public- i.tv/core/portal/home, where it will be capable of repeated viewing. At the start of the meeting, the Provost/Chair will confirm if all or part of the meeting is being filmed/recorded/live-streamed. You should be aware that the Council is a Data Controller under the Data Protection Act 2018. Data collected during the webcast will be retained in accordance with the Council’s published policy, including, but not limited to, for the purpose of keeping historical records and making those records available via the Council’s internet site. Generally, the press and public will not be filmed. However, by entering the Council Chambers and using the press or public seating area, you acknowledge that you may be filmed and that any information pertaining to you contained in the video and oral recording of the meeting will be used for webcasting or training purposes and for the purpose of keeping historical records and making those records available to the public. In making this use of your information the Council is processing data which is necessary for the performance of a task carried out in the public interest. If you have any queries regarding this and, in particular, if you believe that use and/or storage of any particular information would cause, or be likely to cause, substantial damage or distress to any individual, please contact dataprotectionofficer@north-ayrshire.gov.uk 2
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North Ayrshire Council, Cunninghame House, Irvine KA12 8EE Licensing Committee Sederunt Eleanor Collier (Chair) Nairn McDonald (Vice-Chair) John Bell Cameron Inglis Christina Larsen Jean McClung Matthew McLean Donald L. Reid Ronnie Stalker Angela Stephen Chair: Apologies: Attending: 3
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Licensing Committee 4 February 2026 IRVINE, 4 February 2026 - At a Meeting of the Licensing Committee of North Ayrshire Council at 10.00 a.m. involving a combination of participation by remote electronic means and physical attendance within the Council Chambers, Irvine. Present (Physical Participation) Eleanor Collier, Cameron Inglis, Christina Larsen, Matthew McLean and Ronnie Stalker. Present (Remote Participation) Donald L Reid. In Attendance D. Grier, Solicitor; C. Pollock, Licensing Manager; D. Robertson, Enforcement Officer, I. Kerr, Licensing Standards Officer; and A. Kellas, Administration Assistant (Licensing) (Legal Services); and S. Wilson, Committee Services Officer (Democratic Services) (Corporate Services). Also in Attendance Licensing Sergeant David Markin and A. Dempster, Licensing Administrator (Police Scotland). Apologies Nairn Angus-McDonald, John Bell and Angela Stephen. Chair Councillor Collier in the Chair. 1. Declarations of Interest There were no declarations of interest by Members in terms of Standing Order 11 and Section 5 of the Code of Conduct for Councillors. 2. Minutes The accuracy of the Minutes of the Meeting of the Licensing Committee held on 14 January 2026 were confirmed and the Minutes signed in accordance with Paragraph 7(1) of Schedule 7 of the Local Government (Scotland) Act 1973. 3. Civic Government (Scotland) Act 1982 and other Licensing statutes: Licensing Matters 3.1 Taxi Driver & Operator Licences: Tyler Macaulay - TDL/02581 The applicant, having been duly cited to attend, was present. Representatives from Police Scotland were also in attendance. Police Scotland addressed the Committee on the terms of a letter setting out their objection. Agenda Item 2 5
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The applicant then addressed the Committee and responded to questions. In terms of Standing Order 6.8, the Chair agreed that the meeting be adjourned at 10:25 a.m., reconvening at 10:33 a.m. with the same Members and officers present and in attendance (as previously, by remote electronic means or in person). The Committee agreed that it had sufficient information available to allow it to make a decision in respect of this matter. Decision Councillor Larsen, seconded by Councillor Reid proposed to refuse the application on the basis that the applicant was not considered to be a fit and proper person to hold such a licence. There being no amendment, the motion was declared carried. 3.2 Taxi Driver & Operator Licences: Darren McCartney – TDL / 02575 The applicant, having been duly cited to attend, was present. Representatives from Police Scotland were in attendance. Police Scotland addressed the Committee on the terms of a letter setting out their objection. The applicant then addressed the Committee and responded to questions. The Committee agreed that it had sufficient information available to allow it to make a decision in respect of this matter. Decision Councillor Stalker, seconded by Councillor Larsen moved that the Committee grant the Taxi Driver Licence subject to the necessary checks and approvals processes undertaken by the Licensing Section. There being no amendment, the motion was declared carried. Accordingly, the Committee unanimously agreed (a) that the grant of the Taxi Driver Licence, be approved subject to the necessary checks and approvals processes undertaken by the Licensing Section; and (b) to delegate authority to the Solicitor (Licensing) to grant the application. 3.3 Taxi Driver & Operator Licences: Andrew Watt – TDL / 01935 The applicant, having been duly cited to attend, was not present. Representatives from Police Scotland were in attendance. The Committee, having considered the evidence before it, agreed that it had sufficient information available to allow it to make a decision in respect of this matter. Decision Councillor Collier, seconded by Councillor McLean moved that the Committee revoke the Taxi Driver Licence with immediate effect. There being no amendment, the motion was declared carried. 6
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3.4 Taxi Licence – Streamline Taxis The Chair noted that this case would be continued to a future meeting of the Licensing Committee. 3.5 Taxi Driver & Operator Licences: Abdulsalam Idlebi - TDL/02512 The applicant, having been duly cited to attend, was present. The complainants were also in attendance. The complainants addressed the Committee and responded to questions. The applicant then addressed the Committee and responded to questions. In terms of Standing Order 6.8, the Chair agreed that the meeting be adjourned at 11:22 a.m., reconvening at 11:36 a.m. with the same Members and officers present and in attendance (as previously, by remote electronic means or in person). The Committee agreed that it had sufficient information available to allow it to make a decision in respect of this matter. Decision Councillor Larsen, seconded by Councillor Stalker proposed that a 14 day suspension be applied to the applicant’s Taxi Driver Licence. There being no amendment, the motion was declared carried. 3.6 Late Hours Catering Licence – Shabir Hussain - LHCL/149 The applicant, having been duly cited to attend, was present. The objector to the application was also in attendance. The objector addressed the Committee and responded to questions. The applicant then addressed the Committee and responded to questions. In terms of Standing Order 6.8, the Chair agreed that the meeting be adjourned at 11:56 a.m., reconvening at 12:06 p.m. with the same Members and officers present and in attendance (as previously, by remote electronic means or in person). The Committee agreed that it had sufficient information available to allow it to make a decision in respect of this matter. Decision The Committee unanimously agreed to grant the Late Hours Catering Licence till 12:00 a.m. daily. 7
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3.7 Street Trader Operator – Abby Lavery - STL.O/539 The applicant, having been duly cited to attend, was present. The applicant addressed the Committee and responded to questions. The Committee agreed that it had sufficient information available to allow it to make a decision in respect of this matter. Decision Councillor Stalker, seconded by Councillor McLean proposed that the application be granted. There being no amendment, the motion was declared carried. 4. Urgent Items In terms of Standing Order 10.8, the Chair advised the Committee had received an urgent item which she had agreed to consider. 4.1 Temporary Late Hours Catering Licence - McDonalds Restaurants Ltd - LHCL/151 The applicant, having been duly cited to attend, was present. A representative from Anderson Strathern LLP was also in attendance and addressed the Committee on behalf of the applicant. The Committee agreed that it had sufficient information available to allow it to make a decision in respect of this matter. Decision Councillor Reid, seconded by Councillor McLean proposed that the application be granted. There being no amendment, the motion was declared carried. The meeting ended at 12:25 p.m. The full meeting proceedings can be viewed at https://north-ayrshire.public-i.tv/core/portal/home 8
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NORTH AYRSHIRE COUNCIL 4 March 2026 Licensing Committee Title: Civic Government (Scotland) Act 1982 and other Licensing statutes: Licensing Matters Purpose: To advise the Committee of: a) Hearings to be determined Recommendation: 1) That the Committee should decide whether or not to make a Resolution excluding the public from the meeting at which any of the matters in this Report are to be considered; 2) That the Committee consider and determine the matters before them. 1. Executive Summary 1.1 The Licensing Committee's remit is to exercise the Council's licensing functions. These functions arise under many statutes, mainly the Civic Government (Scotland) Act 1982. Depending on the legislation and the circumstances of each individual case, the Committee is entitled to grant, refuse, renew, vary, suspend and revoke Licences. 2. Background 2.1 The Committee’s business under the 1982 Act is as follows: Appendix A - Licences and Permits where Hearings have been convened Exempt Information 2.2 The Committee will consider "Exempt Information" under the Local Government (Scotland) Act 1973, Schedule 7A. The information is covered by one or more of the following categories of "Exempt Information" under Schedule 7A: Paragraph 3: "Information relating to any particular applicant for, or recipient or former recipient of, any service provided by the authority." Paragraph 6: "Information relating to the financial or business affairs of any particular person (other than the authority)." Paragraph 14: "Any action taken or to be taken in connection with the prevention, investigation or prosecution of crime." Agenda Item 3 9
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Paragraph 15: "The identity of a Protected Informant" - where "Protected Informant" is defined in Part III as a person who informs the Local Authority about a past, present or future crime, breach of statutory duty, breach of planning control, or nuisance. 2.3 The details of the cases in the Appendix, with any relevant documents (such as letters from the Police or objectors) are in the background papers given to Committee Members and will be sent to the respective Applicants or Licence-Holders before the Meeting. The Schedules are excluded from the published Agenda under Local Government (Scotland) Act 1973, Section 50B(2) and (5). This has been done as the Clerk considers that the meeting is likely not to be open to the public while those Schedules are being considered, as they contain "Exempt Information". 2.4. The Committee is entitled, but not obliged, to make a Resolution excluding the public from a meeting during consideration of an item of business whenever it is likely, in view of the nature of the business to be transacted or the nature of the proceedings, that if members of the public were present during consideration of that item of business there would be disclosure to them of "Exempt Information" (Section 50A(4)). 2.5. For example: Paragraph 3 could apply in relation to information or advice requested by a member of the public. Paragraph 6 could apply to a business activity (such as where an Applicant wants a Licence for business or employment). Paragraphs 14 or 15 could apply where it was alleged that there was criminal conduct or anti-social behaviour committed by or against a Licence-Holder or Applicant for a Licence, or where the Committee was told that any person had committed a criminal offence (whether or not there had been concluded Court proceedings). 2.6. Accordingly, if a Resolution is made: (a) the publicly-accessible Minutes will exclude so much of the proceedings during which the public were excluded (Section 50C); (b) the Minutes will include a summary of the proceedings without disclosing the ‘Exempt Information’ (Sections 50C(2) & 50C(1)(b)). 3. Proposals 3.1 It is proposed that the Committee consider and determine each of the listed cases in accordance with the required procedure. 4. Implications/Socio-economic Duty Financial 4.1 There are possible financial implications in relation to any Licensing decision. 10
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Human Resources
4.2 None
Legal
4.3 There are possible legal implications in relation to any licensing decision. Depending
on the legislation, there may be a right of appeal.
Equality/Socio-economic
4.4 Equality Act 2010 imposes duties on the Council:
Section 1(1) ("Public sector duty regarding socio-economic inequalities"): the Council
"must, when making decisions of a strategic nature about how to exercise its
functions, have due regard to the desirability of exercising them in a way that is
designed to reduce the inequalities of outcome which result from socio-economic
disadvantage."
Section 149(1) ("Public sector equality duty"): the Council
"must, in the exercise of its functions, have due regard to the need to -
(a) eliminate discrimination, harassment, victimisation and any other conduct
that is prohibited by or under [that Act];
(b) advance equality of opportunity between persons who share a "Relevant
Protected Characteristic" and persons who do not share it;
(c) foster good relations between persons who share a "Relevant Protected
Characteristic" and persons who do not share it."
The "Relevant Protected Characteristics" are: age; disability; gender
reassignment; pregnancy and maternity; race; religion or belief; sex; and sexual
orientation.
The Clerk has considered these Duties in preparing this Report and any specific impacts
will be evaluated where appropriate. Unless the Clerk advises the Committee otherwise
in a particular case, there are no significant impacts to be considered
Climate Change and Carbon
4.5 None.
Key Priorities
4.6 North Ayrshire Council has priorities for "Communities and Local Democracy" and
"Wellbeing" in the Council Plan 2023-2028 An effective licensing system, e.g.
monitoring the 'fit and proper' status of hire-car drivers and the safety of their cars, helps
achieve Strategic Aim-Wellbeing.
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Community Wealth Building 4.7 There are no Community Wealth Building issues. Islands Communities Impact Assessment (ICIA) 4.8 None United Nations Rights of the Child (UNCRC) 4.9 None Consumer Duty 4.10 None 5. Consultation 5.1 Consultations have been undertaken where appropriate with Police Scotland, Scottish Fire and Rescue, and Council Directorates. Aileen Craig Head of Democratic Services For further information please contact Raymond Lynch, Manager, Legal Services, on Licensing@north-ayrshire.gov.uk. Background Papers None 12
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Appendix A PEL/832 Case 1 Applicant Public Entertainment Licence (temporary) John Thomson Case 2 Applicant Short Term Let Licence Fiona Holden NA00935N Case 3 Licence Holder Taxi Driver Licence Michael Shennan TDL/2100 Case 4 Applicant Taxi Driver Licence Robert Campbell Case 5 Applicant Taxi Driver Licence Dylan Sargent TSL/02558 (NEW) TDL/1918 (NEW) 13
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1 NORTH AYRSHIRE COUNCIL 4th March 2026 Licensing Committee Title: Short-Term Let Licensing Policy Review 2026 with Revised Fees Purpose: To propose a revised Short-Term Let (STL) policy, to introduce a revised STL fee schedule and to note the move online for application forms and associated processes. Recommendation: That the Committee: (1) approves the revised STL Licensing Policy (2026) at Appendix A; (2) approves the revised STL fee schedule set out in Appendix C with effect from 1 April 2026 (and for subsequent publication on the Council website) and notes that the fees may be reviewed from time to time in line with other Civic licensing fees; (3) agrees that the Council move to an online STL application form process (with paper forms still available on request, where required). (4) delegate authority to the Senior Manager, Legal Services (in consultation with the Chair, where necessary) to make any final, minor drafting adjustments to the Policy prior to final publication and implementation, provided these do not materially alter its substance 1. Executive Summary 1.1 The Licensing Committee exercises the functions of the Council as "Licensing Authority" under many statutes, including the Civic Government (Scotland) Act 1982 (as amended by the Criminal Justice and Licensing (Scotland) Act 2010). 1.2 This report asks the Committee to approve a revised North Ayrshire Council STL Licensing Policy, updated STL fees, and associated application/process changes for the Council’s STL licensing scheme. The revised policy replaces the current policy and brings the Council’s approach up to date in line with the Civic Government (Scotland) Act 1982, the Civic Government (Scotland) Act 1982 (Licensing of Short-term Lets) Order 2022 (the “STL Order”), and the subsequent 2024 amendment order. It also reflects operational experience since the scheme was introduced and provides a clearer, more consistent framework for applicants, licence holders and officers. Agenda Item 4 15
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2 1.3 The policy has been restructured and expanded to provide a clearer statement of the Council’s position on key matters including processing and decision-making, amendments/variations, transfers, provisional licences, temporary licences, complaints, compliance and enforcement, and application requirements. It also introduces a more robust annex structure and uses legislative references to support consistency and future review. 1.4 The report also proposes revised STL fees. The proposed fee structure retains the current 1–4 and 5+ guest capacity bands but updates charges to better reflect the work involved in administering and determining applications and related transactions. The proposed fees also bring North Ayrshire Council closer to the levels applied by neighbouring authorities, while remaining proportionate. The report includes an income impact assessment and percentage uplift based on recent application volumes. 1.5 Finally, the report notes the move to updated/online application forms and processes, which will improve the quality and consistency of applications, support more efficient processing, and reduce avoidable delays. 2. Background 2.1 North Ayrshire Council’s STL Licensing Policy was originally approved by the Licensing Committee on 26 September 2022, following the introduction of the national STL licensing regime under the Civic Government (Scotland) Act 1982 and the Civic Government (Scotland) Act 1982 (Licensing of Short-term Lets) Order 2022 (the “STL Order”). 2.2 When approving the policy, the Committee agreed that the Council’s approach would be kept under review and that a policy review would be undertaken once the scheme had been operating in practice and there was sufficient local experience of processing and determining applications. 2.3 Since implementation of the scheme, the Council has gained practical experience of the volume and type of applications received, recurring processing issues, and the areas where greater clarity would assist applicants, licence holders and officers. In addition, the legislative framework has been updated, including through the 2024 amendment order, which introduced a number of changes relevant to the Council’s policy and processes. 2.4 In particular, the 2024 amendment order introduced or clarified provisions in relation to: - transfer of STL licences; - provisional STL licences (and subsequent confirmation); - temporary exemptions (including clarification of the maximum periods); - single licences for multiple accommodation on the same premises; - certain excluded accommodation categories; and - updated mandatory condition requirements, including additional information to be displayed for guests in relation to carbon monoxide alarm instructions and, where relevant, mobile gas cabinet heater safety instructions. 16
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3 2.5 This review has therefore been undertaken to update and strengthen the Council’s policy framework, reflect operational learning, improve clarity and consistency, and ensure the policy remains aligned with the 1982 Act, the STL Order, and the 2024 amendment order. 2.6 In parallel with the policy review, the Council has also reviewed the current STL fee structure and application processes, including the move to updated/online forms, to support a more efficient and sustainable administration of the scheme. 3. Proposals 3.1 The Council has undertaken a full review of its STL Licensing Policy and associated application/process documentation. The review has been informed by operational experience since implementation of the scheme, changes to the legislative framework, and the need to provide a clearer and more consistent policy for applicants, licence holders and officers. 3.2 The proposals brought forward in this report are: a) Revised STL Licensing Policy To approve the revised North Ayrshire Council Short-Term Let Licensing Policy, which replaces the current policy. The revised policy provides a clearer structure, updated wording and revised annexes, and reflects the Council’s operational experience in processing and determining applications. It also updates the policy to reflect the legislative framework under the 1982 Act, the STL Order and the 2024 amendment order, including changes relating to transfers, provisional licences, temporary exemptions and updated mandatory conditions. b) Clarified application and decision-making framework To adopt the revised policy structure which provides a clearer statement of the Council’s approach to application processing, delegated powers, committee referral, amendments/variations, transfers, compliance and enforcement. The revised annexes also provide a clearer checklist-based framework for application requirements and supporting documentation. c) Updated fees and charging structure To approve a revised STL fee structure. The proposed fees retain North Ayrshire Council’s current 1–4 and 5+ guest bands, but update charges to better reflect the work involved in processing and determining applications and related transactions. The revised fees are also intended to bring North Ayrshire Council closer to the fee levels applied by neighbouring authorities, while remaining proportionate and locally workable. 17
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4 d) Website-published fee schedule To confirm the Council’s approach of publishing the current STL fees on the Council website (with Annex B in the policy signposting to the published fee schedule), rather than embedding fixed fee amounts in the policy document. This will allow fees to be reviewed and updated without requiring a full policy redraft each time. e) Online application forms and process improvements To implement updated/online STL application forms and related digital processes, with paper forms remaining available where required. This is intended to improve consistency of applications, reduce avoidable delays caused by incomplete submissions, and support more efficient administration of the STL licensing scheme. f) Implementation and publication To authorise final formatting, administrative and publication updates to the revised policy, revised forms and fee schedule following Committee approval. 4. Revised STL Policy 4.1 The revised policy has been comprehensively restructured and redrafted. The current policy was prepared at the point the national scheme was introduced and, while it has operated as the Council’s initial framework, a full review was anticipated once the scheme had been in operation and local experience had been gained. The revised policy reflects that operational experience and provides a clearer, more practical and more consistent framework for applicants, licence holders and officers. 4.2 The revised policy also updates the Council’s local policy framework to reflect the current legislative position under the 1982 Act, the STL Order and the 2024 amendment order. In particular, the revised policy now includes clearer and more developed sections dealing with matters such as transfers, provisional licences, temporary licences/exemptions, application requirements, compliance expectations and ongoing records/documentation. 4.3 A key change in the revised policy is the clearer structure for processing and decision-making. The revised policy provides a more explicit statement of the Council’s approach to application processing, delegated powers, referral to Committee, and the information that may be required to determine applications and related requests. This is intended to improve consistency of decision-making and provide greater clarity for applicants on what is required. 4.4 The revised policy also introduces a clearer distinction between amendments and variations in relation to changes to existing STL licences. This reflects the Council’s operational approach and provides a more practical framework for dealing with changes to licensed premises or licensed arrangements, while retaining flexibility for the Council to determine the appropriate route in individual cases. 18
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5 4.5 The annex structure has also been revised. In particular, the revised annexes now provide a more practical and future-proof framework for application requirements (including supporting evidence); records and documents to be retained for compliance purposes and publication of fees via the Council’s website. This revised structure is intended to improve usability and reduce the need for frequent policy redrafting where operational forms, guidance or fees are updated. 4.6 Overall, the revised policy is intended to provide a clearer and more robust local policy framework for the administration of the STL licensing scheme in North Ayrshire, while remaining aligned with the statutory regime and capable of being updated and applied consistently in practice. 5. Proposed STL Fees 5.1 As part of the review, the Council has also reviewed the current STL fee structure. The proposed fee revisions are intended to better reflect the work involved in processing and determining applications and related transactions, while bringing North Ayrshire Council’s fees more closely into line with neighbouring authorities. 5.2 The proposed fee model retains the Council’s existing capacity bands of 1–4 guests and 5+ guests. This maintains a structure which is already familiar to applicants and officers, while allowing fees to be updated in a proportionate and workable way. The proposed revisions increase the core licence fees and also introduce/clarify charges for related application types, including amendments, variations, transfers and provisional applications. 5.3 It is proposed that: • the core STL licence fees (grant and renewal) are increased in line with the revised fee table contained in the following section of this report; • the amendment fee is set at £75; • a revised variation fee is set at £90; • a specific transfer fee is set at £110; • a specific provisional licence fee is 25% of the equivalent full licence fee for that licence type/capacity band with the remaining 75% of the full licence fee payable on application for confirmation of the provisional licence; and • any temporary licence fee is set at 50% of the equivalent full licence fee for that licence type/capacity band. 5.4 The revised policy supports a website-published fee schedule, with the policy (Annex C) signposting applicants to the current fees published on the Council’s website. This means future fee updates can be implemented more efficiently without requiring a full policy redraft. 5.5 Detailed proposed fee figures, percentage increases and projected income impact are set out in the following section, together with comparator information from neighbouring authorities. 19
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6 6. Financial Implications of Fee Increase 6.1 The Committee is asked to approve an updated Short-Term Let fee structure, to take effect from 1 April 2026. This aligns implementation with the start of the Council’s financial year and avoids uncertainty or a potential “double increase” if a separate Council-wide annual fee uplift is also applied from 1 April 2026. 6.2 The proposed fee revisions form part of the wider review of the Short-Term Let Policy and are intended to support a clearer, more sustainable and administratively consistent fee structure, while maintaining a cost-recovery approach in line with the licensing scheme. 6.3 The revised fees have been prepared having regard to: • the Council’s experience of administering the Short-Term Let licensing scheme since implementation; • the increase in officer time and processing requirements now being experienced (including renewals); • benchmarking against neighbouring local authorities; and • general economic inflationary pressures since the original policy and fee structure were introduced. 6.4 It is proposed that the fee table be updated as set out in Appendix C (Proposed STL Fees Schedule), with the key changes including: • revised grant and renewal fees by licence type and occupancy band; • provisional licence fee set at 25% of the applicable full grant fee, with confirmation of provisional licence charged at the remaining 75%; • variation fee set at £90; • transfer fee set at £110; • amendment fee set at £75; and • temporary licence fee set at 50% of the applicable full licence fee for the relevant licence type. 6.5 The proposed 25% / 75% split for provisional licences provides a practical and proportionate charging structure. It allows a reduced initial fee at provisional stage, with the balance only becoming payable when the provisional licence is confirmed. This approach is also consistent in principle with the structure used by other authorities. 6.6 The proposed transfer fee is set higher than the variation and amendment fees. This reflects the Council’s operational experience that transfer applications generally require additional officer input, including correspondence and checks involving both the transferor and the transferee, and therefore involve a greater administrative resource than a standard amendment or variation. 20
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7 6.7 The proposed fees are also intended to move North Ayrshire closer to the charging levels of neighbouring authorities. Officer benchmarking against neighbouring councils indicates that North Ayrshire’s current fees are, in a number of categories, lower than comparable authorities, and that the proposed revisions would improve regional consistency while remaining within a broadly comparable range (noting that other councils’ fees may also be subject to change from 1 April 2026). 6.8 In addition to benchmarking, the proposed increases are justified by broader economic conditions since the original STL scheme fees were introduced. The Office for National Statistics reports CPI inflation of 3.0% in the 12 months to January 2026, and the CPI index has increased materially since the early period of the STL scheme, despite annual Council fee uplifts already being applied in April each year. This supports the view that a further review of STL fees is appropriate to maintain reasonable cost recovery. 6.9 Members should note that renewals under the STL scheme are now becoming a material part of administration and income. The initial wave of licences granted following commencement of the scheme will begin to fall due for renewal from May 2026 onwards. As a result, the revised renewal fees are an important part of ensuring the fee structure remains fit for purpose and proportionate to the work involved in processing renewal applications. 6.10 Officers have also reviewed current STL licence volumes and fee income based on Northgate reporting information provided by Legal Services administration. As at the date of reporting, there are approximately 976 active STL licences (excluding surrendered licences), and total fees collected to date are reported at approximately £218,761. This demonstrates that the scheme is now established at scale and that a revised fee structure is required to reflect the ongoing administrative workload, including renewals, amendments, transfers and compliance-related processing. 6.11 A breakdown of current STL fee income and an officer estimate of licence distribution by fee category (derived from the available income figures and current fee bands) is provided in Appendix E for information. This is intended to provide Members with context on the current composition of the STL scheme and the likely impact of revised renewal fees as the first renewal cycle progresses during 2026/27. 6.12 In financial terms, the exact increase in annual STL fee income cannot be stated with certainty, as this will depend on: • the number and type of applications received; • the occupancy category of premises; • the volume of renewals falling due; • the number of amendments, variations and transfers; and • any changes in licence numbers during the period. 21
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8 6.13 For that reason, the report does not present a definitive projected income increase figure. Instead, the report provides: • the proposed revised fee schedule; • a comparison with neighbouring authority fee levels; and • current North Ayrshire STL licence and fee-income data. This will allow Members to assess the reasonableness and proportionality of the proposed changes. 6.14 The proposed fee revisions are considered to represent a justified and proportionate update to support the continued administration and enforcement of the Short-Term Let licensing scheme on a cost-recovery basis, while also improving consistency with neighbouring councils and reflecting the maturation of the scheme into the renewal phase. 7. Legal and Policy Implications 7.1 The Council’s Short-Term Let licensing scheme operates under the Civic Government (Scotland) Act 1982, as modified by the Civic Government (Scotland) Act 1982 (Licensing of Short-term Lets) Order 2022 (the “STL Order”), as amended by the 2024 amendment order. 7.2 The proposed revised Short-Term Let Policy updates and replaces the Council’s current policy to reflect: • the current legislative framework; • the Council’s operational experience since implementation of the scheme; and • the need for a clearer and more consistent local policy framework for applicants, licence holders and officers. 7.3 The revised policy does not alter the statutory framework itself. Rather, it sets out the Council’s local approach to the administration and operation of the scheme within that framework, including matters such as: • application processing; • delegated powers and referral to Committee; • amendments and variations; • transfers; • provisional licences; • temporary licences and exemptions; • compliance and enforcement; and • supporting documentation and record-keeping. 7.4 The revised policy also updates the Council’s policy wording and annex structure to reflect changes introduced through the 2024 amendment order, including the provisions relating to transfers and provisional licences, and updated mandatory condition requirements. 22
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9 7.5 The proposed fee revisions are also consistent with the Council’s role as licensing authority in administering the STL scheme. The fee structure is intended to support a cost-recovery approach which is proportionate, transparent and capable of practical administration. 7.6 The report also proposes that the revised STL fees take effect from 1 April 2026. This supports legal and administrative clarity by aligning the commencement date with the Council’s financial year and reducing the risk of confusion arising from overlapping fee changes within a short period. 7.7 Subject to Committee approval, the revised policy and fee schedule will be published on the Council’s website and the associated STL application forms, guidance documentation and administrative systems will be updated accordingly, with officers authorised to make any final minor drafting, formatting and administrative amendments required to ensure the approved documents are consistent and ready for implementation. 8. Implications/Socio-economic Duty Financial 8.1 The financial implications of the proposals are set out in section 6 of this report. In summary, the revised fee structure is intended to support justified cost recovery in administering and enforcing the short-term let licensing regime, in line with the Council’s statutory licensing functions. The proposed implementation date of 1 April 2026 will also align the revised short-term let fees with any Council-wide annual fees and charges cycle. Human Resources 8.2 The revised policy and fee structure will continue to require officer input across Legal Services and relevant consultees, including in relation to application processing, renewals, compliance, enforcement and follow-up enquiries. The move to updated online application forms and clearer policy wording is expected to improve administrative efficiency and reduce avoidable queries, while the commencement of renewal applications from May 2026 will create a further programme of work for officers. Legal 8.3 The Council’s short-term let licensing policy must be kept under review and applied in accordance with the Civic Government (Scotland) Act 1982, the Civic Government (Scotland) Act 1982 (Licensing of Short-term Lets) Order 2022, and the Civic Government (Scotland) Act 1982 (Licensing of Short-term Lets) Amendment Order 2024. The revised policy updates the Council’s existing framework to reflect legislative changes, updated mandatory conditions and current operational practice. The proposed fee revisions are also made in the context of the Council’s licensing powers and the principle of cost recovery. Section 7 of this report sets out the legal implications in more detail. 23
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10 Equality/Socio-economic 8.4 An Equality Impact Assessment screening has not yet been completed in respect of the revised policy and associated fee proposals. This will be carried out following the Committee’s determination of the revised policy and fee structure. At this stage, no significant equality or socio-economic impacts have been identified from the proposals, which relate to the updating of the Council’s short-term let licensing framework and associated fees. Climate Change and Carbon 8.5 None Key Priorities 8.6 North Ayrshire Council has priorities for "Communities and Local Democracy” and "Wellbeing" in the Council Plan 2023-2028. The proposals support the Council’s key priorities by maintaining an up-to-date and effective regulatory framework for short-term lets, promoting public safety and compliance, and supporting consistent decision-making. The move toward updated online forms and clearer guidance is also intended to improve accessibility and service delivery for applicants and stakeholders. Community Wealth Building 8.7 None Islands Communities Impact Assessment (ICIA) 8.8 The revised policy applies across the North Ayrshire Council area, including island communities, and is intended to provide a consistent licensing framework. No differential island-specific impacts requiring a separate Islands Communities Impact Assessment have been identified at this stage. United Nations Rights of the Child (UNCRC) 8.9 None Consumer Duty 8.10 The proposals support consumer interests by maintaining an up-to-date licensing framework, reflecting current statutory requirements, and improving clarity in policy and application documentation. This assists applicants, operators and the public in understanding licensing requirements and standards. 24
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11 9. Consultation 9.1 Officers have undertaken internal consultation with relevant Council services and officers involved in the administration and enforcement of the short-term let licensing regime, including review of current application processes and supporting documentation. In preparing the revised policy and proposed fee structure, officers have also benchmarked approaches and fee levels used by neighbouring local authorities. The revised policy is now presented to the Licensing Committee for consideration and approval. Aileen Craig Head of Democratic Services For further information please contact Raymond Lynch, Senior Manager, Legal Services, on licensing@north-ayrshire.gov.uk. Background Papers Appendix A – Revised Short-Term Let Policy (2026) Appendix B – Current Short-Term Let Policy (2022) Appendix C – Proposed STL Fees Schedule (with effect from 1st April 2026) Appendix D – Fee Comparison with Neighbouring Authorities Appendix E – Fee Change Analysis and STL Scheme Position at March 2026 25
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North Ayrshire Council Short-Term Let Licensing Policy Reviewed 4 March 2026 26
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Policy Summary Document title: Short-Term Let Licensing Policy Version: 2.0 Organisation: North Ayrshire Council Service: Licensing Approved by: North Ayrshire Licensing Committee Date approved: 4 March 2026 Effective from: 4 March 2026 This Policy is subject to version control. A routine review will be undertaken every 5 years, however the Policy will also be kept under ongoing consideration and may be updated at any time where required (for example, to reflect legislative change, statutory guidance, case law, operational experience or committee decisions). Version history Version Date approved Effective date Approved by Summary of changes 1.0 26 September 2022 1 October 2022 Licensing Committee First approved policy / implementation of legislation 2.0 4 March 2026 4 March 2026 Licensing Committee Substantive update / revised approach / implementing subsequent legislation 27
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Foreword North Ayrshire Council is committed to ensuring that all our services are delivered with professionalism, transparency, and fairness. This updated Short Term Let policy has been developed to provide consistency of practice, and a shared understanding of the standards expected across the Council and reflects our continual drive to improve guidance for applicants, support effective decision-making, and promote the highest levels of public confidence in the work we do. As the landscape in which we operate evolves and legislation changes, it is essential that our policies remain current, robust, and aligned with best practice. This refreshed 2026 version incorporates updated processes and principles designed to support staff, partners, and Elected Members in delivering safe, lawful, and person-centred services. I would like to thank all colleagues, partners and Council Officers who contributed to the development of this policy. Your experience and insight ensure that the guidance provided here is both practical and meaningful. By applying the standards in the Policy, we reinforce our shared commitment to delivering high-quality services for the people and communities of North Ayrshire. Eleanor Collier Chair of the North Ayrshire Council Licensing Committee 23 February 2026 28
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Contents 1. Policy Statement and Regulatory Approach .............................................................. 5 2. Processing & Decision-Making .................................................................................. 6 3. Scope & How to Use This Policy ................................................................................ 9 4. Short-Term Lets: Meaning & Key Terms ................................................................... 10 5. Licence Duration & Renewal ................................................................................... 12 6. Licence Conditions (Mandatory & Standard) ........................................................... 14 7. Maximum Occupancy & Use of Premises ................................................................ 15 8. Temporary Exemptions & Temporary Licences ........................................................ 16 9. Provisional Licences & Confirmation ...................................................................... 18 10. Transfer of a STL Licence ......................................................................................... 20 11. Amendments and Variations ................................................................................... 22 12. Fees and Charges .................................................................................................... 25 13. Control Areas and Overprovision ............................................................................ 26 14. Equality and Accessibility ....................................................................................... 28 15. Data Protection and Information Sharing ................................................................ 29 16. Management and Operating Standards ................................................................... 30 17. Compliance Monitoring and Inspections ................................................................ 32 18. Complaints and Service Requests .......................................................................... 33 19. Enforcement and Regulatory Action ....................................................................... 35 20. Policy Governance and Review ............................................................................... 37 Annex A – Definitions and Interpretation ............................................................................ 38 Annex B – Fees Table ........................................................................................................... 41 Annex C – Licence Conditions ............................................................................................ 43 Annex D – Application Requirements and Checklist ........................................................... 45 Annex E – Compliance Information..................................................................................... 51 29
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1. Policy Statement and Regulatory Approach 1.1. Statutory Basis North Ayrshire Council (“the Council”) is the Licensing Authority responsible for regulating Short- Term Lets (“STLs”) under the Civic Government (Scotland) Act 1982 (“the 1982 Act”). The Civic Government (Scotland) Act 1982 (Licensing of Short-Term Lets) Order 2022 (“the STL Order”) introduced a mandatory licensing scheme for STL activity in Scotland. 1.2. Why This Policy Exists This Policy Statement explains how the Council will exercise its licensing functions for STLs in a way that is lawful and consistent with the 1982 Act, the STL Order, the Licensing of Short-Term Lets (Amendment) Order 2024 (“the 2024 Order”), mandatory conditions and Scottish Government guidance. In addition, the Council will apply a transparent and proportionate approach to STLs which also focuses on public safety and community amenity, recognising the role STLs can play in tourism and the local economy. 1.3. Regulatory Principles In administering STL licensing, the Council will seek to: - promote guest safety and compliance with mandatory and additional/standard licence conditions; - support neighbour amenity, including reasonable steps to prevent nuisance, disturbance and antisocial behaviour linked to STL use; - ensure decisions are fair, evidence-based and properly reasoned; and - apply the least burdensome approach that still achieves compliance and public protection. 1.4. Key Legislative Updates The 2024 Order made further technical changes to the legislation and introduced three new application types: - Provisional STL Licence – for premises that are under construction or not yet in use, allowing early engagement with the licensing system (note: a provisional licence does not authorise operation until it is confirmed); - Confirmation of Provisional STL Licence – to convert a provisional licence into a full one once the premises are ready and compliant; and - Transfer of an existing STL Licence – allows an existing licence to be moved to a different person or business, subject to consultation. 1.5. Relationship with Licence Conditions and Annexes Mandatory licence conditions are set by Scottish Ministers. The Council can also apply additional/standard conditions and other operational annexes (for example, fees, required documentation and compliance/enforcement information). Defined terms are contained in the Definitions annex and may be highlighted throughout this Policy. 30
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1.6. Better Regulation and Proportionality In exercising its STL licensing functions, the Council will act in a manner that is proportionate, transparent and targeted. The Council will focus regulatory efforts on matters that present the greatest risks to public safety, compliance and residential amenity, and will avoid unnecessary burdens where these are not required to ensure lawful and effective regulation. 1.7. Risk-Based Approach The Council adopts a risk-based approach to compliance and enforcement. This means that resources and interventions will be directed primarily towards the following areas: - serious or persistent non-compliance with licence conditions; - concerns relating to fire safety, building safety or other guest/public safety matters; - substantiated nuisance, antisocial behaviour or neighbourhood impacts linked to STL use; and - failure to cooperate with the Council’s reasonable regulatory requirements. 1.8. Supportive Compliance Where issues are minor, isolated or capable of being promptly resolved, the Council may take a supportive and advisory approach in the first instance, while making clear what is required and the timescales for compliance. This does not prevent formal action where it is necessary or where risks require immediate intervention. 1.9. Escalation and Consistency The Council will apply a consistent approach, escalating action where appropriate. The Council may move directly to formal action where there is an immediate public safety risk, there is evidence of deliberate or reckless non-compliance, or there is repeated failure to comply after advice or warnings. 2. Processing & Decision-Making 2.1 This Part explains how the Council processes and determines applications for STL licences, including the use of delegated powers, consultation and public notification (where required), and the circumstances in which an application will be determined by the Licensing Committee. 2.2 Delegated Powers Applications for STL licences will normally be determined by authorised Council officers under delegated powers. An application may be granted without referral to the Licensing Committee where: a) the statutory framework allows determination under delegated powers; b) any required consultations have been carried out and do not raise material concerns; c) any required public notification/representation steps have been completed (where applicable) and no competent objections or adverse representations have been received; and d) the application is consistent with this Policy and no legal or wider policy concerns arise. 31
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2.3 Application Requirements Applicants must submit the information and supporting documents required by the STL Order and by the Council’s published application requirements. The Council’s application checklist is set out in Annex D (Application Requirements and Checklist). An application will not normally be treated as valid, or progressed to determination, until it is complete and the applicable fee has been paid. 2.4 Referral to the Licensing Committee An application will normally be referred to the Licensing Committee where any of the following applies: a) an objection or relevant representation is received which requires committee determination under the statutory framework; b) a consultation response raises material concerns; c) officers identify concerns about the applicant, the premises, compliance with legal requirements or a potential breach of Council policy; d) a proposed variation is material or contentious and Committee scrutiny is considered appropriate; or e) officers consider referral appropriate in the circumstances of the case (including where further scrutiny is required). 2.5 Consultation The Council will consult relevant bodies such as Police Scotland and the Scottish Fire and Rescue Service, together with any relevant internal services (for example, Housing, Environmental Health or Building Standards where appropriate). The Council will also carry out any public notification and representation procedures required by the statutory framework for the relevant application type. 2.6 Public Notification and Representations Where the statutory framework requires public notification, the Council will take the required steps (for example, site notice and/or other publication requirements) to allow representations or objections to be made within the statutory period. Only competent and material objections or representations will be taken into account. 2.7 Statutory Presumption and Grounds for Refusal In determining an application, the Council must grant the application unless it is satisfied that one or more of the statutory grounds for refusal apply (including those in the 1982 Act and Schedule 1). Grounds include (amongst others) whether: a) the applicant is not a fit and proper person; b) the activity would be managed by or carried on for the benefit of a person who would be refused a licence if they applied themselves; c) the premises are not suitable or convenient for the proposed activity; or d) there is another good reason for refusing the application (for example, because of previous breaches of legal requirements). 32
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2.8 Decision-making approach In determining an application, the Council will have regard to the statutory framework, this Policy, consultation responses and any competent objections/representations. Decisions will be evidence-based, proportionate and reasoned, with each case assessed on its own merits. 2.9 Hearings: Attendance and Representation Where an application is to be considered by the Licensing Committee, the Council will issue a hearing date (or confirm the date already fixed) and will provide the relevant papers in advance. The applicant will be given an opportunity to attend, be represented and/or submit a written statement. The Council will confirm how and when submissions should be made as part of the hearing arrangements. 2.10 If You Do Not Attend If you do not attend, are not represented and do not submit a written statement, the Committee may still determine the application. Applicants should note that, under the 1982 Act, failure to follow the procedures for stating your case to the Council may affect how any appeal is considered. 2.11 Possible Outcomes Following consideration, the Council (or the Committee, where applicable) may: a) grant the application in full; b) grant the application subject to conditions (including additional conditions where lawful and appropriate); c) refuse the application on statutory grounds; d) continue the hearing or defer determination to allow further information to be obtained; e) in the case of a change to an existing licence, determine that the matter can be dealt with as an amendment; or f) determine that a formal variation application is required before the change can be considered. 2.12 Decision notice and reasons The Council will notify applicants of its decision in writing. Where an application is refused (in whole or in part) or granted subject to conditions, the decision notice will provide reasons and will include information about the statutory appeal route. 2.13 Fairness and conduct In assessing an application, members of the Licensing Committee will have regard to the Councillors’ Code of Conduct issued by the Standards Commission for Scotland, including the need to ensure a fair hearing and to avoid any suggestion of bias or pre-judgement. 2.14 Declaration of interests and impartiality Members of the Committee may declare an interest and choose not to participate in the decision- making of any licensing matter in respect of which they have had prior involvement, where they consider this could compromise impartiality. 2.15 Further guidance Applicants should refer to the Council’s guidance note “Advice for going to a Licensing meeting”, which provides practical information on hearings and how to prepare. 33
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3. Scope & How to Use This Policy 3.1. This Policy sets out North Ayrshire Council’s approach to the administration, assessment and determination of applications for STL licences and to compliance and enforcement in respect of licensed premises. It explains how the Council will apply the statutory licensing framework to STLs in North Ayrshire in a way that is transparent, proportionate and consistent. 3.2. Legislation and Guidance This Policy should be read alongside the 1982 Act, the STL Order and the 2024 Order, the mandatory licence conditions prescribed by Scottish Ministers and relevant Scottish Government Guidance. This Policy does not override legislation and where there is any inconsistency between this Policy and the statutory framework, the statutory provisions take precedence. 3.3. Who is Covered? This Policy applies to: • applicants for STL licences (including all other types of STL licences which fall under this legislation); • licence holders and anyone managing or operating a STL on their behalf; and • interested Parties and responsible authorities who may make representations, objections or provide consultation responses as Part of the licensing process. 3.4. Wider Regulatory Framework STL licensing is one part of the wider regulatory framework affecting premises used for visitor accommodation. This Policy deals with the Council’s functions as licensing authority under the 1982 Act. It does not remove the need to comply with other legal requirements, which may include (where relevant) planning control, building standards, fire safety legislation and House in Multiple Occupation (HMO) licensing. Applicants and licence holders are responsible for ensuring that all necessary permissions, approvals and safety requirements are in place. 3.5. Decision-making and Supervision In considering applications and supervising licensed premises, the Council will: - apply this Policy alongside the statutory grounds for refusal and the mandatory and standard conditions; - take account of relevant evidence, including consultation responses and any competent and material representations or objections; - make decisions that are proportionate to the risks identified and which protect public safety and amenity; and - ensure that decision making is fair and transparent, including providing reasons, where required. 34
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3.6. Structure and Supporting Annexes The main text of this Policy explains the Council’s approach to applications, procedure, decision making, conditions and enforcement. Supporting materials such as standard conditions are set out in the annexes. 3.7. Updates Where annexes are updated from time to time (for example, to reflect updates in guidance or operational processes), the Council will ensure this Policy and associated materials remain current and consistent with the statutory framework. 4. Short-Term Lets: Meaning & Key Terms 4.1. Statutory Meaning of a Short-Term Let (STL) For the purposes of this Policy, a Short-Term Let (STL) has the meaning set out in the Civic Government (Scotland) Act 1982 (Licensing of Short-Term Lets) Order 2022 (as amended). 4.2. General Meaning In general terms, a STL involves providing residential accommodation to a guest, in the course of business, for commercial consideration, where the arrangement does not fall within an exemption or exclusion under the STL Order. 4.3. Determining a STL In deciding whether an arrangement amounts to a STL (and what type of STL it is), the Council will consider the facts and circumstances of the accommodation and the way it has been made available, not just how it is described in advertisements, booking platforms or agreements. The grant, renewal, confirmation or transfer of a STL is without prejudice to planning control and does not constitute planning permission or confirmation that the premises may lawfully be used as a STL under planning legislation. 4.4. STL Types For licensing purposes, the STL Order defines the types of STL as one of the following: a) Secondary Letting; b) Home Letting; c) Home Sharing; or d) Home Letting and Home Sharing The application form will ask the applicant to select the relevant type of STL. The licence (once granted) will specify the authorised STL types and the premises must only be used in accordance with that authorisation. 35
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4.5. Change of Circumstances If the way a premises is used changes (for example, the operator moves in/out, the nature of use changes or the operator proposes to operate under a different STL type), the licence holder should contact the Council to discuss whether an application is required to vary the STL type authorised within the licence. 4.6. Exemptions and Exclusions A STL licence is not required where the arrangement does not meet the definition of a STL or where it falls within an exemption or exclusion in the STL Order. This includes “excluded accommodation” and “excluded tenancies” as set out in Schedule 1 to the STL Order. 4.7. Immediate Family Member Exemption For the avoidance of doubt, where accommodation is provided only to an immediate family member of the host, the arrangement does not amount to a STL for the purposes of the STL Order. Where this applies in any case depends on the statutory definition and the facts and circumstances of the arrangement. 4.8. Applicant Responsibility It is the responsibility of applicants and licence holders to satisfy themselves that a STL is required (and if so, what type of STL applies). Where an applicant considers that an exemption or exclusion applies, they should ensure they have appropriate supporting information available. 4.9. Legal Advice Whether a particular arrangement is exempt, or whether accommodation/tenancies are excluded, depends on the facts and the legal circumstances around the particular arrangement. The Council cannot provide legal advice on whether premises are exempt or excluded from requiring a STL licence. Applicants and licence holders should obtain their own independent legal advice, where required. 4.10. Defined Terms Key terms used in this Policy are set out in Annex A (Definitions) and should be referred to for further consideration. 4.11. Legislative Changes Summaries and examples in this Policy reflect the STL Order as at the date this Policy is published. Where any summary or term in this Policy differs from the statutory definition in the STL Order (or subsequent relevant legislation), the statutory definition shall prevail. 36
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5. Licence Duration & Renewal 5.1. This Part sets out the Council’s Policy on the period for which a STL licence will have effect; the Council’s general approach to renewal and the circumstances in which the Council may consider a shorter duration appropriate. This Part should be read alongside Part 2 (Processing and Decision-Making), which explains how applications are processed and determined and Part 6 (Licence Conditions). 5.2. Duration of Licence A STL licence granted by the Council will normally have an effect for a period of three years from the date it comes into force, unless the Council determines that a shorter duration is appropriate in the circumstances of the case. 5.3. Renewal Period On renewal, the Council will normally renew a STL for a further period of three years, although each case will be determined on its own merits. The Scottish Government’s guidance encourages renewals for a period of three years unless there are good reasons to do otherwise. 5.4. Shorter Duration The Council may grant or renew a STL licence for less than three years where it is deemed proportionate and appropriate on the facts and circumstances of the individual case. The Council may consider a shorter duration where, for example, there is/are: - substantiated or recurring complaints or concerns (including noise, nuisance or anti-social behaviour); - history of non-compliance with licence conditions or relevant safety requirements; - adverse consultation information which justifies an earlier review; - additional conditions imposed to mitigate particular risks which prompts an earlier review; or - other case-specific factors indicating closer oversight is required. 5.5. Renewal Applications Lodged Before Expiry Where an application for renewal is made before the licence expires, the existing licence will continue to have effect until the renewal application is determined in accordance with the statutory framework and the Council’s processes. 5.6. Late Renewals It is the licence holder’s responsibility to ensure that an application to renew a STL licence is submitted before the licence expires. The Council’s position is that renewal applications must be made timeously and the Council will not accept late applications as a renewal. Where a licence has expired, the licence holder must submit a new application for a STL licence and not operate the premises as a STL during the period that there is not a licence in force. 37
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5.7. Commencement of a STL Licence Applicants must not operate a premises as a STL until the licence is in force. In some circumstances (for example, where there are objections made to the application), there may be a delay in the licence coming into force and applicants should follow the effective date shown on the licence once received. 5.8. Death of a Licence Holder In the event of the death of a licence holder, the licence is deemed to be transferred to the licence holder’s executor(s) for a period of three months. The executor period may be extended where the Council is satisfied that the extension is necessary for the purpose of winding up the deceased’s estate. The executor(s) of an estate should notify the Council as soon as reasonably practicable and may be asked to provide evidence of their status (which may include copies of the deceased’s death certificate and their Will). 5.9. Joint Licence Holders Where a STL licence is held jointly and one joint holder ceases to be a licence holder for any reason, the licence will continue in force as if held by the remaining licence holder for a period of six weeks from the date of cessation. The remaining licence holder must notify the Council immediately and must make any required application within the six week period. If no appropriate application is made within the six-week period, the licence will automatically cease to have effect and the premises must not be operated as a STL. 5.10. Surrender of Licence A licence holder may surrender a STL licence at any time by giving the Council written notice of surrender and returning the licence (where requested). Surrender takes effect on the date the Council records the surrender (or such other date as may be agreed in writing). 5.11. Provisional Licences Where a provisional STL licence is granted, it is of no effect unless and until it is confirmed by the Council. A provisional STL is treated as revoked automatically if it is not confirmed within 3 years from the date it was issued. This means the provisional licence will cease to exist at the end of that period if confirmation has not been secured. 5.12. Incapacity and Authorised Representatives Where a licence holder becomes unable to manage their affairs (for example, due to incapacity), the Council will deal with communications and requests relating to the licence through a person with lawful authority to act on the licence holder's behalf (such as relevant powers under a valid Power of Attorney or a court-appointed guardian), subject to the production of satisfactory evidence of that authority. The Council may request updated information about management arrangements, contact details and day-to-day responsibility for compliance purposes. 38
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Where the intention is that a different person or entity will operate the STL going forward (as opposed to simply acting for the existing licence holder), the appropriate application route under the STL licensing scheme must be followed. The Council expects the representative of the existing licence holder to notify the Council as soon as reasonably practicable of any such change. Failure to notify the Council of changes to control or management of the premises may be treated as a compliance matter. 5.13. Additional Information Nothing in this Policy (including this Part) creates any entitlement to the grant or renewal of a STL licence, the duration of the licence or to any particular outcome. Each application will be determined on its own merits in accordance with the statutory framework, any relevant evidence, consultation responses and any relevant representations or objections. For the avoidance of doubt, premises must be operated strictly in accordance with the STL licence. Premises must not be operated a STL at any time when a licence is not in force (including where a licence has expired, has been surrendered or revoked, has not yet come into force or where a provisional licence has not been confirmed). Any operation without a valid licence may be treated as unlicensed activity and constitute a criminal offence under section 7 of the Civic Government (Scotland) Act 1982 and may be reported for enforcement action. The Council may also take such unlicensed activity into account when determining any future application or renewal for the premises or operator. 6. Licence Conditions (Mandatory & Standard) 6.1. This part sets out the Council’s approach to licence conditions for STLs, including the mandatory conditions prescribed by Scottish Ministers, the Council’s standard conditions and the circumstances in which additional conditions may be applied to individual licences. 6.2. Mandatory Licence Conditions All STL licences granted by the Council are subject to the mandatory licence conditions prescribed by the Scottish Ministers under the 1982 Act, the STL Order and the 2024 Order. The mandatory conditions are set out in Schedule 3 of the STL Order. The Council has no discretion to remove or vary mandatory conditions and where there is any inconsistency between this Policy and the statutory provisions, the statutory provisions take precedence. 6.3. Standard Conditions In addition to the mandatory conditions, the Council will apply standard STL conditions, which are intended to promote consistent regulation across North Ayrshire and to support public safety, residential amenity and regulatory compliance. The Council’s standard conditions are further explained in Annex C. 39
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6.4. Additional Conditions The Council may attach additional or bespoke conditions to a STL licence where it considers this is necessary and proportionate to the statutory framework, the facts and circumstances of the case, consultation responses, relevant representations/objections and any identified risks. 6.5. Compliance and Enforcement Licence holders must comply with all mandatory and standard conditions along with any additional conditions attached to the licence. Conditions are enforceable and failure to comply may result in enforcement action, including a review of the licence, variation, suspension or revocation and may also be relevant to the determination of any future application or renewal. 6.6. Updating Standard Conditions The Council may update its standard conditions from time to time to reflect changes in legislation, Scottish Government guidance and operational experience. Where standard conditions are updated, they will apply to new applications and to all renewal applications and other application types determined on or after the date on which the updated conditions take effect. 7. Maximum Occupancy & Use of Premises 7.1. This part sets out the Council’s approach to maximum occupancy and the use of premises listed as STLs. It should be read alongside Part 6 (Licence Conditions). 7.2. Maximum Occupancy The Council will specify the maximum number of guests permitted to use the premises at any one time (“maximum occupancy”) on each STL licence. Maximum occupancy will be determined on a case-by-case basis, having regard to factors such as: - the size, layout and condition of the premises (including sleeping accommodation and sanitary facilities); - relevant fire safety and other safety requirements; - the nature of the building (for example, tenement, flatted block, terraced or detached property) and any shared or common areas; and - the potential impact on neighbours and residential amenity. Maximum occupancy is a mandatory licence condition under Schedule 3 of the STL Order. Licence holders must ensure that the number of guests does not exceed the maximum occupancy specified on the licence. 40
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7.3. Children For the purposes of calculating maximum occupancy under this Policy, children under 10 years of age will not be counted towards the maximum number of guests, unless otherwise expressly stated on the licence. In adopting this approach, the Council has had regard to the treatment of children within Part VII of the Housing (Scotland) Act 1987. This does not remove the requirement for the premises to be safe and suitable for occupants of all ages. When assessing the appropriate maximum occupancy number for a particular premises, the Council may take account of the likely presence of children and may, where necessary in the interests of safety or amenity, set a lower maximum occupancy number than would otherwise apply. 7.4. Use of Premises and Guest Conduct STL premises must be used in a way that is consistent with the terms of the licence and all licence conditions. Licence holders are responsible for taking reasonable steps to ensure that guests and any visitors use the premises in a way that does not cause undue disturbance, nuisance or inconvenience to neighbours or other persons in the locality. 7.5. Varying Maximum Occupancy Where a licence holder wishes to increase or decrease the maximum occupancy, they must apply to the Council for a variation of the licence. Any such application must be supported by sufficient evidence to allow the Council to assess the impact of the proposed change. The factors set out in 7.2 will be considered as part of the determination of the application. 8. Temporary Exemptions & Temporary Licences 8.1. This Part explains the statutory powers available to the Council in relation to temporary exemptions from the requirement to hold a STL licence and where applicable, the grant of temporary STL licences for short, time-limited periods. 8.2. Temporary Exemptions Under article 4 of the STL Order, the Council may grant a temporary exemption from the requirement to have a STL licence for a period not exceeding 6 weeks in any period of 12 months. The Council will not grant temporary exemptions from the requirement to hold a STL licence and this Policy does not provide for the use of the temporary exemption power and no expectation should be formed that any STL activity will be permitted on that basis. 8.3. Temporary Licences Under the 1982 Act, the Council has the power to grant temporary licences for certain activities for limited periods. The Council’s Policy is to make use of this power for STLs in strictly controlled circumstances, where a short, time-limited period of operation is proposed. 41
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8.4. Temporary STL licences are discretionary. There is no entitlement to a temporary licence and the Council may refuse an application where it considers the risks to public safety or residential amenity are unacceptable or where a full STL licence is more appropriate. 8.5. Duration and Conditions of Temporary STL Licences A temporary STL licence will be granted for a specified period only and will not have effect for longer than 6 weeks (within any 12-month period) in line with the maximum duration permitted under the 1982 Act. A temporary STL licence is not capable of renewal. Where an application has also been made for a full STL licence for the same premises, any temporary STL licence (if granted) will continue to have effect until the full application has been determined, unless it is earlier suspended or revoked or the 6-week period has expired. Temporary STL licences will be subject to mandatory conditions set out in Schedule 3 of the STL Order and any such standard or additional conditions as the Council considers necessary and proportionate in the circumstances of the case. 8.6. Criteria for Granting a Temporary STL Licence The Council will take a restrictive approach to temporary STL licences. Without prejudice to its discretion in individual cases, a temporary STL licence will only be considered where all of the following apply: a) the STL is required for a specific, time-limited purpose with clearly defined dates (for example, a particular event, festival period or short season); b) The applicant does not intend to operate the STL on a continuous basis beyond that specified period, unless and until a full STL licence has been granted; c) The premises can be operated safely for the proposed period, with appropriate fire safety and other safety measures in place and evidenced to the Council’s satisfaction (as per Part 16); d) Suitable management arrangements are in place for the proposed period, including clear arrangements for dealing with noise, anti-social behaviour, use of common areas and waste; and e) The Council is satisfied that the temporary STL licence will not have an unacceptable impact on neighbours or residential amenity, having regard to the nature of the building, any shared or common areas and any history of complaints or anti-social behaviour relating to the premises by the current applicant. A temporary STL licence will not be granted where the Council considers that the application is being used to circumvent the requirement to obtain a full STL licence, to avoid or mitigate the effect of enforcement action, or to continue operating where a full STL licence has been refused, suspended or revoked. Any issues arising during the operation of a temporary STL licence may be taken into account in determining any subsequent application for a full STL licence or renewal. 42
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8.7. Effect on Future Full STL Licence Applications The grant of a temporary STL licence does not create any expectation that a full STL licence will be granted for the same premises. Any subsequent application for a full STL licence will be determined on its own merits in accordance with this Policy and the statutory framework. In determining a full STL application or renewal, the Council may have regard to the way in which any temporary STL licence was operated including compliance with the mandatory, standard and additional conditions, any subsequent complaints and any concerns raised by consultees or enforcement bodies during the period of the temporary licence. Where relevant and significant issues arose during the operation of a temporary STL licence, this may weigh against the grant of a full STL licence or may justify additional or more restrictive conditions being opposed on the licence. 9. Provisional Licences & Confirmation 9.1. This Part sets out the Council’s approach to provisional STL licences and confirmation of provisional STL licences, introduced by the 2024 Order. This route is intended to allow early engagement with the STL licensing scheme where premises are not yet ready to operate as a STL. 9.2. What is a Provisional Licence? A provisional STL licence is intended for a new host building accommodation that is proposed to be used as a STL, where the premises are not yet ready to operate because construction (or equivalent works) is not complete. A provisional licence allows the Council determine the application before construction is complete but it is of no effect unless and until it is confirmed in accordance with the statutory process. A provisional licence may be appropriate where the premises are not yet capable of compliant STL operation at the time of the application, for example where premises are under construction, conversion, refurbishment or significant alteration. Unless the statutory framework provides otherwise, provisional licence applications and confirmation applications are assessed using the same overarching approach as other STL applications, including consultation, decision-making processes and consideration of suitability and compliance. 43
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9.3. Provisional Planning Certificate In terms of paragraph 7A(5) of the STL Order, a provisional STL licence application must be accompanied by a provisional planning certificate in respect of the premises. For the purposes of the scheme, “provisional planning certificate” has the meaning set out in paragraph 7A(9), namely a certificate signed on behalf of the appropriate authority stating either: (a) that planning permission, planning permission in principle or outline planning permission under the Town and Country Planning (Scotland) Act 1997 has been obtained in respect of the construction of the premises; or (b) that no such planning permission is required. In this context, the “appropriate authority” for a provisional planning certificate is the planning authority for the area in which the premises are situated, as provided for in paragraph 7B(7)(a). 9.4. Planning Status and Certificates Where a planning certificate is required (including a provisional planning certificate), it is the applicant's responsibility to provide the required certificate and any supporting evidence. The Council’s consideration of planning status for STL licensing purposes is limited to confirming that the required certificate and/or evidence has been provided and is consistent with publicly available planning records. The grant or confirmation of a STL is without prejudice to planning control and does not constitute planning permission or confirmation that the premises may lawfully be used as a STL under planning legislation. 9.5. Mandatory and Other Conditions at Provisional Stage A provisional licence is subject to the mandatory licence conditions as well as the standard conditions and any other additional conditions which the Council considers is necessary and proportionate in the circumstances of the case. 9.6. Effect of a Provisional Licence A provisional licence does not authorise the premises to be operated as a STL unless and until the licence is confirmed. The premises must not be used for STL operation until confirmation has been granted in accordance with the statutory framework. 9.7. Requirement to Apply for Confirmation Where a provisional licence has been granted, the licence holder must apply to the Council for confirmation before the premises may be operated as a STL. 9.8. Council Satisfaction The Council must confirm the provisional licence where it is satisfied that, following completion of the construction (or equivalent works), the licence holder would be able to comply with the applicable licence conditions. 44
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9.9. Confirmation Application An application for confirmation must be accompanied by: a) The provisional STL licence; b) A planning certificate, where required; and c) A building standards certificate, together with any other information the Council may reasonably require to determine the application. 9.10. Conditions Applied at Confirmation Stage The Council may set additional conditions at the confirmation stage where it is considered necessary and proportionate, in accordance with the statutory framework. 9.11. Term of Confirmed Licence Where confirmation is granted, the Council will advise the licence holder of the period for which the confirmed STL licence has effect, in accordance with the statutory framework and the Council’s Policy on licence duration. 9.12. Time Limit for Confirmation A provisional licence is treated as revoked if it is not confirmed within 3 years of the date of issue. The Council may extend this period only where it is satisfied that completion of the construction has been delayed by factors out with the licence holder’s control (for example, circumstances beyond the licence holder’s reasonable ability to prevent or remedy). Any request for extension should be made as soon as reasonably practicable and should include supporting information. 10. Transfer of a STL Licence 10.1. What is a STL Transfer? A transfer of a STL licence allows an existing licence to be moved from the current licence holder to another person or business (the “transferee”), through the statutory transfer process introduced by the 2024 Order. A transfer may be appropriate where, for example, the STL premises is sold and the parties wish continuity of STL operation to maintain bookings or the licence holder changes for another reason, such as a business sale or restructuring. A transfer changes the name of the licence holder and therefore who is responsible for compliance. It does not remove the requirement to comply with the statutory framework, mandatory conditions, the Council’s standard conditions and any additional conditions attached to the licence. 10.2. No Automatic Right of Transfer A transfer is not automatic and the Council will determine any transfer applications in accordance with the statutory framework, including consultation with Police Scotland and consideration of any competent objections or representations made by the Chief Constable. 45
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10.3. When is a Transfer Not Required? A transfer is not usually required where there is no change to the legal identity of the licence holder (such as a company remaining the same legal person). Licence holders should nonetheless ensure that the Council is notified of any relevant updates in relation to contact or management details. 10.4. Who Should Apply for the Transfer? The current STL licence holder must make the transfer application to the Council (or alternatively, a person properly authorised to act on their behalf). In the process of the transfer application, the proposed new licence holder is the transferee. If the transfer is granted, the transferee becomes responsible for compliance with the licence and its conditions. 10.5. Required Accompanying Information A transfer application must include the following, as applicable: a) The STL licence; b) Where the applicant is not the owner of the premises, the owner’s name and address and written consent from the owner or their authorised representative; c) Where the applicant shares ownership, the name and address of the other owner(s) and written consent from them or their authorised representative; d) Where the STL licence is held in joint names, the name and address of the other licence holder(s) and written consent from them or their authorised representative; and e) Any other information the Council may reasonably require to process and determine the application. The Council will take a proportionate approach to what it reasonably requires for a transfer. The transfer is intended to be a timely statutory process and as such, the Council will not routinely require the resubmission of full documentation which would normally be required for a new grant. However, targeted information may be requested where relevant to the transfer. 10.6. Consultation and Determination On receipt of a valid transfer application, the Council must notify the Chief Constable of Police Scotland and provide a copy of the application and any relevant supporting information. The Chief Constable may make objections or representations within 28 days of receiving notice of the application. If the Chief Constable makes no objection or representation within the statutory period, the Council must grant the transfer application. If objections or representations are made by the Chief Constable, the Council will refer the case to Licensing Committee for determination. Transfer applications are determined under the statutory transfer procedure and no not involve the public notification/objection process (such as a site notice). 46
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10.7. Continuity and Duration of the Licence Where a transfer is granted, the transferee becomes the licence holder and the existing licence remains in force, subject to its conditions. The transferee is then responsible for compliance with the mandatory conditions, standard conditions and any additional conditions attached to the licence. The duration or remaining term of the licence is not altered by a transfer. The transferee will be required to apply for a renewal of the licence at the point the existing licence would otherwise have expired. 10.8. Responsibility Pending Transfer Until a transfer is granted and is in force, the STL licence remains in the name of the existing licence holder, who remains responsible for compliance with all applicable conditions and legal requirements. The Council expects the outgoing licence holder and transferee to ensure there is no gap in responsibility for guest safety information, contact arrangements, complaints handling, record keeping and compliance with any other licence conditions during the handover. 11. Amendments and Variations 11.1 This Part sets out the Council’s approach to changes to an existing STL licence after it has been granted, including the distinction between amendments and variations, the information to be provided, and the route for determination. 11.2 Statutory Context and Council Terminology Under the 1982 Act, changes to a licensed STL may engage Schedule 1, including paragraph 9 (notification of changes / material changes) and paragraph 10 (variation of licences). For the purposes of this Policy, the Council uses the term “amendment” to describe certain changes to an existing STL licence or licence record which the Council is satisfied can be dealt with through the Council’s amendment process. The term “variation” is used where formal determination is required, including changes to licence conditions and other material changes which the Council considers cannot appropriately be dealt with as an amendment. 11.3 Amendments An amendment is a request to change an existing STL licence where the change relates to the licensed operation, premises details, management arrangements, or other information held by the Council, and where the Council is satisfied that the matter can be dealt with as an amendment. A request may still be treated as an amendment even where the change is significant in practice, provided the Council is satisfied that formal variation is not required in the circumstances. 47
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11.4 Examples of Amendments Without limitation, the Council will normally treat the following as amendment requests (subject to the circumstances of the case): a) a change to the maximum occupancy of the STL; b) a change to the internal layout, sleeping accommodation or use of rooms within the premises; c) a change to the STL type (for example, home sharing, home letting, or secondary letting); d) changes to management arrangements, agent details, or local/emergency contact details; e) updated plans, drawings or supporting information relating to the operation of the STL; f) correction of administrative errors or updates to the licence record; and g) any other change which the Council considers can properly be dealt with as an amendment. 11.5 Variations A variation is a request which requires formal determination by the Council because: a) it seeks to add, remove or amend one or more licence conditions; or b) it relates to another material change which the Council considers cannot appropriately be dealt with as an amendment. This includes cases where a request is presented as an amendment, but the Council considers that the nature, scale or effect of the proposed change requires formal consideration as a variation. 11.6 Examples of Variations Without limitation, the Council will normally treat the following as variation requests: a) a request to add a new licence condition; b) a request to remove an existing licence condition; c) a request to amend the wording or effect of an existing licence condition; d) a change proposed by the Council to licence conditions in response to compliance, nuisance, safety or management concerns; e) a request which, in the Council’s view, gives rise to a material change that cannot appropriately be dealt with as an amendment; and f) any other case where the Council considers that formal variation is required in the circumstances. 48
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11.7 Council Power to Determine the Appropriate Route The Council will determine whether a request is to be processed as an amendment or a variation. In doing so, the Council will have regard to the nature and effect of the proposed change, including whether it can properly be dealt with as an amendment or whether formal variation is required. Where an applicant submits a request as an amendment but the Council considers that variation is required, the Council may require the request to proceed as a variation (or otherwise advise the applicant of the correct route). Similarly, where a request is submitted as a variation but the Council considers it can properly be dealt with as an amendment, the Council may process it as an amendment. 11.8 Information and Supporting Documents Applicants must provide sufficient information to allow the Council to assess the proposed change and determine the appropriate route. Depending on the nature of the request, this may include: a) a clear description of the proposed change and the reason for it; b) updated plans, layouts or drawings; c) revised management or operating information; d) updated safety or compliance documentation; e) supporting information relevant to occupancy or use of the premises; and f) any other information reasonably requested by the Council. The Council may decline to process a request until sufficient information has been provided. 49
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12. Fees and Charges 12.1 This Part explains the Council’s approach to fees for STL licence applications and related application types within the STL licensing scheme. It should be read alongside Annex B (Fees Table), which sets out the current fees. Fees are charged in accordance with paragraph 15 of Schedule 1 to the 1982 Act (as applied and amended for the STL licensing scheme). The Council will set and apply fees in accordance with the requirements of that paragraph. In setting fees under paragraph 15, the Council may take account of the costs associated with administering and operating the STL licensing scheme. This may include (where relevant) processing applications, statutory consultations, any required public notification/representation procedures, hearings and committee administration, and compliance activity associated with the licensing regime. 12.2 Types of Fee Fees may differ depending on the application type and the work involved, for example: a) grant of a new STL licence; b) renewal of a STL licence; c) changes to an existing STL licence (including amendments and variations); d) transfer of a STL licence; e) provisional STL licence applications; f) confirmation of a provisional STL licence; and g) any other application routes or chargeable matters provided for within the statutory scheme. 12.3 When Fees are Payable? Fees are payable at the point of application unless the Council specifies otherwise. An application will not normally be treated as valid, or progressed to determination, until the applicable fee has been paid and the application contains the information required by the statutory scheme. 12.4 Current Fees The Council’s current STL licensing fees are published on the Council’s website and are referenced in Annex B (Fees Table). The Council may update the published fees from time to time in accordance with the statutory framework. 50
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12.5 Refunds, Withdrawals and Invalid Applications Where an application is withdrawn, is found to be invalid, or is refused, the Council will apply its approach to refunds (if any) in accordance with paragraph 15 of Schedule 1 and the Council’s published fee arrangements. Where the statutory scheme provides for circumstances in which an application is not to attract a further fee (for example, where an application is refused to be considered on specified statutory grounds and is resubmitted), the Council will apply the relevant provisions of paragraph 15. 12.6 Valid Applications For the avoidance of doubt, payment of the fee does not of itself make an application valid. Applicants must also provide the information and supporting documents required by the STL Order and by Annex D (Application Requirements and Checklist). 12.7 Non-payment and Outstanding Fees Where a fee remains unpaid, the Council may treat the application as not duly made and may take no further action until payment is received. Where additional sums become due under the statutory scheme, the Council will notify the applicant accordingly. 12.8 Annual Review The Council will review STL licence fees annually and will publish the current fees (and any updates) on the Council’s website, including within Annex B (Fees Table) as updated from time to time. 13. Control Areas and Overprovision 13.1 The Council does not currently have a designated STL control area and has not adopted an overprovision assessment approach for STL licensing. This Part explains (i) how control areas and overprovision operate within the statutory regime, and (ii) the Council’s approach should either be introduced or applied in North Ayrshire in future. Unless and until a control area is designated and/or the Council adopts an overprovision approach in accordance with the relevant statutory provisions, STL licence applications will be determined on their own merits in line with this Policy and the statutory grounds of refusal. 13.2 Control Areas A STL control area is a designation made by the Council under section 26B(1) of the Town and Country Planning (Scotland) Act 1997, which allows the Council to designate all or part of its area as a control area. The effect of designation is set out in section 26B(2): within a control area, use of a dwellinghouse for the purpose of providing STL is treated as involving a material change of use for planning purposes. This means it is treated as “development” under planning legislation and will therefore normally require planning permission. 13.3 Effect of a Control Area Where a control area is designated, planning permission is generally required for secondary letting within that area. This is a matter for the planning system and any relevant planning guidance issued by the Scottish Government. 51
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13.4 Licensing and Planning STL licensing under the 1982 Act operates separately from planning control. The grant, renewal, confirmation, variation or transfer of a STL licence does not constitute planning permission or confirmation of planning compliance. Licence holders remain responsible for ensuring they have any permissions required under planning legislation. The STL Order includes specific mechanisms linking licensing decisions to planning status (for example, the provisional licence process requires a provisional planning certificate and later confirmation). Where the legislation requires the Council to take account of planning permission (or absence of it), the Council will apply the relevant provisions of the STL licensing scheme. 13.5 Overprovision The STL licensing scheme includes an overprovision ground which applies only to secondary letting. This is achieved by modifications to paragraph 5 of Schedule 1 to the 1982 Act. In particular, the scheme provides that the Council may refuse an application for a licence for secondary letting if it considers that there is (or would be, if the licence were granted) overprovision in the locality in which the premises is situated (and it is for the Council to determine the localities for that purpose). Scottish Government guidance makes clear that overprovision is only relevant to secondary letting, and licensing authorities cannot consider overprovision when determining applications for home sharing or home letting. 13.6 Assessing Overprovision Unless and until the Council adopts a specific approach on overprovision for secondary letting, applications will continue to be determined on their own merits in accordance with the statutory scheme. There is no current presumption that any locality within North Ayrshire is overprovided. If the Council were to consider adopting an overprovision approach, it would be evidence-led and may consider (where appropriate): a) the number and distribution of STL licences (and applications) for secondary letting within an identified locality; b) the characteristics of the locality (for example, residential density, access/parking constraints, and local amenity considerations); c) evidence of cumulative impacts linked to secondary letting activity (for example, substantiated nuisance or safety concerns); and d) any relevant local strategic context, where supported by evidence. 52
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13.7 Review and Future Adoption The Council may keep the position on control areas and overprovision under review. Any future proposal to introduce or apply an overprovision approach for secondary letting would be subject to appropriate internal governance and would be implemented transparently and in a manner consistent with the STL licensing scheme. 14. Equality and Accessibility 14.1 This Part sets out the Council’s approach to ensuring that the administration and determination of STL licence applications is fair, accessible and consistent with the Council’s equalities duties and human rights obligations. It applies to the processing of applications and to decision-making by officers under delegated powers and by the Licensing Committee. 14.2 Equality Duties In exercising its functions under the STL licensing scheme, the Council will have due regard to the public sector equality duty in section 149 of the Equality Act 2010. This includes the need to: a) eliminate unlawful discrimination, harassment and victimisation; b) advance equality of opportunity between persons who share a relevant protected characteristic and those who do not; and c) foster good relations between persons who share a relevant protected characteristic and those who do not. 14.3 Inclusive and Accessible Service The Council will seek to ensure that information about the STL licensing scheme is provided in a clear and accessible manner. Where appropriate, the Council will offer alternative communication formats and practical support to assist applicants and participants to engage with licensing processes. 14.4 Reasonable Adjustments The Council will make reasonable adjustments for disabled people where required, to remove barriers to accessing licensing services and to participating in licensing proceedings. Adjustments may include (where appropriate and practicable within the statutory scheme): a) providing information in alternative formats; b) allowing additional time to respond or provide information where this can be accommodated; c) arranging suitable access for attendance at hearings; d) facilitating remote attendance or other means of participation where permitted; and e) accommodating communication needs (for example, via an interpreter or other support). 53
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14.5 Fair Process The Council will apply fair procedures when processing STL applications and when determining applications by committee. Where an applicant (or other party entitled to be heard) has a right to be heard, the Council will ensure that an appropriate opportunity is provided, and that decisions are taken on the basis of relevant evidence and the statutory scheme. 14.6 Human Rights Compatibility In carrying out its STL licensing functions, the Council will act compatibly with Convention rights under the European Convention on Human Rights, as given effect by the Human Rights Act 1998. Where relevant, the Council will have regard to proportionality when taking decisions that may affect Convention rights, including decisions relating to the grant, renewal, variation, transfer, suspension or revocation of a STL licence. 15. Data Protection and Information Sharing 15.1 This Part explains how the Council will process information in connection with the STL licensing regime under the 1982 Act, the STL Order and the 2024 Order. It covers data protection, publication of licensing information and information sharing with relevant partners. It should be read alongside the Council’s published privacy notice. 15.2 Data Protection The Council will process personal data in connection with STL licensing in accordance with applicable data protection legislation, including the UK GDPR and the Data Protection Act 2018. The Council will seek to ensure that information is processed lawfully, fairly and transparently; used only for legitimate purposes; kept accurate and up to date; and retained only for as long as necessary. 15.3 Information Collection and Use Information processed by the Council in connection with STL licensing may include (where relevant): application details; identity and contact information; premises and operating information; safety documentation; consultation responses; objections/representations; hearing papers; decisions and reasons; compliance and enforcement information; and related correspondence. Information may be used for the purposes of administering and determining applications, maintaining licensing records, and supporting compliance and enforcement activity under the 1982 Act, the STL Order and the 2024 Order. 15.4 Publication of Information The Council will publish and make available licensing information to the extent required by the 1982 Act and the STL Order, and in accordance with the Council’s published arrangements. This may include maintaining a public register and publishing licensing decisions and related information where required or appropriate for transparency and accountability. The Council will seek to publish only the information that is required or appropriate, having regard to data protection requirements. 54
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15.5 Information Sharing and Partnership Working The Council may share information with relevant bodies where lawful and necessary for the purposes of administering and enforcing STL licensing. This may include sharing information with Police Scotland, the Scottish Fire and Rescue Service, and relevant internal Council services (for example, Environmental Health, Housing, Building Standards and Planning). The Council may also share information where required to do so by law, including in response to lawful information requests. 15.6 Freedom of Information and Redaction The Council will consider whether information requires to be withheld or redacted in accordance with applicable legislation, including the Freedom of Information (Scotland) Act 2002 and data protection legislation, and the circumstances of the case. 15.7 Applicant Responsibilities Applicants and licence holders are responsible for ensuring that information provided to the Council is accurate and complete. Where supporting documents include personal data relating to third parties, applicants must ensure that such information is provided lawfully and only to the extent necessary. 15.8 Privacy Notice Further information about how the Council processes personal data, including lawful bases, retention periods and individuals’ rights, is set out in the Council’s published privacy notice, which may be updated from time to time. 16. Management and Operating Standards 16.1 This Part sets out the Council’s expectations of licence holders in relation to the safe, responsible and well-managed operation of a STL. It should be read alongside the mandatory and standard licence conditions under the 1982 Act and the STL Order, and Annex C (Standard Licence Conditions). 16.2 General Duty Licence holders are expected to take all reasonable steps to ensure that the STL is operated safely and responsibly, that guests are appropriately managed, and that the operation of the STL does not give rise to avoidable nuisance, disorder or detriment to neighbours and the local community. 16.3 Management Licence holders remain responsible for compliance with the 1982 Act, the STL Order and all licence conditions, whether the STL is managed directly by the licence holder or through an agent, operator or property manager. Licence holders should ensure that any person managing or controlling the STL has the authority and capability to secure compliance and to respond promptly to issues. 55
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16.4 Local Contact Arrangements Licence holders must ensure that appropriate contact arrangements are in place to deal with issues arising from the operation of the STL, including out with normal business hours where required. Contact arrangements should be effective in practice and enable issues to be addressed promptly, including noise, refuse, antisocial behaviour and safety concerns. 16.5 Guest Information and House Rules Licence holders are expected to provide guests with clear information on how the STL is to be used responsibly. This should include house rules and practical information (as appropriate) on: a) noise and respectful behaviour; b) refuse and recycling arrangements; c) parking and access arrangements; d) smoking (where relevant); e) use of external areas, balconies and shared spaces (where relevant); and f) how to report problems or emergencies. 16.6 Preventing Nuisance Licence holders are expected to take reasonable steps to prevent nuisance and protect local amenity. This includes (where relevant): a) managing guest arrivals and departures, including late-night activity; b) taking steps to reduce disturbance associated with repeated turnover of guests; c) ensuring the STL is not used for parties or events where this would be inconsistent with licence conditions or would create nuisance; and d) taking timely action where problems arise, including warnings to guests and, where necessary, ending a stay. 16.7 Managing Safety and Maintenance Licence holders must ensure that the premises are maintained to an appropriate standard, that safety measures required by mandatory and standard conditions are in place, and that safety documentation required under the 1982 Act, the STL Order and licence conditions is kept up to date. Licence holders should also ensure that any issues affecting safety are addressed promptly. 16.8 Maximum Occupancy, Authorised Use and Supervision Licence holders must operate within the authorised STL type and the maximum occupancy set by the licence and must comply with any conditions relating to the use of the premises and guest management (see Part 7 and Annex C). Licence holders should take reasonable steps to supervise and manage compliance with occupancy limits and any restrictions on the use of rooms or sleeping accommodation. 56
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16.9 Record Keeping Licence holders are expected to keep appropriate records to demonstrate compliance with licence conditions and to cooperate with reasonable requests by the Council in connection with the administration and enforcement of STL licensing, including requests for information and access where lawful. Records may include (where relevant) safety certificates, inspection records, maintenance records and evidence of local contact arrangements. 16.10 Premises Information and Advertising Requirements Licence holders must comply with mandatory and standard licence conditions on information and documentation to be made available at the premises and provided to guests as well as advertising and listing requirements. Practical guidance and a checklist are set out in Annex E. 16.11 Material Changes Duty The licence holder must notify the Council as soon as reasonably practicable of any material change of circumstances relevant to the STL licence or the operation/management of the premises (including any change in agent/operator/property manager). The Council may request updated information or evidence following notification and may consider whether any regulatory action is required. 17. Compliance Monitoring and Inspections 17.1 This Part explains the Council’s approach to monitoring compliance with the 1982 Act, the STL Order and STL licence conditions. It covers inspections, information requests and partnership working in support of compliance and public safety. 17.2 Risk-based Approach The Council will take a proportionate, risk-based approach to compliance activity. Compliance activity may be proactive (for example, where the Council considers a premises or operation presents a higher risk) and/or reactive (for example, in response to intelligence, service requests or complaints). 17.3 Inspections, Requests and Cooperation For the purposes of administering and enforcing STL licensing, the Council may: a) carry out inspections of STL premises where appropriate; and/or b) request information from applicants and licence holders where reasonably required to determine an application, confirm compliance, or assess an alleged breach. Where possible, the Council will give reasonable notice of inspections and reasonable timescales for responding to information requests, having regard to the circumstances of the case. Licence holders are expected to cooperate with lawful requests for access to premises and for information. Failure to cooperate, refusal of access (where lawful access is sought), or failure to provide information may be treated as a compliance matter and may be taken into account in any enforcement or review action. 57
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17.4 Partnership Working The Council may work with partner agencies and internal services where relevant to compliance and public safety. This may include Police Scotland, the Scottish Fire and Rescue Service, Environmental Health, Building Standards, Housing and Planning. Where appropriate, the Council may share information and make referrals in accordance with Part 15. 17.5 Outcomes of Compliance Activity Where compliance concerns are identified, the Council may take proportionate action. This may include providing advice, requiring remedial action, varying licence conditions where appropriate, and/or taking enforcement action in accordance with Part 19. 18. Complaints and Service Requests 18.1 This Part explains how the Council will respond to complaints and service requests relating to STLs, including how matters will be assessed and what action the Council may take. It should be read alongside Parts 16 and 17 (operating standards and compliance monitoring) and Part 19 (enforcement). 18.2 The Council’s Remit The Council will consider complaints that relate to compliance with the 1982 Act, the STL Order and STL licence conditions, including matters affecting safety, prevention of nuisance and the proper operation of a STL. Some matters may fall primarily out with the Council’s licensing functions (for example, private civil disputes between neighbours, title conditions, boundary disputes, or contractual disputes between hosts and guests). Where appropriate, the Council may signpost complainants to the relevant service, agency or remedy. 18.3 Complaint Handling Complaints and service requests may be received from members of the public, partner agencies or Council services. The Council will assess each matter on its merits and will normally triage matters based on risk. Matters indicating a potential risk to public safety or serious ongoing nuisance may be prioritised for early action. 58
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18.4 Information and Evidence To allow the Council to assess a complaint effectively, complainants may be asked to provide supporting information, such as: a) the address of the STL (or sufficient information to identify the premises); b) dates and times of the alleged issues; c) a description of what occurred and who was affected; d) photographs, videos or other supporting material where available; and/or e) a log of repeat issues over a period of time. The Council may be unable to take formal action where there is insufficient information or evidence to establish a breach. 18.5 Anonymous Complaints The Council may consider anonymous complaints; however, the absence of contact details may limit the Council’s ability to clarify information, request further details or provide feedback. Anonymous complaints may also limit the Council’s ability to rely on the information as evidence in formal proceedings. 18.6 Assessment and Initial Action Depending on the circumstances, the Council may take one or more of the following steps: a) contact the licence holder and/or agent to seek information or to remind them of relevant duties and conditions; b) request documentary evidence of compliance (for example, safety documentation required by licence conditions); c) carry out an inspection or other compliance checks (see Part 17); d) liaise with relevant internal services (for example, Environmental Health, Housing, Building Standards or Planning) where appropriate; and/or e) refer matters to partner agencies where relevant (for example, Police Scotland or the Scottish Fire and Rescue Service). 18.7 Outcomes and Escalation Where a breach is identified, or where the Council has reasonable grounds to believe that a breach has occurred, the Council may take proportionate action. This may include advice and requiring remedial steps, additional compliance checks, and/or enforcement action in accordance with Part 19. The Council may also consider whether a matter indicates a wider pattern of non-compliance which requires escalation. 18.8 Urgent Matters Where a complaint suggests an immediate risk to safety, serious disorder or significant ongoing nuisance, the Council will seek to respond appropriately and may prioritise action, including urgent referral to relevant services or partner agencies where necessary. 59
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18.9 Feedback to Complainants The Council will provide feedback where appropriate and practicable. In some cases, the Council may be limited in what it can disclose due to data protection, confidentiality and fairness considerations, particularly where enforcement action is being considered or undertaken. 18.10 Malicious, Vexatious or Persistently Unfounded Complaints The Council will take complaints seriously but may take account of whether a complaint appears to be malicious, vexatious or persistently unfounded. This will not prevent the Council taking action where evidence indicates a breach of the 1982 Act, the STL Order or licence conditions. 18.11 Complaints about the Council’s Service Complaints about how the Council has handled a STL application, enquiry, inspection or other licensing matter (as opposed to complaints about a STL premises or licence holder) will be dealt with under the Council’s corporate complaints handling procedure, as published on the Council’s website. 19. Enforcement and Regulatory Action 19.1 This Part explains the Council’s approach to enforcement and regulatory action where there is (or is suspected to be) non-compliance with the 1982 Act, the STL Order and STL licence conditions. 19.2 Enforcement Principles The Council will take a proportionate, risk-based and evidence-led approach to securing compliance. The Council will normally seek to secure compliance through advice and remedial action where appropriate. However, the Council will escalate its response where the circumstances justify it, including where there is: a) a risk to public safety; b) serious or persistent nuisance; c) repeated non-compliance or a failure to remedy issues; d) deliberate avoidance of the licensing regime; or e) obstruction or failure to cooperate with lawful compliance activity. 19.3 Unlicensed Activity It is a criminal offence to carry out an activity for which a STL licence is required without having such a licence, under section 7(1) of the 1982 Act. The STL Order includes transitional provisions affecting when a person does (and does not) commit an offence in certain circumstances (for example, where a compliant application was made by the relevant date and remains undetermined), and the Council will apply those provisions where relevant. 60
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19.4 Early and Informal Interventions Where appropriate, the Council may take informal steps to secure compliance. This may include: a) providing advice and identifying the steps required to remedy issues; b) requesting information or evidence of compliance (for example, safety documentation required by licence conditions); c) carrying out inspections and follow-up checks (see Part 17); and/or d) agreeing a reasonable timescale for remedial action, having regard to the nature and seriousness of the concern. 19.5 Escalation and Enforcement “Ladder” Where concerns persist, are serious, or indicate a risk to safety or significant nuisance, the Council may escalate its response. Depending on the circumstances, escalation may include: a) written warnings and requirements to remedy specific breaches; b) further inspections and monitoring; c) consideration of additional regulatory action under Schedule 1 of the 1982 Act; and/or d) referral to the Procurator Fiscal / prosecution reporting where offences are suspected (including unlicensed operation under section 7 of the 1982 Act). 19.6 Suspension and Revocation of a STL Licence Where the Council is satisfied that it is appropriate to do so, it may suspend or revoke a STL licence under paragraph 11 of Schedule 1 to the 1982 Act. In considering suspension or revocation, the Council may take account of (where relevant): a) the nature and seriousness of the non-compliance; b) any risk to public safety; c) the extent, frequency and duration of the non-compliance; d) the effectiveness and timeliness of remedial action taken; e) the licence holder’s cooperation with compliance activity; and f) any relevant history of prior concerns, warnings or enforcement action. 19.7 Immediate Suspension The Council has a specific power to order immediate suspension where it is of the opinion that the carrying on of the activity to which the licence relates is causing, or is likely to cause, a serious threat to public order or public safety, under paragraph 12(1) of Schedule 1 to the 1982 Act. 19.8 Process and fairness Where the Council is considering formal action (including suspension, immediate suspension or revocation), it will follow fair procedures and provide the licence holder with an opportunity to make representations as required by the 1982 Act and applicable procedure. If a person is unhappy, they may appeal certain decisions of the Council or the Licensing Committee under the licensing regime in accordance with paragraph 18 of Schedule 1 to the 1982 Act. 61
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20. Policy Governance and Review 20.1 This Part sets out how this Policy will be kept under review, how updates will be approved, and how the Council will maintain supporting annexes and guidance documents. 20.2 Ownership and Responsibility This Policy is owned by the Council’s Licensing Service. The Licensing Service is responsible for maintaining the Policy, supporting annexes, and any associated guidance notes used to explain STL licensing processes. 20.3 Review and Ongoing Considerations The Council will carry out a routine review of this Policy every five years. In addition to the five- year cycle, the Council will keep this Policy under ongoing consideration. This may include periodic checks and internal discussion of whether the Policy remains appropriate and effective, without necessarily initiating a formal re-draft or consultation exercise. 20.4 Early Review The Council may bring forward a formal review, or make targeted amendments, where appropriate. This may be required where there are material changes to the 1982 Act, the STL Order, relevant case law, statutory guidance, or local operational experience indicating that the Policy should be updated. 20.5 Approval and Governance Substantive changes to this Policy will be approved by the Licensing Committee. Minor updates may be made where appropriate (for example, updating references, correcting typographical errors, or making non-material formatting changes), provided that such updates do not change the Council’s substantive policy position. 20.6 Annexes Annexes form part of this Policy unless stated otherwise. Annexes may require to be updated from time to time (for example, to reflect changes to fees or standard conditions). Where an annex is updated, the Council will publish the current version and the date from which it applies. Where there is any conflict between an annex and the 1982 Act, the STL Order or the 2024 Order, the legislative requirements take precedence. 20.7 Publication and Version Control The Council will publish the current version of this Policy on the Council’s website and/or other published location. The Policy will be subject to version control, including approval date and effective date, as set out in the Policy History page. Printed or saved copies may not be current. 20.8 Implementation Where amendments to this Policy are approved, the Council will specify the date from which the updated Policy applies and, where appropriate, any transitional arrangements for applications submitted or determined around the implementation date. 62
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Annex A – Definitions and Interpretation A1. Purpose and Approach A1.1 This Annex sets out defined terms used in this Policy. A1.2 Where a term is defined in the 1982 Act and/or the STL Order, the statutory definition applies. A1.3 The Council has drafted this Policy to be future-proofed. Where legislation is amended, extended or replaced, references in this Policy (and this Annex) should be read as references to the legislation as amended from time to time, and the statutory definitions will prevail. A1.4 Where there is any inconsistency between this Annex and the 1982 Act, the STL Order or the 2024 Order, the statutory definition prevails. A2. Statutory Instruments and Shorthand In this Policy, unless the context otherwise requires: “1982 Act” means the Civic Government (Scotland) Act 1982 (as amended from time to time). “STL Order” means the Civic Government (Scotland) Act 1982 (Licensing of Short-Term Lets) Order 2022 (as amended). “2024 Order” means the Civic Government (Scotland) Act 1982 (Licensing of Short-Term Lets) Amendment Order 2024 (as amended). A3. The Council and the Relevant Authorities “the Council” means North Ayrshire Council. “licensing authority” means the Council acting in its statutory capacity as licensing authority under the 1982 Act and the STL Order. For the purposes of this Policy, references to the “licensing authority” are references to the Council. “planning authority” means the Council acting in its statutory capacity as planning authority under planning legislation. For the purposes of this Policy, references to the “planning authority” are references to the Council. “Licensing Committee” means the Council committee (or sub-committee) with responsibility for determining licensing matters under the 1982 Act and the STL Order, or any successor committee (including where the committee name changes). “authorised officers” means Council officers authorised to exercise functions under the 1982 Act and/or the STL Order, including under the Council’s scheme of delegation. 63
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A4. Key Statutory Terms The following terms have the meaning given in the STL Order (and, where relevant, the 1982 Act), as amended from time to time. The Council does not restate these statutory definitions in this Annex: “STL / short-term let” “STL activity” “STL licence” “premises” “guest” “excluded accommodation” “excluded tenancies” “secondary letting” “home letting” “home sharing” “home letting and home sharing” “immediate family member” “mandatory licence conditions” “standard licence conditions” “additional conditions” “temporary exemption” “temporary licence” “provisional STL licence” “confirmation” of a provisional STL licence “transfer” “transferee” and any related statutory terminology applying to the transfer process “variation” and any related statutory terminology applying to variation applications “overprovision” and the statutory scope of overprovision considerations 64
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A5. Application and Process Terms “amendment” means, for the purposes of this Policy, a minor or administrative change to an existing STL licence or licence record which the Council is satisfied can be dealt without a formal variation application, normally under delegated powers. “applicant” means a person who applies to the Council for a STL licence or a related application type under the STL Order, including (where relevant) an application for grant, renewal, variation, transfer, provisional licence, confirmation, temporary licence or temporary exemption. “licence holder” means the person in whose name a STL licence is held, including any person treated as the licence holder under the 1982 Act for specific statutory purposes. “agent / operator / property manager” means any person acting on behalf of an applicant or licence holder in connection with the management or operation of a STL (including day-to-day management), whether paid or unpaid. “delegated powers” means the determination of applications by authorised officers under the Council’s Scheme of Delegation, where the 1982 Act, the STL Order or the 2024 Order permits determination other than by the Licensing Committee. “consultation” means consultation required by the STL Order and/or carried out by the Council as part of processing an application (for example, with Police Scotland, the Scottish Fire and Rescue Service and relevant internal services), where applicable to the application type. “objection / representation” means an objection or representation which the Council is entitled (or required) to consider under the 1982 Act, the STL Order or the 2024 Order for the relevant application type. “competent” (in relation to an objection/representation) means validly made and capable of being taken into account under the 1982 Act, the STL Order or the 2024 Order for the relevant application type. A6. Occupancy and Operating Limits “maximum occupancy” means the maximum number of guests permitted to occupy the premises at any one time, as specified on the STL licence in accordance with the STL Order and mandatory licence conditions. A7. Interpretation A7.1 Headings and mini-headings are for ease of reference only and do not affect interpretation. A7.2 Words importing the singular include the plural and vice-versa. A7.3 References to “including” or “for example” are illustrative and do not limit the generality of the wording. A7.4 References to legislation or statutory framework are references to that legislation as amended, extended or re-enacted from time to time, together with any subordinate legislation made under it. 65
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Annex B – Fees Table B1. Purpose B1.1 This Annex explains where the Council’s current STL licensing fees are published. B1.2 Fees are set by the Council in accordance with paragraph 15 of Schedule 1 to the 1982 Act. B1.3 This Annex should be read alongside Part 12 (Fees and Charges). B2. Annual review and publication B2.1 The Council will review STL licence fees annually and will publish the current fees on the Council’s website. Unless otherwise stated by the Council, the fee payable is the fee published on the Council's website at the date a valid application is made. B2.2 Where this Annex is updated, the updated fees will apply from the date specified by the Council. B2.3 Printed or saved copies of this Annex may not be current. The website version is the controlled version. B3. Current Fees The Council’s current STL licensing fees are published on the Council’s website. This includes, where applicable, fees for: a) grant of a new STL licence; b) renewal of a STL licence; c) amendments and variations; d) transfer of a STL licence; e) provisional STL licence applications; f) confirmation of a provisional STL licence; and g) any other chargeable application type or matter provided for in the statutory framework. B4. Notes on Payment B4.1 Fees are payable at the time of application unless the Council specifies otherwise. B4.2 An application will not normally be treated as valid, or progressed to determination, until the applicable fee has been paid and the application contains the required information. B4.3 Where a fee remains unpaid, the Council may treat the application as not duly made and may take no further action until payment is received. 66
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B5. Refunds, Withdrawals and Resubmissions B5.1 Refunds (if any), the treatment of withdrawals and the treatment of invalid applications are applied in accordance with paragraph 15 of Schedule 1 to the 1982 Act and the Council’s published fee arrangements. B5.2 Where the 1982 Act provides for circumstances in which a further fee is not payable (for example, where an application is refused to be considered on specified statutory grounds and is resubmitted), the Council will apply the relevant provisions of paragraph 15. B6. Payment Methods B6.1 The Council will publish the available payment methods and any administrative requirements on the Council’s website and may update these from time to time. 67
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Annex C – Licence Conditions C1. Purpose C1.1 This Annex explains how licence conditions apply to STL licences granted by the Council under the 1982 Act, the STL Order and the 2024 Order. C1.2 This Annex is intended to keep the Policy concise while making clear the status of mandatory conditions, the Council’s standard conditions and any additional conditions which may be applied to particular premises. C2. Mandatory Licence Conditions C2.1 Mandatory licence conditions apply to every STL licence by virtue of the STL Order, as amended from time to time. These conditions have legal effect regardless of whether they are reproduced within this Policy or within the licence document. C2.2 Where there is any inconsistency between this Policy and the mandatory licence conditions, the mandatory licence conditions prevail. C3. Council Standard Licence Conditions C3.1 In addition to mandatory licence conditions, the Council applies a set of Standard STL Licence Conditions to STL licences. C3.2 The Council’s Standard STL Licence Conditions are published by the Council and may be updated from time to time. The current version is published on the Council’s website and is the controlled version. C3.3 The Standard STL Licence Conditions are intended to promote safe and responsible operation of STLs, support compliance, and provide clarity and consistency for applicants, licence holders and communities. C4. How the Conditions Apply C4.1 Conditions apply to an individual STL licence as set out in the licence issued by the Council. This will include: a) the mandatory licence conditions (by virtue of the STL Order); b) the Council’s Standard STL Licence Conditions (as published at the time the licence is issued and/or as otherwise applied in accordance with the statutory regime); and c) any additional conditions attached to that individual licence. 68
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C5. Additional Conditions C5.1 The Council may impose additional conditions on an individual licence where lawful and appropriate, having regard to the particular circumstances of the premises and the STL activity. C5.2 Additional conditions may be used, for example, to address specific local factors, safety considerations, or management arrangements relevant to a particular premises, provided such conditions are compatible with the 1982 Act, the STL Order and the 2024 Order. C5.3 Additional conditions may also be used to address specific issues associated with particular facilities at the premises (for example, hot tubs/spa pools, including where required to prevent nuisance or to support safe operation). C6. Variation and Review of Conditions C6.1 Licence conditions may be varied in accordance with the 1982 Act, the STL Order and the 2024 Order, including where a variation application is made or where conditions are amended as part of another statutory process. C6.2 Licence holders should ensure that they are familiar with the conditions attached to their licence and should seek clarification from the Council where required. C7. Compliance C7.1 Licence holders must comply with the mandatory licence conditions, the Council’s standard conditions and any additional conditions attached to their licence. C7.2 Failure to comply with licence conditions may result in compliance action, including inspection, requests for information and enforcement action in accordance with Parts 17 and 19 of this Policy. 69
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Annex D – Application Requirements and Checklist D1. Purpose D1.1 This Annex sets out the Council’s application requirements and a practical checklist to assist applicants in submitting a complete application under the 1982 Act, the STL Order and the 2024 Order. D1.2 This Annex supports efficient processing, consultation and determination of applications. It is not intended to restate the STL Order and should be read alongside the Council’s application forms and published guidance. D1.3 Applicants must, in all cases, provide the information and documentation required by the STL Order (as amended from time to time) for the relevant application type. D1.4 Where there is any conflict between this Annex and the STL Order, the STL Order prevails. D2. Application Types D2.1 This Annex applies to applications made to the Council for: a) grant of a STL licence; b) renewal of a STL licence; c) changes to an existing STL licence (including amendments and variations); d) transfer of a STL licence; e) a provisional STL licence; f) confirmation of a provisional STL licence; and g) any other application type provided for under the STL Order where applicable (for example, temporary licences or temporary exemptions). D2.2 Applicants must ensure they use the correct Council application form for the specific application type and provide all required supporting information. D3. Valid Applications D3.1 An application will not normally be treated as valid, or progressed to determination, until: a) the correct application form has been completed and submitted in full; b) the form has been signed (including all required declarations); c) the applicable fee has been paid (see Part 12 and Annex B); and d) the required information and supporting documents have been provided. D3.2 Where information or documents are missing, unclear or inconsistent, the Council may request further information and may treat the application as incomplete until the request is satisfied. 70
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D3.3 Where an applicant fails to provide required information within a reasonable period, the Council may take the approach permitted by the 1982 Act, the STL Order or the 2024 Order in relation to incomplete applications (including declining to progress or determine the application where the statutory requirements are not met). D3.4 Where an application is submitted by an agent on behalf of an applicant, the applicant remains responsible for ensuring the application is accurate, complete and supported by the required evidence. D4. Core Checklist Applicants should ensure the following are provided in all cases, as applicable: D4.1 Application Details a) completed application form for the relevant application type; b) full name, address and contact details of the applicant; c) address of the premises and any identifying information required by the form; d) STL activity type applied for (as defined in the STL Order); e) any other information required by the STL Order and the Council’s form. D4.2 Ownership, Permission and Authority to Operate a) information demonstrating the applicant’s right/authority to operate the premises as a STL (as required by the Council’s form); b) where the applicant is not the owner, written evidence of the owner’s authority and consent for the applicant to apply and operate (as required by the form); c) where relevant, written consent or signature evidence from any co-owner(s) or other person(s) whose consent is required in terms of the Council’s form; and d) where applicable, planning-related information or documents required by the Council’s form (including any planning permission/reference or other planning evidence relevant to STL use. D4.3 Declarations and Supporting Statements a) signed declarations confirming that the information provided is accurate and complete; b) confirmation that the applicant will comply with mandatory licence conditions and the Council’s standard conditions; and c) any other declarations required by the Council’s form (including any declarations required by the STL Order). D4.4 Fit and Proper Information a) any information required by the Council to assess whether the applicant is fit and proper for the purposes of the 1982 Act, the STL Order or the 2024 Order; and b) details of any person who will manage or control the STL on behalf of the licence holder (where applicable), including contact details. 71
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D4.5 Management Arrangements a) details of the day-to-day management arrangements for the STL; b) details of the local/emergency contact arrangements required by licence conditions (including out-of-hours contact where applicable); c) details of any agent/operator/property manager and their role; and d) confirmation of the arrangements for responding to noise, nuisance, refuse issues, antisocial behaviour and emergencies. D4.6 Premises Information a) proposed maximum occupancy and the basis for it (where requested); b) outline of sleeping accommodation and rooms to be used for guest accommodation; c) details of any shared access, shared common areas or relevant building management arrangements (where applicable); and d) plans/layout information where required by the Council’s form. D5. Safety and Compliance D5.1 The STL Order and licence conditions require a range of safety and compliance measures. The Council will request the evidence required for the relevant application type and premises. D5.2 Depending on the premises and the application type, supporting documentation may include (where applicable and as required by the STL Order and licence conditions): a) insurance evidence, including buildings insurance for the duration of the licence and public liability insurance for STL activity; b) gas safety evidence (where gas is present); c) electrical safety evidence, including an Electrical Installation Condition Report (EICR) for fixed installations and, where relevant, portable appliance testing (PAT); d) fire safety and related evidence, including any fire risk assessment information, fire detection/alarm information, carbon monoxide detection information, and any fire safety checklist or other fire safety information required by the Council’s form for the relevant application type; e) evidence of interlinked alarms and carbon monoxide detection (where applicable); f) furniture and furnishings fire safety records (where applicable); g) legionella risk assessment/evidence, where required by the STL order, licence conditions or the Council’s form; h) evidence of any other safety or compliance measures required by mandatory or standard licence conditions; and i) any other supporting information reasonably requested by the Council to determine the application. 72
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D5.3 Energy Performance Certificates (EPCs) Where an EPC is required for the premises under applicable legislation and/or where EPC information is required to be displayed in advertising in terms of mandatory licence conditions, the applicant/licence holder must comply with those requirements. The Council may request EPC information (including a copy of a valid EPC) where relevant to determining an application or assessing compliance. D5.4 Advertising and Listing Requirements Mandatory licence conditions include requirements relating to advertising and listings, including the requirement to display the STL licence number and, where applicable, EPC information, and to ensure that advertising is accurate and consistent with the terms of the licence. Applicants/licence holders should ensure that proposed and live listings comply with mandatory and standard conditions. Advertising and listing requirements are addressed in Annex E. The Council may request evidence of listing compliance where relevant. D5.5 Controlled Documents and Acceptable Evidence Applicants should refer to the Council’s published Standard STL Licence Conditions (see Annex C) and any published application guidance for the current evidence requirements and acceptable forms of evidence. Where requirements differ depending on STL type or the characteristics of the premises, applicants must provide the evidence applicable to their circumstances. D6. Public Notification, Consultation and Representations D6.1 Depending on the application type, the STL Order may require public notification and may provide for objections or representations. Applicants should note that, for application types where public notification is required, this will normally include the display of a site notice for 21 days and submission of any related certificate or declaration required by the Council. D6.2 The Council will process notification, consultation and representations in accordance with Part 2 of this Policy and the STL Order. D6.3 Applicants should ensure that they respond promptly to any Council requests made during consultation or representation stages to avoid delay. D7. Additional Requirements by Application Type This section highlights typical additional requirements for particular application types. It does not remove or limit any requirements in the STL Order. D7.1 New Licence Applications a) all premises, management and safety information required by the Council’s form and supporting guidance; and b) supporting evidence demonstrating compliance with mandatory and standard conditions to the extent required at application stage. 73
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D7.2 Renewal Applications a) confirmation of continued compliance with all licence conditions; b) any updated safety documentation requested for renewal; c) details of any changes since grant/last renewal (including changes to management arrangements, occupancy or layout); and d) where relevant, confirmation that any previous compliance issues have been resolved. D7.3 Amendments and Variation Applications Where a licence holder seeks to change an existing STL licence, the Council will determine whether the request can be dealt with as an amendment or requires a formal variation application. Applicants should provide sufficient information to allow that assessment to be made. Depending on the proposed change, this may include: a) a clear description of the proposed change and why it is required; b) updated plans or layout information (where relevant); c) updated management or operating arrangements (where relevant); d) updated safety or compliance information (where relevant); and e) any other information reasonably requested by the Council. Where the Council determines that a change is material or affects the terms of the licence, the applicant will be required to submit a formal variation application. D7.4 Transfer Applications Applicants should provide: a) details of the proposed transferee and any information required by the Council’s form; b) confirmation of management/control arrangements following transfer; c) confirmation that mandatory and standard conditions will continue to be complied with; and d) any other information required by the STL Order for transfer applications. D7.5 Provisional STL licence Applications D7.5.1 A provisional STL licence application must be accompanied by a provisional planning certificate in respect of the premises, as required and defined by the STL Order (as amended). D7.5.2 Applicants must include the provisional planning certificate with the provisional application, along with the other information and evidence required by the Council’s form for provisional applications. 74
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D7.6 Confirmation of a provisional STL licence Applicants must provide the information and evidence required by the STL Order for confirmation, including the planning-related material required for confirmation (as specified in the STL Order), together with any updated premises/safety information requested by the Council for confirmation purposes. D7.7 Temporary Licences and Temporary Exemptions Where the STL Order provides for temporary licences or temporary exemptions, applicants must provide the information required by the STL Order to allow the Council to assess the statutory criteria, including the duration requested and the reasons why the temporary route is sought. D8. Incomplete Applications D8.1 If an application is incomplete, the Council will normally contact the applicant (or agent) to identify what is missing or unclear and request the required information. D8.2 The Council will not normally progress an incomplete application to consultation, notification or determination until the application is complete and the applicable fee has been paid. D8.3 Delay in providing information is likely to delay determination. Applicants should ensure they provide information promptly and in full. D9. Requests for Further Information D9.1 The Council may request additional information where reasonably required to determine an application or to assess compliance with mandatory and standard licence conditions. D9.2 The Council may also carry out inspections or other checks where appropriate (see Part 17). D9.3 Applicants and licence holders should cooperate with reasonable and lawful requests for information and access. D10. Publication and Data Protection D10.1 Applicants should be aware that certain licensing information may be published or disclosed in accordance with the 1982 Act, the STL Order or the 2024 Order and as described in Part 15. D10.2 Where supporting documents include personal data relating to third parties, applicants must ensure such information is provided lawfully and only to the extent necessary. D11. Policy Documents and Updates D11.1 The Council may update its application forms, checklists and guidance notes from time to time to reflect changes in the 1982 Act, the STL Order, the 2024 Order and operational requirements. D11.2 The current versions of application forms and any accompanying guidance will be published by the Council. Applicants should ensure they are using the most up-to-date versions when applying. 75
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Annex E – Compliance Information E1. Purpose E1.1 This Annex provides practical guidance to assist applicants and licence holders to comply with the 1982 Act, the STL Order, the 2024 Order and the conditions attached to a STL licence. E1.2 This Annex should be read alongside Annex C (Standard Licence Conditions) and the mandatory licence conditions in the STL Order. E1.3 This Annex does not restate statutory requirements in full. Where there is any conflict between this Annex and the STL Order or the conditions attached to an individual licence, the statutory provisions and licence conditions prevail. E2. General Compliance Expectation E2.1 Licence holders must comply with the mandatory licence conditions, the Council’s standard licence conditions and any additional conditions attached to their licence. E2.2 Licence holders remain responsible for compliance whether the STL is managed directly by the licence holder or through an agent/operator/property manager. E3. Information to be Provided to Guests E3.1 Licence holders must ensure that guests are provided with the information required by mandatory and standard licence conditions. This will typically include: a) key safety and emergency information relevant to the premises; b) clear instructions on fire safety arrangements, alarms and emergency exits; c) local contact arrangements for reporting issues (including out-of-hours contact where required); and d) any other information required by licence conditions to support safe and responsible occupation of the premises. E4. Information and Documents to be Available at the Premises E4.1 Licence holders must ensure that documents required by mandatory and standard licence conditions are available for inspection and/or production to the Council on request. Depending on the premises and the licence, this will typically include: a) evidence of gas safety compliance (where gas is present); b) evidence of electrical safety compliance, including an Electrical Installation Condition Report (EICR) for fixed electrical installations and Portable Appliance Testing (PAT) evidence for portable appliances made available for guest use (where applicable); c) evidence of compliance with relevant fire safety requirements and arrangements, including any fire safety information required by conditions; d) evidence of provision and maintenance of fire detection and warning equipment and, where applicable, interlinked alarms and carbon monoxide detection; 76
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e) insurance evidence, including buildings insurance for the duration of the licence and public liability insurance for STL activity (as required by mandatory conditions); f) records relating to furniture and furnishings fire safety compliance (where applicable); g) evidence of assessment and management of Legionella risk, where required by mandatory or standard conditions; and h) any other documents required by mandatory or standard licence conditions or attached as additional conditions to the licence. E5. House Rules and Nuisance Prevention E5.1 Licence holders should have clear house rules and practical arrangements to support compliance with licence conditions and to reduce the risk of nuisance. House rules and guest information should typically cover (as appropriate): a) noise and respectful behaviour; b) refuse and recycling arrangements; c) smoking (where relevant); d) parking/access arrangements (where relevant); e) use of external areas and shared spaces (where relevant); and f) how guests can report problems, including emergencies. E6. Record Keeping E6.1 Licence holders should keep records in a way that allows them to demonstrate compliance with licence conditions, including keeping documents current and readily available. E6.2 The Council may request production of relevant documents and records in connection with an application, inspection or compliance enquiry (see Part 17). E7. Advertising and Listings E7.1 Licence holders must ensure that any advert or listing for a STL is accurate and consistent with the licence as granted, including the authorised STL activity type and the maximum occupancy. E7.2 Advertising must not misdescribe the premises or suggest a use which is inconsistent with the licence. E8. Licence Number in Adverts and Listings E8.1 Licence holders must include the STL licence number in any advert or listing for the STL where required by mandatory licence conditions. E8.2 The licence number must be displayed accurately and must relate to the premises and licence to which the advert/listing refers. E8.3 Where the Council issues a new licence number or updates a licence number/reference, licence holders must ensure that advertising is updated accordingly within a reasonable period. 77
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E9. Energy Performance Certificates (EPCs) E9.1 Where an Energy Performance Certificate (EPC) is required for the premises under applicable legislation, licence holders must ensure that EPC requirements are complied with. E9.2 Where mandatory licence conditions require EPC information to be included in adverts or listings, licence holders must ensure that the EPC information displayed is valid and up to date. E9.3 The Council may request EPC information (including a copy of a valid EPC) where relevant to determining an application or assessing compliance. E10. Evidence of Advertising Compliance E10.1 The Council may request evidence of compliance with advertising and listing requirements, which may include screenshots, links, or other confirmation of how the premises is marketed. E10.2 Failure to comply with advertising requirements may be treated as a breach of licence conditions and may result in compliance or enforcement action (see Parts 17 and 19). E11. Planning (Control Areas) E11.1 Where planning permission is required (for example, where the premises is within a STL control area and planning permission is required for use as a STL), licence holders remain responsible for ensuring planning compliance. Compliance with STL licensing does not remove the need to comply with planning requirements. E12. Compliance and Enforcement E12.1 The Council may take compliance or enforcement action where breaches are identified, in accordance with Parts 17 and 19. E13. Hot Tubs / Spa Pools E13.1 Where a STL includes a hot tub, spa pool or similar feature (whether fixed or portable), the licence holder must ensure it is operated and maintained in a safe condition and in a manner that prevents risk to guests and neighbours. E13.2 The licence holder must ensure compliance with all relevant health and safety duties that apply to the operation of hot tubs/spa pools, including controlling risks associated with aerosols and waterborne bacteria (for example, Legionella). In doing so, the licence holder should have regard to relevant Health and Safety Executive guidance on spa pool systems. E13.3 The Council may request evidence of the arrangements in place to manage hot tub/spa pool safety (for example: risk assessment, cleaning/disinfection regime, water treatment/testing regime, maintenance instructions, and records), in connection with an application, inspection or compliance enquiry (see Part 17). E13.4 Where a hot tub/spa pool is provided, the Council applies a standard licence condition to support safe operation and to reduce the risk of nuisance. Licence holders must ensure that guests are given clear house rules and must comply with any licence conditions. 78
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1 Licensing Policy Statement on Short-Term Let Licensing approved after revision by the Licensing Committee on Monday 26 September 2022 Note In this document "STL" means "Short-Term Let" and "NAC" means North Ayrshire Council. Annex A contains definitions of other terms, and these are shown underlined. Contents PARTS 1. The role of the Council 2. The approach of the Council 3. Scottish Government Guidance 4. Where can I find more information? 5. Are you a 'New Host' or an 'Existing Host'? 6. Important Dates 7. How the Council deal with Licence applications 8. What is a "Short-Term Let"? 9. What are the "Types of Short-Term Let"? 10. What conditions does a STL Licence have? 11. What is the 'Maximum Capacity'? 12. What are the STL Exemptions? 13. What is the 'Immediate Family Member' exemption? 14. What is 'Excluded Accommodation'? 15. What are 'Excluded Tenancies'? 16. NAC Policy on Temporary Exemptions 17. NAC Policy on Temporary Licences 18. Before you apply for a Licence 19. What information do I have to give Guests? 20. What do I have to put in listings or adverts? 21. How will the Council monitor compliance? 22. How will the Council deal with complaints? 23. What information is public? 79
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2 ANNEXES Annex A - Definitions Annex B - "Repairing Standard" Annex C - Mandatory Licence Conditions Annex D - Licence Duration Annex E - Enforcement Annex F - Better Regulation Annex G - Existing Hosts Annex H - NAC Confirmation for Existing Hosts Annex I - Planning legislation Annex J - Fees Annex K - What documents do I need? Annex L - What documents do I have to give Guests? Annex M - Unique Licence Numbers 1. The role of the Council North Ayrshire Council are the "Licensing Authority" under the Civic Government (Scotland) Act 1982. That Act regulates the licensing of many activities which are not covered by - the Alcohol Licensing legislation (the Licensing (Scotland) Act 2005, or - the Landlord Registration scheme (the Antisocial Behaviour etc. (Scotland) Act 2004, Part 8) - the Gambling Act 2005; - the statutes regulating activities involving animals. The 1982 Act covers several activities, including the operation and driving of Taxis and Private Hire Cars, Street Trading and Markets, and Public Entertainment. On 1 October 2022 this list will extend to a further activity: the operation of a Short-Term Let. This is as a result of a change in the Law which applies across Scotland, and Councils have no choice about: - whether or not the new system should apply in their areas at all, or - whether it should apply throughout the Council area or only in certain parts. This document: - sets out the Council's approach to the regulation of STL, and - explains the processes to be followed relating to applications for licences of this kind. 80
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3 2. The approach of the Council The Council recognise that there are several objectives which the STL Licensing scheme should seek to achieve, and that the scheme should balance several factors: - protecting public safety - securing compliance with Licence Conditions - treating complaints both from Guests and neighbours effectively - limiting Hosts' costs and their administrative burden in having to repeatedly re-apply for Licences - limiting the Council's regulatory burden in inspecting and monitoring Accordingly the Council will adopt a risk-based STL system where risk assessments will influence several aspects of the scheme. The general approach of the Council is 'light touch'. For example, although Licences will normally be granted for the 3-year maximum permitted by Law, the position will be different when the Council are later asked to renew the Licence. The Council could time-limit a renewal but would start with the presumption that the renewed licence might be without limit of time. Instead, there would be an extra condition - that at the time of applying for renewal and at 10-year intervals forever after, the Host should pay the equivalent of the renewal fee as a 'recurring fee'. This is similar to the arrangement which already operates for alcohol-licensed premises like pubs, restaurants and shops: the Licence is granted 'forever', but the Premises have to pay an Annual Fee each October, and the Licensing Board will only deal with the particular Premises again if: - there is a complaint (leading to a Review Hearing)' - the Licence-Holders themselves request a change to the Licence, such as a variation of hours, capacity etc. or a Transfer on the sale of the business, or - the Licence-Holders don't pay the Annual Fee (the Board might give them more time, but eventually they'll probably revoke the Licence). So if a STL Host observes the Licence conditions, complies with the legislation, and pays the 'recurring fee', there would be no need: - for the Host to incur every few years the time and expense of re-applying, or - for the Council to process the application, 81
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4 but (as with most other kinds of Licence) there would still be the possibility of review action if there was a complaint. See Annexes: D - Licence Duration E - Enforcement F - Better Regulation G - Existing Hosts H - NAC Confirmation for Existing Hosts J - Fees for more information. 3. Scottish Government Guidance This Policy provides guidance for potential Licence applicants and members of the public on the licensing of STL within North Ayrshire. In producing this Policy Document the Committee have taken into consideration the Scottish Government’s Short Term Lets in Scotland Licensing Scheme Guidance published on 18 March 2022. This is at: https://www.gov.scot/publications/short-term-lets The Guidance is in two parts: Part 1: Guidance for Hosts and Operators This is at: https://www.gov.scot/publications/short-term-lets-scotland-licensing-schemepart- 1-guidance-hosts-operators-2 You may find this helpful, especially "Annex B: Application checklist". Part 2: Supplementary Guidance for Licensing Authorities, Letting Agencies and Platforms This is at: https://www.gov.scot/publications/short-term-lets-scotland-licensing-schemepart- 2-supplementary-guidance-licensing-authorities-letting-agencies-platforms-2 4. Where can I find more information? The 1982 Act is published on a free Government Internet site: https://www.legislation.gov.uk/ukpga/1982/45/contents 82
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5
This Policy Statement document often refers to Schedule 1 ("Licensing—Further Provisions
as to the General System") which is set out at the end of the 1982 Act. This sets out the
procedural rules for most Licensing functions under the 1982 Act, and the direct link to
Schedule 1 is:
https://www.legislation.gov.uk/ukpga/1982/45/Schedule/1
The Order which adds STL Licensing to the 1982 Act is:
The Civic Government (Scotland) Act 1982 (Licensing of Short-term Lets) Order
2022, No. 32
The Order is published on the same Internet site:
https://www.legislation.gov.uk/ssi/2022/32/contents/made
This Order is referred to in this document as the "STL Order".
The new Licensing system will apply throughout North Ayrshire. There are some STLs which
do not need Licences (see Part 12 - "STL Exemptions" below).
The STL Order introduced a licensing scheme for STL and requires all STL to be licensed by
1 April 2024. Prior to the introduction of the 2022 Order, there was no requirement to license
STLs in Scotland.
5. Are you a 'New Host' or an 'Existing Host'?
Many of the rules apply differently depending on whether you are a 'New Host' or an 'Existing
Host'.
- 'Existing Host' - if you are already using these Premises as a Short-Term Let;
- "New Host" - you have not used these Premises as a Short-Term Let
NAC have special procedures to assist Existing Hosts - see Annexes
G - Existing Hosts
H - NAC Confirmation for Existing Hosts
You will be treated as a New Host:
- if you have used these Premises as a Short-Term Let in the past but are not so using
them on the date of your Application
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6 - if you are using, or have used, other Premises as a Short-Term Let but you are not currently using the Premises covered by the Application as a STL. 6. Important Dates Date "Existing Hosts" "New Hosts" Saturday 1 October 2022 • You can continue to operate your premises as a STL as before (you must still comply with existing laws) • You must apply for a STL • Must not operate a STL without a licence being granted by the Council • you can apply for a STL Licence but you cannot operate a STL unless and until your application has been licence; • You have a "Deemed Licence" until Saturday 1 April 2023 (unless the Council refuse your Application earlier) • If your STL Licence application is refused by the Licensing Authority you must stop using your premises as a STL within 28 days of the decision (subject to appeal to the Sheriff) granted. Saturday 1 April 2023 • Can only operate without a licence if you have applied for a STL Licence (but only while the application is still pending); and • If your STL Licence application is refused by the Licensing Authority you must stop using your premises as a STL within 28 days of the decision (subject to appeal to the Sheriff) [Saturday 1 April 2023 has no relevance to New Hosts and the position remains: • Must not operate a STL without a licence being granted by the Council • you can apply for a STL Licence but you cannot operate a STL unless and until your application has been granted. ] Monday 1 April 2024 • All hosts must have a STL licence. • All hosts must have a STL licence. 84
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7 7. How the Council deal with Licence applications This description of the Licensing process in NAC applies to everything the Licensing Committee are responsible for (such as the operation and driving of Taxis and Private Hire Cars, Street Trading and Markets, Public Entertainment and - from 1 October 2022 - the operation of a Short-Term Let). The Licensing functions of NAC are carried out by the Licensing Committee, which is a Committee of Elected Members. The Council have a "Delegated Powers" arrangement, which authorises the Clerk to the Licensing Committee and other officers in the NAC Licensing Section to grant Licence Applications without reference to the Licensing Committee if: (a) there are no Objections, adverse Representations or adverse consultation responses made by any of: - Police - Scottish Fire and Rescue Service (SFRS) - NAC Departments - Members of the public and (b) the Application does not breach any NAC Policy. For example, over 90% of Applications for Taxi Driver's Licences are granted under Delegated Powers only a few weeks after the Applications are lodged with NAC, and never need to be considered by the Licensing Committee. We expect that the position with Applications for STL Licences will be similar, and that the most Licence Applications will be dealt with under Delegated Powers. If we have one or more of: - Objections, - Representations which we consider to be adverse to your Application, or - an issue with NAC Policy, your case must be referred to the Licensing Committee (as it is now outside "Delegated Powers"). The Licensing Committee will decide if your case needs a Hearing. If there is a Hearing then you will be invited to attend, and if you cannot attend then you are entitled to send NAC written representations (by letter or email) 85
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8 The Committee meet in Council Chambers at Cunninghame House, Friars Croft, Irvine. For many months during the Coronavirus Emergency the Committee met remotely, using videoconferences where licence applicants dialled-in, but now the Committee are meeting inperson, as they did before Coronavirus. The Council have to consider the potential reasons for refusal set out in 1982 Act, Schedule 1, Paragraph 5(3) which are (briefly) that the Licensing Authority consider that - the Applicant is not a 'fit and proper person' - the Premises are not suitable for their proposed use - there is another good reason for refusing the Application (for example, because of previous breaches of legal requirements). Following usual practice, any Hearing of your case will be in private following a Resolution made under Local Government (Scotland) Act 1973, Section 50A(4), so the only people present will be: - you - representatives of the Police/SFRS/NAC Departments - any members of the public who have made Objections or Representations. You are entitled to be present and to be represented by a Solicitor or Advocate. If you do not intend to be present or represented, you can send a written statement of your position. You should ensure that this statement arrives at the Licensing Section before 12 noon on the last business day before the Committee date. Email: licensing@north-ayrshire.gov.uk We advise you to set 'delivery receipt' or equivalent before you send your email. Please note that although you are free to obtain independent legal advice and representation, the Council will not pay for either. If you do not attend, are not so represented, and do not send a statement: (a) The Committee may still deal with the case, (b) The Sheriff is likely to reject any Appeal (1982 Act, Schedule 1, Paragraph 18(2)) Some of the same rules apply to the members of the Licensing Committee dealing with STL Licensing as in any other kind of licensing: Members of the Committee must take account of the terms of the Councillors’ Code of Conduct published by the Standards Commission for Scotland which sets out the need to ensure: - that there is a proper and fair hearing for all regulatory decision making and 86
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9 - that there is no suggestion of pre-judging or bias in the consideration of any applications before the Committee. Members of the Committee may declare an interest and choose not to participate in the decision-making of any licensing matter in respect of which they have had any prior involvement either personally or in their capacity as a Councillor if they feel that such prior involvement would compromise their impartiality. 8. What is a "Short-Term Let"? A "Short-Term Let" means - - the use of residential Accommodation, - provided by a Host, - in the course of business to a Guest, - where the Short-Term Let is entered into for Commercial Consideration, except where any of the "STL Exemptions" apply (see Part 12 - "What are the STL Exemptions?" below). 9. What are the "Types of Short-Term Let"? The STL Order defines “Type of Short-Term Let” as one of the following purposes— (a) Secondary Letting, (b) Home Letting, (c) Home Sharing, or (d) Home Letting and Home Sharing. (Definition in STL Order, Schedule 3, Paragraph 18) This definition is important because your Licence will state one of these - (a) to (d) - and you can only use the Premises for that purpose. This is because one of the Mandatory Conditions of the STL Licence is: "2. Type of licence 87
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10 2. The Holder of the Licence may only offer the Type of Short-Term Let for which the licence has been granted." (STL Order, Schedule 3, Paragraph 2) There are further definitions in Paragraph 18: “Secondary Letting” "means a Short-Term Let consisting of the entering into of an agreement for the use of Accommodation which is not, or is not part of, the licence holder’s only or principal home" “Home Letting” "means a Short-Term Let consisting of the entering into of an agreement for the use, while the Host is absent, of Accommodation which is, or is part of, the Host’s only or principal home" “Home Sharing” "means a Short-Term Let consisting of the entering into of an agreement for the use, while the Host is present, of Accommodation which is, or is part of, the Host’s only or principal home" Home Sharing and Home Letting concern the use of the Host’s only principal home. Secondary Letting does not relate to the use of the Host’s principal home. The application form will ask you to confirm what "Type" of STL Licence you are applying for. You must select one of the above types of the licence. 10. What conditions does a STL Licence have? (a) Mandatory Conditions Any STL Licence anywhere in Scotland has the "Mandatory Conditions" set out in STL Order, Schedule 3. These conditions apply automatically to all Licences in Scotland, and NAC cannot change them. See Annex C - "Mandatory Licence Conditions" for more information. As well as the national Mandatory Conditions, each Licensing Authority are also able to attach "Standard Conditions" to 1982 Act Licences. In STL Licensing, these are also called "Additional Conditions" - see part (b) of this Section, below. Breach of a licence condition, whether a Mandatory Condition or a Standard Condition can be enforced, and may lead to one or more of: - Prosecution - Revocation or Suspension of the Licence - Variation of the Licence 88
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11 - "Enforcement Notice" served on the Licence-Holder See Annex E - "Enforcement" for more information. (b) Standard Conditions With two exceptions, NAC do not intend to apply any Standard Conditions to STL Licences. The first exception NAC have decided to apply the "template additional condition" set out in the Scottish Government Guidance (Paragraph 5.33): "1. The licence holder must provide adequate information on, and facilities for, the storage, recycling and disposal of waste. 2. The licence holder must advise Guests of: • their responsibilities; • the use of the bins / sacks provided for the premises; and • the location of the nearest recycling centre or recycling point. 3. The licence holder must: • clearly label bins as belonging to the premises; • ensure that Guests manage their waste in compliance with (2), including when they depart; and • maintain the bin storage area and the exterior of the premises in a clean and tidy condition." The second exception The exception is the "recurring fee" condition for renewed Licences. If a licence is renewed 'without limit of time', it will have an additional condition requiring payment of a "recurring fee" both: - at the time of applying for renewal, and; - every ten (10) years afterwards. If the most recent decision of the Council has been: - to grant a Licence for the Premises or - to renew the Licence for a fixed period 89
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12 there is no recurring fee. If a recurring fee is not paid when it is due then the Council can revoke your Licence. 11. What is the 'Maximum Capacity'? (a) Why is this important? One of the mandatory conditions that is attached to all STL licences is that the licence holder must ensure that the number of Guests residing on the premises does not exceed the number specified in the licence: this is the "Maximum Capacity". The Maximum Capacity you apply for will affect the fee you have to pay, so it's in your interests not to apply for a high capacity if there's a possibility that we might set a lower limit - you might end up paying a higher fee, but it would not be refunded or reduced. (b) How is Maximum Capacity set? We will look at your application form and your Layout Plan, and will follow any guidance issued by Scottish Fire and Rescue or the Council's Housing or Protective Services Departments. Children under 10 years of age are not counted when calculating the Maximum Capacity. (c) How do I tell the Council what Maximum Capacity I want? All grant applications will ask you to say how many Guests you want to accommodate in the premises. We will not expect you to state this this when you apply for renewal as we will assume that: - the Premises already offer the same accommodation as before, and so - you are applying for the same Maximum Capacity as Licence already allows, unless you specify a different figure or your Licence has previously been changed to a different capacity. (d) How do I request a change in Maximum Capacity later? If you want to change the Maximum Capacity: - when you apply for renewal, you should complete that part of the application form 90
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13 - at any other time apart from renewal: you should apply to us for 'consent for a material change' (in NAC we call this an "Amendment", but other Councils might have a different name). There is no form for this and a letter will do. There is a fee: see Annex J - "Fees"). The Law is in 1982 Act, Schedule 1, Paragraph 9(2). Either way, you should give us information to support your request, for example a new Layout Plan showing that the accommodation has been expanded. 12. What are the STL Exemptions? There is no need for a STL Licence if any of these apply: (a) the Guest uses the Accommodation as their only or principal home (if they do, there might be a need for Landlord Registration with the Council under separate legislation, so the Host should check with NAC to see if Landlord Registration is needed), (b) the Guest is an Immediate Family Member of the Host (see Part 13 - "What is the 'Immediate Family Member' exemption?"), (c) the Guest is sharing the Accommodation with the Host for the principal purpose of advancing the Guest’s education as part of an arrangement made or approved by a school, college, or further or higher educational institution, or (d) the Guest is an owner or part-owner of the Accommodation, (e) the Accommodation is provided for the principal purpose of facilitating the provision of work or services by the Guest to the Host or to another member of the Host’s household, (f) the Accommodation is Excluded Accommodation (see Part 14 - "What is 'Excluded Accommodation'?"); or (g) the Short-Term Let is an Excluded Tenancy (see Part 15 - "What are 'Excluded Tenancies'?"). The Council cannot provide legal advice on whether or not premises are excluded from requiring a STL licence. Owners should take their own independent legal advice on this. 13. What is the 'Immediate Family Member' exemption? You do not need a STL Licence if the Guest is an Immediate Family Member of the Host. 91
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14 There are further definitions in the legislation of "Qualifying Relationship" and "Qualifying Relative". No STL Licence is needed if the position is (a), (b) or (c): (a) "Qualifying Relationship" The Guest and the Host are: (i) married to each other, (ii) in a civil partnership with each other, or (iii) living together as though they were married, (b) "Qualifying Relative" The Guest and the Host are related as: parent - child grandparent - grandchild or sibling - sibling step-parent - step-child where: - two people are to be regarded as siblings if they have at least one parent in common, - a person is to be regarded as the child of another person, if the 'child' is being or has been treated that person's child (c) Combinations The exemption also extends to situations where the Host and the Guest are connected through a combination of "Qualifying Relationship" and "Qualifying Relative". 14. What is 'Excluded Accommodation'? This is defined in Paragraph 1 of Schedule 1 to the STL Order. There are many examples of Excluded Accommodation, including: (a) an Aparthotel, (b) Premises with a Premises Licence under the alcohol licensing legislation (the Premises covered by an unconfirmed "Provisional Premises Licence", or by an "Occasional Licence", would not be "Excluded Accommodation"), 92
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15 (c) a hotel which has Planning Permission granted for use as a hotel, (d) a Hostel, (e) a Refuge, (f) a Bothy, or (g) Accommodation owned by an employer and provided to an employee in terms of a contract of employment or for the better performance of the employee’s duties. 15. What are 'Excluded Tenancies'? This is defined in Paragraph 2 of Schedule 1 to the STL Order. There are many examples but what they have in common (with one exception) is that they are already regulated under other legislation (it is common for licensing statutes to be worded like this to avoid duplication). An example is the 'Private Residential Tenancy'. The exception is the "Student Residential Tenancy". 16. NAC Policy on Temporary Exemptions The Licensing Authority may, on application, grant an exemption from the requirement to obtain a Short-Term Let Licence in relation to a specified property or properties and during a specified period (which must not exceed 6 weeks in any period of 12 months). (1982 Act, Schedule 1, Paragraph 1A, as added by STL Order, Schedule 2, Paragraph 6). NAC have elected not to grant exemptions in any case, with one exception (1982 Act, Schedule 1, Paragraph 1A(4)). The reason for this policy is that the STL Licensing legislation has been introduced to maintain safety standards and prevent nuisance, so the Committee consider that it is not appropriate to grant temporary exemptions - apart from a single exception. The exception is that where a Host undertakes in writing: (a) that the specified Premises will cease to be used as a STL of any "Type of Short-Term Let" at the end of the shorter of these periods: - six (6) weeks from the date of Application for a Temporary Exemption, or - from the date of Application until 31 March 2023, and (b) will not be used for a period of twelve (12) months after that end date (unless a STL Licence has been granted), 93
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16 the Licensing Authority will entertain that Application. The fees chargeable for a Temporary Exemption application are set out in Annex J - "Fees". The time period within which the Licensing Authority will reach a final decision on a temporary exemption application is six (6) months after the application. Hosts wishing a Temporary Exemption should apply with this processing time in mind. The Council may inspect the Premises before deciding whether or not to grant the Temporary Exemption, and may attach conditions to it (1982 Act, Schedule 1, Paragraph 1A(3)). This is the Statement of Policy required by 1982 Act and is effective on 1 October 2022. It will be reviewed every three (3) years afterwards (1982 Act, Schedule 1, Paragraph 1A(4)- (6)). 17. NAC Policy on Temporary Licences In general, the 1982 Act allows (but does not oblige) a Licensing Authority to grant a Temporary Licence (1982 Act, Schedule 1, Paragraph 7). For example, fairgrounds and short-term markets lasting only a few days often use Temporary Licences. Temporary Licences follow a shortened version of the procedure which applies to 'full' applications. There are two types of Licence under the 1982 Act: [a] Full Licence [b] Temporary Licence [a] Full Licence This lasts up to 3 years, and is renewable indefinitely. An example would be a permanent fairground (as well as Licences for business activities, such as driving and operating taxis). The procedure is set out in Schedule 1 to the Act, and includes: - a requirement to display a site notice for 21 days, to alert the public to the proposal and to inform them of their right to make state objections and representations (Paragraph 2(2)); the site notice is displayed at or near the Application Premises (if there are any), and is often tied to a lamppost or railings; - a procedure for third parties to state objections and representations (Paragraph 3); - a right of appeal to the Sheriff by the unsuccessful Applicant or third party (Paragraph 18). 94
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17 [b] Temporary Licence This lasts a maximum of 6 weeks, although it is often requested for only a few days. It is not renewable. A common example is a temporary fairground. The procedure is also set out in Schedule 1, but this is substantially modified by Paragraph 7: - there is no requirement to display a site notice (as Paragraph 2(2) is disapplied by Paragraph 7(3)); - there is no procedure for third parties to state objections and representations (as Paragraph 3 is disapplied by Paragraph 7(3)); - there is no right of appeal to the Sheriff (as Paragraph 18 is disapplied by Paragraph 7(5)). (c) Policy Given the considerations below, the Licensing Authority will not entertain applications for Temporary STL licences. (i) Lack of full consultation One of the objectives in introducing the STL Licensing scheme was to allow Councils to control the concentration of STL premises as they can be the source of nuisance suffered by neighbours. Therefore the neighbours were given the 'full licence' rights to know about STL proposals and to state their views. The Licensing Authority do not think it is appropriate to defeat one of objectives in introducing the STL Licensing scheme by allowing Hosts to circumvent neighbours' rights by applying for Temporary Licences. (ii) Safety and suitability The STL Licensing legislation has been introduced to maintain safety standards and prevent nuisance. This implies that the Council should have an opportunity to inspect Premises which seek Licences to assess whether or not they are suitable and safe for their proposed use. The short time-scales commonly associated with Temporary Licences (which also lead to a lack of full consultation) may mean that the Council have only a few days or weeks to make a decision before the Licence is proposed to take effect - so it is likely to be impossible for the Council to carry out an appropriate assessment in the short time available. 18. Before you apply for a Licence Before you apply for a STL licence of any Type, you should check that you can comply with the Mandatory Conditions attached to the STL licence (see Annex C - "Mandatory Licence Conditions"). 95
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18
You should give particular attention to:
- Part 10(b) above (the Licence condition about waste disposal: heading "The first
exception")
- Part 19 ("What information do I have to give Guests?")
- Part 20 ("What do I have to put in listings or adverts?")
- Annex L - What documents do I have to give Guests?
Insurance
Annex L details the Mandatory Conditions ("MC") which require Hosts to have various
documents, and this includes headings:
"MC 15: Insurance"
"Tenement insurance - the 'Prescribed Risks' "
MC 15 is:
"15. The Holder of the Licence must ensure that there is in place for the Premises—
(a) valid buildings insurance for the duration of the licence, and
(b) valid public liability insurance for the duration of each Short-Term Let
agreement."
Hosts are advised to review their insurance policies to check that they, their Guests, and their
Guests' property are covered. The Council have no involvement in this.
19. What information do I have to give Guests?
One of the Mandatory Conditions your Licence has automatically is Condition 12 ("Information
to be displayed"). This requires the licence-holder to provide documentation to Guests:
"12. The Holder of the Licence must make the following information available within the
Premises in a place where it is accessible to all Guests—
(a) a certified copy of the licence and the licence conditions,
(b) fire, gas and electrical safety information,
(c) details of how to summon the assistance of emergency services,
(d) a copy of the Gas Safety Report,
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19 (e) a copy of the Electrical Installation Condition Report, and (f) a copy of the Portable Appliance Testing Report." See Annex L - "What documents do I have to give Guests?". You also have to give the Guests information about waste disposal (see Part 10(b) above - the Licence condition about waste disposal: heading "The first exception"). The Licensing Authority or Civic Licensing Standards Officer may ask to see these documents. Failure to produce or have all the documents required may result in an Enforcement Notice being issued or the STL Licence being suspended or revoked. 20. What do I have to put in listings or adverts? This is covered by Mandatory Condition 14(1): "14.—(1) The Holder of the Licence must ensure that any listing or advert (whether electronic or otherwise) for the Short-Term Let of the Premises includes— (a) the licence number, and (b) a valid Energy Performance Certificate rating if an Energy Performance Certificate is required for the Premises, in accordance with the Energy Performance of Buildings (Scotland) Regulations 2008." (a) the licence number is the number which the Council will give to your case and will be on all correspondence from us (This is called the “Unique Licence Number” - see Annex M - "Unique Licence Numbers"); (b) The "Energy Performance Certificate" (see Annex L - "What documents do I have to give Guests?", heading "Energy Performance"). 21. How will the Council monitor compliance? The Licensing Authority recognise the importance of having compliance issues monitored in order to ensure Licensed STLs are not causing an unnecessary nuisance to the community, nearby residents or neighbours. As such they will carry out a risk-based approach to enforcement, with the Civic Licensing Standards Officer using a range of escalating informal measures, prior to an Enforcement Notice being issued and subsequently a complaint being made to the Committee in relation to the STL Licence inviting the Committee to consider holding a Hearing as to the possible revocation or suspension of the STL Licence. 97
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20 22. How will the Council deal with complaints? (a) General approach It is essential that Licensed STLs are operated in accordance with the 1982 Act and the licence conditions. However the general approach of the Council is 'light touch' (see Annex F - "Better Regulation"). Accordingly the Enforcement procedures under the 1982 Act are to be seen as a last resort, where problems relating to the operation of a STL cannot be resolved amicably by the licence holder and the complainer, possibly with the Council's Civic Licensing Standards Officer or other Council officers acting as mediators. If the Council consider that a problem exists but that the Host can fix it, they should be given a chance to do so. (b) Complaints from Guests In the first instance, the Licensing Authority would expect any concerns from Guests to be raised with the Host or operator and only where this cannot be resolved should they contact the Licensing Authority. (c) Complaints from Neighbours Similarly, in the first instance the Licensing Authority would expect concerns from neighbours to be raised with the Licence Holder, and only where these cannot be resolved should the neighbours contact the Licensing Authority. See the webpage for our Licensing Board : https://www.north-ayrshire.gov.uk/business/licences-and-permits/food- alcoholgambling-licences/licensing-board.aspx Under the heading "Objections and Complaints about Licensed Premises". The Licensing Board deal with licences for alcohol-selling Premises, like public houses, restaurants and off-sale shops, and the Board sometimes deal with complaints about alcohol premises which are similar to the complaints from neighbours of rented accommodation. So the documents on that webpage: - "advice" - "Complaint/Premises Licence review application" 98
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will be useful. In particular the part of the second document under the heading "North Ayrshire
Licensing Board/North Ayrshire Council - ASB Diary". This form is used to give details of
alleged incidents of Antisocial Behaviour ("ASB") involving Licensed Premises (or rented
houses).
23. What information is public?
It is a statutory requirement that the Licensing Authority maintain a public register of STL
Licences. This is part of the "Licensing Register" which can be accessed from the Licensing
Authority's webpage: https://www.north-ayrshire.gov.uk/business/licences-and-
permits/licences-andpermits.aspx
Listings have to show the Licence Number. When you apply, we will allocate your Application
a reference number.
=== ANNEXES ===
Annex A - Definitions
In this Policy Statement document words which are defined in legislation are underlined:
# “1982 Act”
means the Civic Government (Scotland) Act 1982,
# “Accommodation”
includes the whole or any part of a Premises,
# “Aparthotel”
means a residential building containing Serviced Apartments where—
(a) the whole building is owned by the same person,
(b) a minimum number of 5 Serviced Apartments are managed and operated as a
single business,
(c) the building has a shared entrance for the Serviced Apartments, and
(d) the Serviced Apartments do not share an entrance with any other flat or
residential unit within the building,
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22
# “Bothy”
means a building of no more than two storeys which—
(a) does not have any form of—
(i) mains electricity,
(ii) piped fuel supply, and
(iii) piped mains water supply,
(b) is 100 metres or more from the nearest "public road" (within the meaning of
section 151 of the Roads (Scotland) Act 1984), and
(c) is 100 metres or more from the nearest habitable building,
# "Caravan"
means any structure designed or adapted for human habitation which is capable of being
moved from one place to another (whether by being towed, or by being transported on
a motor vehicle or trailer) and any motor vehicle so designed or adapted, but does not
include—
(a) any railway rolling stock which is for the time being on rails forming part of a
railway system, or
(b) any tent;
Note: The definition of 'Caravan' in the 1960 Act is qualified by the Caravan
Sites Act 1968, Section 13 ("Twin-unit Caravans") and further amended by
"The Caravan Sites Act 1968 (Amendment of Definition of Caravan)
(Scotland) Order 2019 No. 295".
There is no such thing as a ‘Camp Site Licence’ : a land-owner does not
need a 1960 Act Licence to make land available for the sole purpose of
pitching tents (although the land-owner might need Planning Permission
under separate legislation: the Town and Country Planning (Scotland) Act
1997.
# “Certificate of Lawfulness of Use or Development”
means a certificate under section 150 or 151 of the Town and Country Planning
(Scotland) Act 1997.
# "Civic Licensing Standards Officer"
has the definition in section 45G of the 1982 Act;
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23 # “Commercial Consideration” includes— (a) money, (b) a benefit in kind (such as provision of a service, or reciprocal use of Accommodation), # "Councillors' Code of Conduct" means the Code of Conduct published by the Standards Commission for Scotland under the Ethical Standards in Public Life etc. (Scotland) Act 2000. # “Electrical Installation Condition Report” means a report containing the following information— (a) the date on which the inspection was carried out, (b) the address of the Premises inspected, (c) the name, address and relevant qualifications of the person who carried out the inspection, (d) a description, and the location, of each installation, fixture, fitting and appliance inspected, (e) any defect identified, (f) any action taken to remedy a defect, # “Energy Performance Certificate” means a certificate which complies with regulation 6 of the Energy Performance of Buildings (Scotland) Regulations 2008, # “Excluded Accommodation” means Accommodation described in Paragraph 1 of Schedule 1 to the STL Order; # “Excluded Tenancy” means a tenancy described in Paragraph 2 of Schedule 1 to the STL Order; # “Gas Safety Report” means a report containing the following information— 101
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24 (a) the date on which the appliance or flue was checked, (b) the address of the Premises at which the appliance or flue is installed, (c) a description of and the location of each appliance or flue checked, (d) any safety defect identified, (e) any remedial action taken, (f) confirmation that the check undertaken complies with the requirements of an examination of— (i) the effectiveness of any flue, (ii) the supply of combustion air, (iii) subject to head (iv), its operating pressure or heat input or, where necessary, both, (iv) if it is not reasonably practicable to examine its operating pressure or heat input (or, where necessary, both), its combustion performance, (v) its operation so as to ensure its safe functioning, (g) the name and signature of the individual carrying out the check, and (h) the registration number with which that individual, or that individual’s employer, is registered with a body approved by the Health and Safety Executive for the purposes of regulation 3(3) of the Gas Safety (Installation and Use) Regulations 1998, # “Guest” means any person who occupies Accommodation under a Short-Term Let (Note: "Where the Accommodation is let to more than one person under a Short-Term Let, references in this Order to the Guest are to any one of those persons." : STL Order, Article 2(2)). # “Holder of the Licence” means any person to whom a Short-Term Let Licence has been granted or jointly granted, # “Home Letting” means a Short-Term Let consisting of the entering into of an agreement for the use, while the Host is absent, of Accommodation which is, or is part of, the Host’s only or principal home, 102
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25 # “Home Sharing” means a Short-Term Let consisting of the entering into of an agreement for the use, while the Host is present, of Accommodation which is, or is part of, the Host’s only or principal home, # “Host” means a person who is the owner, tenant, or person who otherwise exercises control over occupation and use, of the Accommodation which is the subject of a Short-Term Let, # “Hostel” means a building, other than a dwellinghouse, in which there is provided for persons generally or for any class or classes of persons— (a) residential Accommodation, and (b) either or both— (i) meals, (ii) cooking facilities, # "House” (a) means any living accommodation which is, or which is capable of being, occupied as a separate dwelling (other than a Mobile Home or any other living accommodation which is not a building), and (b) includes— (i) any part of the living accommodation (including its structure and exterior) which is, and any common facilities relating to it which are, owned in common with others, and (ii) any yard, garden, garage, out-house or other area or structure which is, or which is capable of being, occupied or enjoyed together with the living accommodation (solely or in common with others), (Note: this is the definition of "House" in Housing (Scotland) Act 2006, Section 194) # "Immediate Family Member" A person (“A”) is an Immediate Family Member of another person (“B”) if A is— (a) in a Qualifying Relationship with B, 103
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(b) a Qualifying Relative of B,
(c) a Qualifying Relative of a person who is in a Qualifying Relationship with B, or
(d) in a Qualifying Relationship with a Qualifying Relative of B.
# "Licensing Authority"
North Ayrshire Council are the "Licensing Authority" under the Civic Government
(Scotland) Act 1982 and the STL Order,
# "Mobile Home"
Has the meaning set out in the Mobile Homes Act 1983, Section 5 (which applies the
definition of "Caravan" in the Caravan Sites and Control of Development Act 1960; see
The Mobile Homes Act 1983 (Amendment of Schedule 1) (Scotland) Order 2013 No.
219).
# "Police Service of Scotland" ("Police Scotland")
Established under the Police and Fire Reform (Scotland) Act 2012.
# “Personal Care”
has the same meaning as in Paragraph 20 of Schedule 12 of the Public Services Reform
(Scotland) Act 2010,
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# 27 “Premises” means the Accommodation which is the subject of an application for a short-term licence or the subject of a short-term licence (Note: the "licence" meant here is: - the permission given by the Host to allow the Guest to use the Accommodation, and not - the "STL Licence" granted by the Council) # "Qualifying Relationship" Two people are in a Qualifying Relationship with one another if they are— (i) married to each other, (ii) in a civil partnership with each other, or (iii) living together as though they were married, # “Qualifying Relative” This means a parent, grandparent, child, grandchild or sibling: - two people are to be regarded as siblings if they have at least one parent in common, - a person’s stepchild is to be regarded as the person’s child, - a person (“C”) is to be regarded as the child of another person (“D”), if C is being or has been treated by D as D’s child. # “Refuge” means Accommodation used wholly or mainly for persons who have been subject to any incident or pattern of incidents, of— (a) controlling, coercive or threatening behaviour, (b) physical violence, (c) abuse of any other description (whether physical or mental in nature), or (d) threats of any such violence or abuse. 105
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#
28
# “Repairing Standard”
means the steps which the Holder of the Licence is required to take to comply with the
obligations placed on the holder by Chapter 4 of Part 1 of the Housing (Scotland) Act
2006,
"Scottish Fire and Rescue Service" ("SFRS")
Established under the Fire (Scotland) Act 2005 and the Police and Fire Reform
(Scotland) Act 2012,
# “Serviced Apartment”
means a flat or residential unit in respect of which—
(a) services are provided to Guests (such as housekeeping, a telephone desk,
reception, or laundry),
(b) each flat or unit contains its own washing, cooking and dining facilities separate
from each of the other flats or units, and
(c) there is a management system in place to prevent anti-social behaviour and to
impose limits in respect of the maximum occupancy of the flats or units,
# "Schedule 1"
means Schedule 1 to the Civic Government (Scotland) Act 1982 ("the 1982 Act").
Schedule 1 is set out at the end of the 1982 Act and contains most of the procedural
rules for Licences, such as: how to apply for a Licence; how the Council deal with the
Application; and what action the Council can take later to vary, suspend or revoke a
Licence.
# “Short-Term Let” (or "STL")
means the use of residential Accommodation provided by a Host in the course of
business to a Guest, where all of the following criteria are met—
(a) the Guest does not use the Accommodation as their only or principal home,
(b) the Short-Term Let is entered into for Commercial Consideration,
(c) the Guest is not—
(i) an Immediate Family Member of the Host,
(ii) sharing the Accommodation with the Host for the principal purpose of
advancing the Guest’s education as part of an arrangement made or
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# 29 approved by a school, college, or further or higher educational institution, or (iii) an owner or part-owner of the Accommodation, (d) the Accommodation is not provided for the principal purpose of facilitating the provision of work or services by the Guest to the Host or to another member of the Host’s household, (e) the Accommodation is not Excluded Accommodation (see Schedule 1), and (f) the Short-Term Let does not constitute an Excluded Tenancy (see Schedule 1), "Short-term Let Control Area" This has the meaning provided in section 26B of the Town and Country Planning (Scotland) Act 1997. (Note: The 1997 Act relates to the Planning legislation, not to the Licensing legislation, and it is not within the powers of the Licensing Authority to designate a STLCA or to vary a designation.) # "Site Notice" When a person applies to the Council for a Licence involving the use of Premises like a house, they have to display a public "Site Notice" at or near the Premises. Often Site Notices are tied to lamp-posts or railings, or pinned to a door. The Site Notice summarises the proposal, and the Site Notice is displayed so that the public, such as neighbours, are alerted to the proposal, and to their chance to state objections or representations to the Council about the proposal. The Site Notice must be displayed for at least 21 days, and afterwards the Licence Applicant must give the Council a Certificate confirming that this display had happened. # "STL Order" This means the Civic Government (Scotland) Act 1982 (Licensing of Short-Term Lets) Order, 2022 No. 32. This is the Order which extended the Licensing rules in the Civic Government (Scotland) Act 1982 (which already covers several activities, including the operation and driving of Taxis and Private Hire Cars, Street Trading and Markets, and Public Entertainment) to Short-Term Lets. # “Secondary Letting” means a Short-Term Let consisting of the entering into of an agreement for the use of Accommodation which is not, or is not part of, the licence holder’s only or principal home, 107
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# 30 # “Student Accommodation” means residential Accommodation which has been built or converted predominantly for the purpose of being provided to students. # “Student Residential Tenancy” means a tenancy— (a) the purpose of which is to confer on the tenant the right to occupy the let property while the tenant is a student, and (b) to which sub-Paragraph (2) or (3) of Paragraph 5 of Schedule 1 (tenancies which cannot be Private Residential Tenancies) of the Private Housing (Tenancies) (Scotland) Act 2016 applies, # “Type of Short-Term Let” means one of the following purposes— 108
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(a) Secondary Letting,
(b) Home Letting,
(c) Home Sharing, or
(d) Home Letting and Home Sharing.
# "Tolerable Standard"
This is set by the Housing (Scotland) Act 1987, Section 86. The requirements are set by
the Scottish Parliament and can be varied by the Scottish Government. The standard is
currently:
(a) the House must be structurally stable;
(b) the House must be substantially free from rising or penetrating damp;
(c) the House must have satisfactory provision for natural and artificial lighting, for
ventilation and for heating;
(ca) the House must have satisfactory thermal insulation;
(d) the House must have an adequate piped supply of wholesome water available
within the House;
(e) the House must have a sink provided with a satisfactory supply of both hot and
cold water within the House;
(f) the House must have a water closet or waterless closet available for the
exclusive use of the occupants of the House and suitably located within the
House;
(fa) the House must have a fixed bath or shower and a wash-hand basin, each provided
with a satisfactory supply of both hot and cold water and suitably located within the
House;
(g) the House must have an effective system for the drainage and disposal of foul
and surface water;
(ga) the electricity supply must comply with the relevant requirements in relation to "the
electrical installation" for the purposes of that supply; ("the electrical installation" is the
electrical wiring and associated components and fittings, but excludes equipment and
appliances);
(h) the House must have satisfactory facilities for the cooking of food within the
House;
(i) the House must have satisfactory access to all external doors and outbuildings;
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32 (j) the House must have satisfactory equipment installed for detecting, and for giving warning of, fire or suspected fire; (k) the House must have satisfactory equipment installed for detecting, and for giving warning of, carbon monoxide present in a concentration that is hazardous to health. # “Unique Licence Number” means a unique number which— (a) is assigned to each application or licence, and (b) contains a number or letters which— (i) identifies the Licensing Authority, and (ii) is used in every licence number assigned by the Licensing Authority. Annex B - "Repairing Standard" In the STL Order, one of the "Mandatory Licence Conditions" in Schedule 3 is: "10(2) Where the Premises are subject to the requirements of Chapter 4 of Part 1 of the Housing (Scotland) Act 2006, the Holder of the Licence must ensure that the Premises meet the Repairing Standard." When does this apply? The "Repairing Standard" applies to most STL Accommodation but it does not apply to: - Mobile Homes (Caravans) or - any other living accommodation which is not a building. This is because the "Repairing Standard" only applies to a "House", which is defined by Housing (Scotland) Act 2006, Section 194: "(a) means any living accommodation which is, or which is capable of being, occupied as a separate dwelling (other than a Mobile Home or any other living accommodation which is not a building), and (b) includes— 110
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33 (i) any part of the living accommodation (including its structure and exterior) which is, and any common facilities relating to it which are, owned in common with others, and (ii) any yard, garden, garage, out-house or other area or structure which is, or which is capable of being, occupied or enjoyed together with the living accommodation (solely or in common with others)" What is the "Repairing Standard"? The Housing (Scotland) Act 2006: - requires a Landlord to ensure that the House meets the Repairing Standard at the start of the tenancy - this duty does not depend on the Tenant reporting the issue to the Landlord - the Landlord should have carried out a pre-tenancy inspection before the tenancy started; - requires a Landlord to ensure that the House meets the Repairing Standard at all times during the tenancy - but the 'during the tenancy' duty only applies if either the Tenant notifies the Landlord, or the Landlord otherwise becomes aware, that work is needed to comply with the Repairing Standard. Once the Landlord knows, the necessary work should be done withing a reasonable time; - gives the First-tier Tribunal power to make orders about Landlords (The First-tier Tribunal is a Tribunal which deals with a wide range of statutory systems, and not just housing. The part of the First-tier Tribunal that deals with the landlord duties is called the "Housing and Property Chamber". These duties used to be enforced by the Sheriff Court.) The Landlord's duty to repair and maintain a rented House is set out below: "What are the 'Repairing Standard' duties?". What are the 'Repairing Standard' duties?" The Repairing Standard is defined by Section 13 of the Housing (Scotland) Act 2006. The requirements are set by the Scottish Parliament and can be varied by the Scottish Government. Currently they are: (a) the house is wind and watertight and in all other respects reasonably fit for human habitation (the 2006 Act instructs that regard is to be had to the extent (if any) to which the house, by reason of disrepair or sanitary defects, falls short of the provisions of any Building Regulations), (b) the structure and exterior of the house (including drains, gutters and external pipes) are in a reasonable state of repair and in proper working order, 111
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34 (c) the installations for the supply of water, gas and electricity and for sanitation, space heating and heating water are in a reasonable state of repair and in proper working order, both: - installations in the house, and - installations outwith the house which, directly or indirectly, serve the house and which the owner is responsible for maintaining (solely or in common with others), (d) any fixtures, fittings and appliances provided by the landlord under the tenancy are in a reasonable state of repair and in proper working order, (e) any furnishings provided by the landlord under the tenancy are capable of being used safely for the purpose for which they are designed, (When the Repairing Standard was set, it included Paragraphs (f) and (g), but these were repealed later) (h) the house meets the Tolerable Standard (The Tolerable Standard is a minimum standard for human habitation, and is set by separate legislation). Both Councils and the First-Tier Tribunal have to have regard to Guidance issued by the Scottish Ministers on: (a) the condition of pipes supplying water for human consumption, (b) electrical safety standards in relation to— (i) installations for the supply of electricity, and (ii) electrical fixtures, fittings and appliances, (c) installation of a fixed heating system, (d) equipment for detecting fire and for giving warning of fire or suspected fire, (e) the Tolerable Standard, (f) the type of emergency exit locks to be fitted to common doors in tenements, (g) equipment for detecting, and for giving warning of, carbon monoxide in a concentration that is hazardous to health, (h) the provision for, and safe access to, a food storage area and a food preparation space. Why does the "Repairing Standard" apply to Short-Term Let Accommodation? 112
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35 When the Housing (Scotland) Act 2006 was first enacted, the Repairing Standard did not apply to holiday homes where the Guest's stay did not exceed 31 days - the Landlord's repairing obligations applied to homes where the tenant lived. But the STL Order changed this, so now the 2006 Act has an exception to an exception: "12. Tenancies to which repairing standard duty applies (1) This Chapter applies to any tenancy of a House let for human habitation unless it is— ... (f) a tenancy of a House which does not exceed 31 days where the purpose of the tenancy is to confer on the tenant the right to occupy the House for a holiday unless the tenancy is a Short-Term Let." The final words in (f) were added by the STL Order, which also added to the Housing (Scotland) Act 2006 new sub-sections 12(3) and 12(4): "(3) For the purposes of this Chapter, a Short-Term Let is a type of tenancy (and the terms landlord, let and tenant are to be construed accordingly). (4) In this section, a Short-Term Let has the same meaning as in article 3 of the Civic Government (Scotland) Act 1982 (Licensing of Short-term Lets) Order 2022." So if a "House" is a "Short-Term Let", the “Repairing Standard” duties apply to the "Host". But if the STL Accommodation is a Mobile Home or anything else which is not a building, these duties don't apply. Caravans or Mobile Homes A Caravan or Mobile Home is "Accommodation" so it needs a STL Licence. The significance of the definition of "House" is that, because a Caravan or Mobile Home is not a "House" (as defined), the "Repairing Standard" does not apply. So of the two conditions which apply to STLs generally, only one applies to Caravans or Mobile Homes: "10.—(1) The Holder of the Licence must take all reasonable steps to ensure the Premises are safe for residential use. (2) Where the Premises are subject to the requirements of Chapter 4 of Part 1 of the Housing (Scotland) Act 2006, the Holder of the Licence must ensure that the Premises meet the Repairing Standard." Only Paragraph 10(1) applies to Caravans or Mobile Homes. Annex C - Mandatory Licence Conditions These are set out in Schedule 3 to the STL Order and apply automatically to all STL Licences. 113
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36 1. Agents 1. Only those named as a Holder of the Licence can carry out the day-to-day management of the Short-Term Let of the Premises. 2. Type of licence 2. The Holder of the Licence may only offer the Type of Short-Term Let for which the licence has been granted. Note: “Type of Short-Term Let” This is defined in Paragraph 18 below and means one of the following purposes— (a) Secondary Letting, (b) Home Letting, (c) Home Sharing, or (d) Home Letting and Home Sharing. Further definitions in Paragraph 18: “Secondary Letting” "means a Short-Term Let consisting of the entering into of an agreement for the use of Accommodation which is not, or is not part of, the licence holder’s only or principal home" “Home Letting” "means a Short-Term Let consisting of the entering into of an agreement for the use, while the Host is absent, of Accommodation which is, or is part of, the Host’s only or principal home" “Home Sharing” "means a Short-Term Let consisting of the entering into of an agreement for the use, while the Host is present, of Accommodation which is, or is part of, the Host’s only or principal home" 3. Fire safety 3. The Holder of the Licence must ensure the Premises has satisfactory equipment installed for detecting, and for giving warning of— (a) fire or suspected fire, and (b) the presence of carbon monoxide in a concentration that is hazardous to health. 114
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37 4. [Fire safety - furnishings] The Holder of the Licence must keep records showing that all upholstered furnishings and mattresses within the parts of the Premises which are for Guest use, or to which the Guests are otherwise permitted to have access, comply with the Furniture and Furnishings (Fire Safety) Regulations 1988. 5. Gas safety 5. Where the Premises has a gas supply— (a) the Holder of the Licence must arrange for an annual gas safety inspection of all gas pipes, flues and appliances in the Premises, (b) if, after an annual inspection, any appliance does not meet the required safety standard, the Holder of the Licence must not allow a Short-Term Let of the Premises until the works necessary to bring the appliance to the required safety standard have been carried out. 6. Electrical safety 6. Where there are electrical fittings or items within the parts of the Premises which are for Guest use, or to which the Guests are permitted to have access, the Holder of the Licence must— (a) ensure that any electrical fittings and items are in— (i) a reasonable state of repair, and (ii) proper and safe working order, (b) arrange for an electrical safety inspection to be carried out by a Competent person at least every five years or more frequently if directed by the Competent person, (c) ensure that, following an electrical safety inspection, the Competent person produces an Electrical Installation Condition Report on any fixed installations, (d) arrange for a Competent person to— (i) produce a Portable Appliance Testing Report on moveable appliances to which a Guest has access, and (ii) date label and sign all moveable appliances which have been inspected. 115
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38 7. [meaning of "Competent"] In determining who is Competent, the Holder of the Licence must have regard to guidance issued by the Scottish Ministers under section 19B(4) of the Housing (Scotland) Act 2006. 8. Water safety: private water supplies 8. Where the Premises are served by a private water supply, the licence holder must comply with the requirements on the owners of private dwellings set out in the Water Intended for Human Consumption (Private Supplies) (Scotland) Regulations 2017. 9. Water safety: legionella 9. The Holder of the Licence must assess the risk from exposure to legionella within the Premises, whether or not the Premises are served by a private water supply. 10. Safety & repair standards 10.—(1) The Holder of the Licence must take all reasonable steps to ensure the Premises are safe for residential use. (2) Where the Premises are subject to the requirements of Chapter 4 of Part 1 of the Housing (Scotland) Act 2006, the Holder of the Licence must ensure that the Premises meet the Repairing Standard. 11. Maximum Occupancy 11. The licence holder must ensure that the number of Guests residing on the Premises does not exceed the number specified in the licence. 12. Information to be displayed 12. The Holder of the Licence must make the following information available within the Premises in a place where it is accessible to all Guests— (a) a certified copy of the licence and the licence conditions, (b) fire, gas and electrical safety information, (c) details of how to summon the assistance of emergency services, (d) a copy of the Gas Safety Report, (e) a copy of the Electrical Installation Condition Report, and (f) a copy of the Portable Appliance Testing Report. 116
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39
Note: in addition to the Mandatory Conditions which apply throughout
Scotland, in North Ayrshire there is an additional condition: the Host must
give Guests information about waste disposal etc.. See Part 10 ("What
conditions does a STL Licence have?", Section (b) "Standard Conditions",
heading "The first exception".
13. Planning Permission
13. Where the Premises is in a Short-Term Let control area for the purposes of section 26B
of the Town and Country Planning (Scotland) Act 1997(24) (“the 1997 Act”), the Holder of the
Licence must, where the use of the Premises for a Short-Term Let requires Planning
Permission under the 1997 Act, ensure that either—
(a) an application has been made for Planning Permission under the 1997 Act and
has not yet been determined, or
(b) Planning Permission under the 1997 Act is in force.
14. Listings
14.—(1) The Holder of the Licence must ensure that any listing or advert (whether electronic
or otherwise) for the Short-Term Let of the Premises includes—
(a) the licence number, and
(b) a valid Energy Performance Certificate rating if an Energy Performance
Certificate is required for the Premises, in accordance with the Energy
Performance of Buildings (Scotland) Regulations 2008.
(2) The Holder of the Licence must ensure that any listing or advert (whether electronic or
otherwise) for the Short-Term Let of the Premises is consistent with the terms of the ShortTerm
Let Licence.
15. Insurance
15. The Holder of the Licence must ensure that there is in place for the Premises—
(a) valid buildings insurance for the duration of the licence, and
(b) valid public liability insurance for the duration of each Short-Term Let
agreement.
16. Payment of fees
16. The Holder of the Licence must pay any fees due to the Licensing Authority in respect of
the licence on demand.
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40 17. False or misleading information 17. The Holder of the Licence must not provide any false or misleading information to the Licensing Authority. 18. Interpretation 18. In this Schedule— # “Electrical Installation Condition Report” means a report containing the following information— (a) the date on which the inspection was carried out, (b) the address of the Premises inspected, (c) the name, address and relevant qualifications of the person who carried out the inspection, (d) a description, and the location, of each installation, fixture, fitting and appliance inspected, (e) any defect identified, (f) any action taken to remedy a defect, # “Energy Performance Certificate” means a certificate which complies with regulation 6 of the Energy Performance of Buildings (Scotland) Regulations 2008, # “Gas Safety Report” means a report containing the following information— (a) the date on which the appliance or flue was checked, (b) the address of the Premises at which the appliance or flue is installed, (c) a description of and the location of each appliance or flue checked, (d) any safety defect identified, (e) any remedial action taken, (f) confirmation that the check undertaken complies with the requirements of an examination of— 118
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41 (i) the effectiveness of any flue, (ii) the supply of combustion air, (iii) subject to head (iv), its operating pressure or heat input or, where necessary, both, (iv) if it is not reasonably practicable to examine its operating pressure or heat input (or, where necessary, both), its combustion performance, (v) its operation so as to ensure its safe functioning, (g) the name and signature of the individual carrying out the check, and (h) the registration number with which that individual, or that individual’s employer, is registered with a body approved by the Health and Safety Executive for the purposes of regulation 3(3) of the Gas Safety (Installation and Use) Regulations 1998, # “Holder of the Licence” means any person to whom a Short-Term Let Licence has been granted or jointly granted, # “Home Letting” means a Short-Term Let consisting of the entering into of an agreement for the use, while the Host is absent, of Accommodation which is, or is part of, the Host’s only or principal home, # “Home Sharing” means a Short-Term Let consisting of the entering into of an agreement for the use, while the Host is present, of Accommodation which is, or is part of, the Host’s only or principal home, # “Premises” means the Accommodation which is the subject of an application for a Short-Term Licence or the subject of a Short-Term Licence, # “Repairing Standard” means the steps which the Holder of the Licence is required to take to comply with the obligations placed on the holder by Chapter 4 of Part 1 of the Housing (Scotland) Act 2006, # “Secondary Letting” means a Short-Term Let consisting of the entering into of an agreement for the use of Accommodation which is not, or is not part of, the licence holder’s only or principal home, 119
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42 # “Short-Term Let” has the same meaning as in article 3 of the Civic Government (Scotland) Act 1982 (Licensing of Short-Term Lets) Order 2022, # “Short-Term Let Licence” means a licence for a Short-Term Let, and # “Type of Short-Term Let” means one of the following purposes— (a) Secondary Letting, (b) Home Letting, (c) Home Sharing, or (d) Home Letting and Home Sharing. Annex D - Licence Duration The length of a STL Licence might be different at the Grant stage from the Renewal stage. The Expiry Date of the Grant depends on whether the Host is an "Existing Host" or a "New Host". Once the Licence has been granted by the Council, it will not matter whether the Host would previously have qualified as an "Existing Host" or was only a "New Host". 1. Grant - Existing Host If we grant a STL Licence to an Existing Host, the Licence will be granted for approximately 3 years. The exact duration varies from one case to the next, because the Council grant Licences set to expire on the last day of the month preceding the anniversary of the grant. Before the Council-granted Licence takes effect, the Existing Host is likely to have had 'Deemed Licence' (automatically granted under the Transitional Provisions in the STL Order). 120
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43 2. Grant - New Host If we grant a STL Licence to a New Host, the Licence will be granted for approximately 3 years. The exact duration varies from one case to the next, because the Council grant Licences set to expire on the last day of the month preceding the anniversary of the grant. For example (in either case - "Existing Host" or "New Host"): if the Council grant a Licence on 20 June 2023, it will have an Expiry Date of 31 May 2026. A Host wanting to renew the Licence after that should apply before that date in 2026. If that is done the Licence granted in 2023 automatically stays in force, even after 31 May 2026, for as long as the Council take to make a decision on the renewal application. 3. Renewal Once granted (whether the Host was an "Existing Host" or a "New Host"), the default position is that the Licence will be renewed without limit of time. However, if the Council receive any one or more of: (a) an adverse consultation response (a comment from the Police, Scottish Fire and Rescue, or a Council Department which is unfavourable to the Application) (b) an objection or (c) an adverse representation the case will be referred to the Licensing Committee, and they will start from the position that, if renewed, the Licence should be renewed only for fixed period not exceeding 3 years. If the Committee renew for a fixed period, the new duration will follow the previous Expiry Date. For example: In the example above (of a grant decision on 20 June 2023 and an Expiry Date of 31 May 2026): - the Licence would have expired on 31 May 2026 had there been no renewal application, but - it will have been kept in force by the Licence-Holder lodging a renewal application. If the case was then referred to the Licensing Committee, and the Committee renewed the Licence for a fixed period of 3 years, the new Expiry Date would be 31 May 2029. 4. Actions during the currency of the Licence 121
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44 As with any Licence under the 1982 Act, the Council have powers during the currency of the Licence. These are set out at Paragraphs 10, 11 and 12 of the 1982 Act, Schedule 1. - Variation (Paragraph 10) - Ordinary Suspension or Revocation (Paragraph 11) - Emergency Suspension (Paragraph 12) If they uphold a complaint, the Licensing Committee might order both: - Variation (Paragraph 10) - Ordinary Suspension (Paragraph 11) For example: - they might suspend a Licence for a period, and/or - they might vary a Licence (e.g. reducing a fixed duration or applying a fixed duration to a Licence that had previously been renewed without limit of time, or varying the Maximum Occupancy, or the permitted "Type of Short-Term Let"). 5. Leap Years If an Expiry Date is 29 February and the Committee renew for, or vary a Licence to, a fixed duration, so that the Licence now expires in February in a year that is not a Leap Year, the Expiry Date is 28 February (Licences always expire on the last day of the month). For example, if a Licence would otherwise have expired on 29 February 2028 but the Committee limit the duration to two (2) years, the Expiry Date is 28 February 2030. 6. Why are renewals granted without limit of time? (a) The rule for other 1982 Act Licences The STL system is implemented as an add-on to the Civic Government (Scotland) Act 1982, but with variations. Usually 1982 Act Licences have a maximum duration of 3 years, and must then be renewed, again with a maximum duration of 3 years, as the 1982 Act, Schedule 1, Paragraph 8(2) is: "8(2) Subject to the provisions of this Paragraph, a licence shall have effect— (a) for a period of three years from the date when it comes into force; or 122
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45
(b) for such shorter period as the licensing authority may decide at the time when
they grant or renew the licence."
(b) The STL RENEWAL rule
However, the STL Order extends this (but only for renewals, not grants) by adding to the 1982
Act's (a) and (b):
"(c) for such longer period as the Licensing Authority may decide at the time when they
renew a Short-Term Let Licence.” (The Civic Government (Scotland) Act 1982
(Licensing of Short-Term Lets) Order 2022 No. 32, Schedule 2, Paragraph 10,
emphasis added)
North Ayrshire Council's policy is to renew all STL Licences (regardless of the “Type of Short-
Term Let”) with a duration 'without limit of time', for the following reasons.
(c) The Provision of Services Regulations
A licence granted by the Council is an "Authorisation" under the Provision of Services
Regulations 2009 (S.I. 2009-2999).
Regulation 16 ("Duration of authorisation") is:
"16.—(1) An authorisation granted to the provider of a service by a competent authority
under an authorisation scheme must be for an indefinite period, except where—
(a) the authorisation—
(i) is automatically renewed, or
(ii) is subject only to the continued fulfilment of requirements,
(b) the number of available authorisations is limited by an overriding reason
relating to the public interest, or
(c) a limited authorisation period can be justified by an overriding reason
relating to the public interest.
...
(4) This regulation does not prevent revocation or suspension of an authorisation when
the conditions for authorisation are no longer met."” (emphasis added)
In Regulation 16(1), only (a) applies -
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46 (b) cannot apply since we must make available as many Licences as there are STL properties. (c) cannot apply as there is no overriding reason - the Scottish Parliament, by enacting (c), have accepted that STL Licences might last much more than 3 years In (a), the phrase "is subject only to the continued fulfilment of requirements" does not apply either: Although STL Licences - like most Licences - are subject to Conditions requiring the Licence- Holder to do things repeatedly, the Licence itself does not itself automatically cease if the Licence-Holder fails to do whatever is required. Instead, the Licence can be reviewed by the Licensing Committee. This is the action referred to in Regulation 16(4). They might decide to revoke it, but they might also decide: - to suspend the Licence, - to issue an Enforcement Notice requiring the Licence-Holder to take specified remedial action - to do nothing. In all these situations, the Licence continues. Many cases of breach of conditions may not even reach the Licensing Committee, because Council officers will have explained to the Host what they need to do, and they've done it. (d) "Period" In the 1982 Act, sub-paragraph (c) uses the word "period", which suggests that the Licensing Authority should fix the length of the renewal (e.g. a period of X years, as opposed to saying 'without limit of time'). This is not the effect: Sub-Paragraphs (a) and (b): - were part of the original 1982 Act, which is Primary legislation made by the United Kingdom Parliament, and - the 1982 Act was passed before the Provision of Services Regulations 2009, but Sub-paragraph (c): - is only the result of Secondary Legislation made by Scottish Ministers, and - was made after the Provision of Services Regulations 2009 so must be read with them in the background (see below "EU-derived legislation continues to apply post-BREXIT"). So (a) and (b) prevail over the Provision of Services Regulations 2009, but (c) does not. 124
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47
The Council have had regard to the Scottish Government Guidance on this point, but have
taken the view that a presumption in favour of indefinite duration, with the possibility of the
Licensing Authority intervening on a case-by-case basis, is more consistent with the Provision
of Services Regulations 2009.
In any case, if NAC fixed a period of, say, 200 years, this would be tantamount to saying
'without limit of time': given the Council's risk-based approach and the possibility that Licences
can be reviewed if the Council believe that the Licence Conditions have been breached, there
is no reason not to apply the 'without limit of time' model.
(e) EU-derived legislation continues to apply post-BREXIT
Although the Provision of Services Regulations 2009 originated with the European Union
"Services Directive", they were made by the United Kingdom Government and applied the
Directive in the United Kingdom by amending domestic Law. They remain Law in the U.K. and
are substantially unchanged by the BREXIT-related amendments that came into force on 31
December 2020.
The Regulations are "EU-derived domestic legislation" as defined by European Union
(Withdrawal) Act 2018, Section 1B.
Sub-section 1B(2) is:
"EU-derived domestic legislation, as it has effect in domestic law immediately before exit
day, continues to have effect in domestic law on and after Exit Day, subject as follows."
("Exit Day" means 31 January 2020 - Section 20)
The phrase "subject as follows" refers to a list of legislation. This list does not include the STL
Order.
Section 1B(2) reflects the view referred to as "The supremacy of EU law" - see:
- European Communities Act 1972, Section 2(1), and
- Report of the "Select Committee on the Constitution" of the House of Lords prepared
when the United Kingdom Parliament considered the Bill which became the European
Union (Withdrawal) Act 2018 (Chapter 5: "The 'supremacy principle' "):
https://publications.parliament.uk/pa/ld201719/ldselect/ldconst/69/6908.htm
7. NAC Policy Statement
The STL Order goes on to say
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48 “(2A) A Licensing Authority may decide to renew a Short-Term Let Licence for such longer period under sub-Paragraph (2)(c)— (a)in respect of different licences, or different types of licence, (b)otherwise for different purposes, circumstances or cases. (2B) A Licensing Authority must publish, in such manner as they think appropriate, the circumstances (if any) in which they will renew a licence for such longer period under sub-Paragraph (2)(c).” (emphasis added) NAC take a risk-based approach to STL regulation. Once a person has held a Licence for 3 years, the NAC expect to be able to judge whether or not the renewal should be time-limited. The model of 'infinite duration with the possibility of review' is already the case for alcohol Premises Licences under the Licensing (Scotland) Act 2005, Section 28 (licences for public houses, restaurants, nightclubs and off-sales shops etc.). This replaced the system based on the Licensing (Scotland) Act 1976, whereby Licences lasted 3 years at a time and the Licence- Holder had to apply to the Licensing Board for renewal again and again. Under the 2005 Act, once the Premises Licence has been granted, the Premises may well never come before the Licensing Board again. If there is cause (for example, a "Review Application" under Section 36 - making a complaint) then - if the Board uphold the complaint - they can revoke, suspend or vary the Premises Licence (Section 39). North Ayrshire Council's policy is to renew all STL Licences (regardless of the defined “Type of Short-Term Let”) with a duration 'without limit of time'. 8. If the Licence-Holder dies The STL licence will automatically be deemed to have been granted to the Executor and will remain in force for a period of 3 months from the date of death, unless previously suspended or revoked. If we are satisfied that it is necessary for the purpose of winding up the estate, the Executor can send us a written request to extend that period further. The period of 3 months in the case of the death of the licence-holder is prescribed by statute. The Council cannot change it. 1982 Act, Schedule 1, Paragraph 8(3) is: "In the event of the death of a Holder of a Licence ... that Licence shall be deemed to have been Granted to his executor and shall, unless previously revoked, Suspended or surrendered, remain in force until the end of the period of 3 months beginning with the death and shall then expire; but the Licensing Authority may from time to time, on the Application of the executor, extend or further extend that period if they are satisfied that the extension is necessary for the purpose of winding up the deceased’s estate and that no other circumstances make it undesirable." 126
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49 It is not open to the Council to extend the period of 3 months except on a case-by-case basis. The Council are not legally entitled to determine succession rights and members of the public should contact the Sheriff Clerk at Kilmarnock Sheriff Court: Sheriff Court House, St Marnock Street, Kilmarnock, KA1 1ED Telephone 01563 550024 Email: kilmarnock@scotcourts.gov.uk The website of "Scottish Courts and Tribunals" has general advice: "Dealing With a Deceased’s Estate in Scotland" at: https://www.scotcourts.gov.uk/taking-action/dealing-with-a-deceased%27s-estate- inscotland Note that this is general advice and is not tailored to the particular circumstances of a case. The Licensing Authority are not able to give advice on the law of succession. Annex E - Enforcement Breach of a licence condition can be enforced by: (1) Prosecution by the Police charging and reporting to the Procurator Fiscal (breach of a Licence Condition is a criminal offence subject to a fine of up to £1,000 (1982 Act, Section 7(2)); (2) Revocation or Suspension of the Licence by the Council (by revoking or suspending your STL Licence: The Council would be able to take action immediately, and would not have to wait until the conclusion of any criminal proceedings: 1982 Act, Schedule 1, Paragraph 11, especially Paras. 11(2)(d) and 11(3)); If the Council consider that the licensed activity is causing or is likely to cause a serious threat to public order or public safety then they may impose an immediate 6-week 'emergency suspension' without a Hearing or prior notice to the Licence Holder, pending a Hearing. The authority to order an 'emergency suspension' had been delegated by the Council to the Clerk to the Licensing Committee, who will exercise that authority after consultation with the Convenor of the Licensing Committee (Paragraph 12); Persistent and/or serious breaches of Licence conditions are likely to lead to Revocation or Suspension; 127
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50
(3) Variation of the Licence
A Licensing Authority may, at any time, whether or not upon an application made to them
by the Holder of the Licence, vary the terms of any 1982 Act Licence on any grounds
they think fit. Before doing so the Licensing Authority must, at least 7 days before the
proposed variation is to be considered, notify:
- The Holder of the Licence
- Police
- Scottish Fire and Rescue Service (SFRS)
of the proposed variation give them all an opportunity to be heard by the Authority on
that day (1982 Act, Schedule 1, Paragraph 10).
An example of a proposed variation might be to reduce the Maximum Occupancy of the
Premises. One of the Mandatory Conditions is
"11. Maximum Occupancy
The licence holder must ensure that the number of Guests residing on the
Premises does not exceed the number specified in the licence." (STL Order,
Schedule 3, Paragraph 11)
The Licensing Committee might get representations from SFRS or NAC Departments
recommending that this be reduced on safety grounds.
Another possible variation would be where it was suggested that Premises which were
already licensed as one "Type of Short-Term Let" were not suitable for that Type, and
that the Licence should be varied to another Type.
If the variation was agreed to, it would not come into force for at least the 28-day period
available for an appeal to the Sheriff Court, so an existing STL would continue to be
lawful, with the previous Maximum Occupancy (the Guest would not be evicted
immediately) but the Guest (or Guests beyond the previous Maximum Occupancy) could
not remain beyond 28 days unless there was an appeal pending in the Sheriff Court
(Paragraph 10(5)), as otherwise there would be a breach of the relevant Mandatory
Conditions:
Condition 2 ("Type of licence")
Condition 11 ("Maximum Occupancy")
(4) "Enforcement Notice" served on the Licence-Holder
If the Licensing Authority consider that any condition included in a Short-Term Let
Licence has been, or is likely to be, breached (regardless of whether the Licensing
Authority have taken any other action, or of whether criminal proceedings have been
commenced, in respect of that breach, they may serve an “Enforcement Notice” on the
holder of the STL Licence. An Enforcement Notice must specify—
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51 (a) the matters constituting the breach or likely breach, (b) the action to be taken by the licence holder which the Licensing Authority considers necessary for the purposes of rectifying or, as the case may be, preventing the breach, (c) the date by which the action must be taken. A condition of an Enforcement Notice is itself deemed to be a condition of a Licence, so failure to comply may lead to prosecution or revocation or suspension of the STL Licence. (See 1982 Act, Schedule 1, Paragraph 10A(2), as added by STL Order, Schedule 2, Paragraph 11) Annex F - Better Regulation The Law The licensing process will involve input from officers across the Council, such as Planning, Housing and Protective Services, and also input from the Police and Scottish Fire and Rescue. We will adopt a risk-based approach to identify problematic properties and to concentrate the regulatory process on them, using our best endeavours to minimise the burden on the majority of those engaged in Short-Term Letting. We cannot eliminate burdens completely, as the legislation approved by the Scottish Parliament sets minimum standards which all operators must meet, but the Council are also regulators who are legally-obliged to observe the Regulatory Reform (Scotland) Act 2014, Section 4(1): "In exercising its regulatory functions, each regulator must contribute to achieving sustainable economic growth, except to the extent that it would be inconsistent with the exercise of those functions to do so." The "Code of Practice" Regulators must have regard to the "Code of Practice" published by Scottish Ministers. This is at: https://www.gov.scot/binaries/content/documents/govscot/publications/agreement/201 5/01/scottish-regulators-strategic-code-of-practice/documents/scottish- regulatorsstrategic-code-practice-pdf/scottish-regulators-strategic-code-practice- pdf/govscot%3Adocument/Scottish%2Bregulators%2527%2Bstrategic%2Bcode%2Bof %2Bpractice.pdf The "Better Regulation Principles" Councils must have regard to the "Better Regulation Principles": regulatory functions should be exercised in a way that is: 129
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52 - transparent - accountable - proportionate - consistent and - targeted only where necessary However, the application of these Principles must give way to any statute requiring things to be done. How the Council will apply the Principles We will endeavour to apply the new Licensing consistently with the Principles, but there are limits to what we can legally do. To take a few passages from the Code of Practice: "2. Regulators should ... Adopt risk and evidence based protocols which help target action where it’s needed and help to ensure the achievement of measurable outcomes." "3. Regulators should be enablers and carry out their activities in a way that helps businesses and regulated bodies to comply and also grow sustainably. Regulators should: - Deliver an efficient, effective and timely service and minimise business compliance costs, where possible, by reducing unnecessary bureaucracy and delays. - Help those they regulate to design simple and cost-effective compliance solutions to improve confidence and day to day management control. - Work collaboratively with other regulators and those they regulate to anticipate, generally, and to understand and address compliance challenges associated with strategic innovations or growth plans." Taking those recommendations in turn: 1. We hope to achieve a simple and quick system whereby an operator will simply complete a Licence Application and, after a period of weeks for the necessary consultation with internal and external agencies, the Council will grant the Licence under Delegated Powers, with few cases being referred to a Hearing of the Licensing Committee; 2. Our website will contain information and advice, and officers both in the Licensing Section and across the Council will always be on hand to discuss cases with operators; 3. We will adopt procedures whereby the various agencies involved collaborate, share information and seek to avoid unnecessary duplication. 130
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53 There are two regulatory systems covering Short-Term Lets: 1. the Planning legislation was amended to allow local Councils to decide whether or not Short-Term Let properties required Planning Permission. North Ayrshire Council do not currently propose to apply that legislation, so STL Operators will not have to pay for Planning Permission. 2. However the new Licensing rules are different: they were imposed nationally, and local Councils have not been given a choice, and so the scope for North Ayrshire Council to lessen the burden placed on STL operators is limited. Annex G - Existing Hosts The STL Order contains "Transitional Provisions" for existing Hosts (STL Order, Article 7) which mean that if you apply for a STL Licence: - on or after 1 October 2022, and - before 1 April 2023 you can continue to operate a STL, even though you are not yet licensed. A "Transitional Provisions" arrangement is common when a new Licensing system is introduced, and is here referred to as a "Deemed Licence" (it's not really a 'Licence', but the Law grants Existing Operators temporary immunity from prosecution, which would otherwise be the normal result of operating without a Council Licence). The Deemed Licence continues until: (a) the date the Council grant the Licence Application, or (b) if the Council decide to refuse the Application, for 28 days after that. If the Council refuse and the Host appeals to the Sheriff, the Deemed Licence continues until the Sheriff makes a decision. Licence Processing period The Law requires the Council to make a decision on a STL Licence application (to grant or to refuse) within a set period counted from the date that the Application was lodged. The period depends on whether the Applicant is a 'New Host' or 'Existing Host': - New Hosts: 9 months - Existing Hosts: 12 months The Law is 1982 Act, Section 3(1), as amended for Existing Hosts by the STL Order, Article 7(2)). 131
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54
Assistance for Existing Hosts
Since it is possible that the Council may take several weeks or months to process Applications,
but in appreciation of the fact that Existing Hosts may want an official document to show
tenants, the Council are adopting a procedure to assist Existing Hosts who have applied for a
STL Licence in the period 1 October 2022 to 31 March 2023 (both dates inclusive): see
"Council Confirmation" below.
Even if the Host has applied for a Licence shortly after 1 October 2022 we cannot guarantee
to grant Licences by the time bookings start in 2023. This is because there is always the
possibility of Objections, Representations or adverse consultation responses by any of:
- Police
- Scottish Fire and Rescue Service (SFRS)
- NAC Departments
- Members of the public
If we have one or more Objections, Representations or Consultation responses which we
consider to be adverse to your Application, your case must be referred to the Licensing
Committee (as it is now outside "Delegated Powers"). The Licensing Committee might not
make a decision in your case before the date the booking starts.
NAC Confirmation
Existing Hosts may wish to ask the Council to issue written confirmation from the Council that
the STL Licence applied for is likely to be granted. These Hosts can request Confirmation:
- by written request sent
- no earlier than 56 days after the date the Council received the application.
The Council will send the Host an email in the form set out in Annex H ("Council Confirmation
of Application by Existing Host") but only in the circumstances set out in the note to the form.
Annex H - NAC Confirmation for Existing Hosts
Note: do not use the form here. Instead, if you want to
request Confirmation, follow the procedures set out on the
Council website. The reason for us saying this is that the
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55 form which was prepared for the Licensing Policy Statement consultation (and is Annex H) was drafted in August 2022. It was re-drafted and revised later, so by the time that the LPS was considered by the Licensing Committee on Monday 26 September 2022 a newer version was available. The newest version will be on our website. Council Confirmation of Application by Existing Host Civic Government (Scotland) Act 1982 (Licensing of ShortTerm Lets) Order 2022 This Confirmation will only be issued in the circumstances set out in the note. Licence Number: [NAC ref] Host: [name] Accommodation address: [address & postcode] “Type of Short-Term Let” applied for [one of the following: ] (a) Secondary Letting, (b) Home Letting, (c) Home Sharing, or (d) Home Letting and Home Sharing. Maximum Occupancy requested: [Number of Guests] Date Application lodged with the Council: [date] North Ayrshire Council, the Licensing Authority for the purposes of the Civic Government (Scotland) Act 1982 (Licensing of Short-Term Lets) Order 2022 confirm: - that the Host has applied for a Short-Term Let Licence for the above Accommodation; - that that Application was received by the Council no later than 31 March 2023; 133
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56 - that the Council accept that the Transitional Provisions in the Article 7 of the Order apply; - that the Consultation process for that Application (including any inspection of the Accommodation, if the Council deem this appropriate) has been completed by the return to the Licensing Authority of responses from the Police, Scottish Fire and Rescue and all Council consultees; - that there are no objections or adverse representations made by any of the members of the public within the period prescribed by the Civic Government (Scotland) Act 1982, Schedule 1, Paragraph 2; - that there are no responses to 'reasonable enquiries' which are adverse to the Application under Paragraph 4 of that Schedule; - that the Licence applied for: - is likely to be granted for the “Type of Short-Term Let” applied for and for the "Maximum Occupancy" requested; - will expire on 31 March 2026 - If the Host applies on or before then to renew the Licence, the Licence will continue after that date until the Council have made a decision on the renewal application; - can be later revoked, suspended or varied by the Council under Paragraphs 10 to 12 of that Schedule. pp Raymond Lynch Clerk to the Licensing Committee North Ayrshire Council Note This confirmation will only be issued if all of these conditions apply: 1. the Licence Applicant is an Existing Host (not a New Host); 2. the Host has applied for a STL Licence for the Accommodation no later than 31 March 2023; 3. at least 56 days have passed since the Host applied; 4. there is no outstanding request by the Council for information or documents from the Host; and 5. either: 134
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- the Council have decided that an inspection of the Accommodation is not
appropriate, or
- such an inspection was carried out no less than 14 days before the date of the
request for confirmation.
and only:
- after the period allowed for consultation, objections and representations (usually 28
days counted from the date the Council received the Host’s Application) has expired;
and
- it is 'clear' – there are no:
(a) adverse consultation responses ('adverse' means unfavourable to the
application),
(b) objections, and/or
(c) adverse representations.
If there are any of (a), (b) and/or (c) then this Confirmation will not be issued. The Confirmation
will not be issued if the Council consider that an inspection of the Premises is appropriate but
that inspection has not been carried out, or at least 14 days have passed since that inspection.
Annex I - Planning legislation
(a) The present position
The operation of a Short-Term Let is also covered by the Planning legislation. This is separate
from the Licensing legislation and the NAC Licensing Committee have no powers to grant
Planning Permission.
Councils have been given the ability to choose whether or not the owners of STL properties
have to apply for Planning Permission, by designating a "Short-term Let Control Area"
(STLCA). NAC at present have no plans to make a designation
Owners of STL property should:
- take independent advice on whether or not they need Planning Permission, or
- ask NAC's Development Management Department
NAC's Development Management Department has a webpage "Do I need planning
permission?" at:
https://www.north-ayrshire.gov.uk/planning-and-building-standards/do-i-need-
planningpermission.aspx
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58 and their email for general inquiries is: eplanning@north-ayrshire.gov.uk (b) Short-term Let Control Areas Under The Town and Country Planning (Short-term Let Control Areas) (Scotland) Regulations 2021 the Planning Authority can introduce "Short-term Let Control Areas" (STLCAs) which would require any change of use of Premises to obtain Planning Permission. In addition, STLCAs would require all STL licence applications, for any of the four types of licences to have Planning Permission (where required) before applying for a STL Licence. At present there are no Short-term Let Control Areas in place in North Ayrshire. (c) If a STLCA is designated after your STL Licence is granted If the position changes, and Premises are in a STLCA (even if designated after your STL Licence was granted or last renewed) then a Mandatory Condition of the STL licence will apply: "13. Planning Permission Where the Premises is in a Short-Term Let control area for the purposes of section 26B of the Town and Country Planning (Scotland) Act 1997(24) (“the 1997 Act”), the Holder of the Licence must, where the use of the Premises for a Short-Term Let requires Planning Permission under the 1997 Act, ensure that either— (a) an application has been made for Planning Permission under the 1997 Act and has not yet been determined, or (b) Planning Permission under the 1997 Act is in force." (STL Order, Schedule 3, Paragraph 13) This means that if a STLCA is introduced during the period of your STL Licence, even if Planning Permission was not initially required at the time that you applied for and were granted a STL Licence, you would have to apply for either: - Planning Permission or - a "Certificate of Lawfulness of Use or Development” If: - you did not apply for one of these, or - you continued operating your STL once Permission or a Certificate had been refused, 136
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59 you would be in breach of a licence condition and enforcement action may be taken, both by the Police and Council (see Section "Enforcement"). Under the STL Order, a preliminary ground for a Council refusing to consider a STL licence application is that the use of the Premises for a STL would constitute a "Breach of Planning Control" under the Town and Country Planning (Scotland) Act 1997, Section 123(1). The action described is: - to refuse to consider the Application, as opposed to - to decide to refuse the Licence. The Licensing Authority are entitled to reject an Application at an early stage, without processing it fully, in much the same way as they would reject an Application which was unsigned, incomplete or lacked the appropriate fee. Annex J - Fees The fee for a STL licence depends on (1) the type of STL licence being applied for and (2) the maximum number of Guests being applied for (3) whether the Application is for grant or renewal The level of fees charged in the Financial Year 1 April 2022 to 31 March 2023 is shown below. The Council's charges of all sorts, including licensing fees, are revised each year shortly before the start of the Financial Year usually in line with the Consumer Prices Index published by the Office of National Statistics. The fee is assessed on the basis of the Application If the Council: - refuse the Application (whether for Grant, Renewal or Variation of the Licence, or for Consent to a Material Change), - grant it for less than was applied for (such as a different "Type" or a lower Maximum Capacity), or - later vary the licence so that it is less than was granted (such as a different "Type", setting a lower Maximum Capacity, or removing 'without limit of time' status from a Licence previously renewed), 137
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60 the fee is not refunded in whole or in part, and is not credited against future fees, with one exception. Exception: 'Recurring Fee' The exception arises in the case of renewal: If the Licence-Holder has requested renewal without limit of time (and has accordingly paid the 'Recurring Fee' in addition to the 'renewal fee'), but the Council either: - refuse the renewal or - grant it but only for a fixed period, then the Council will refund or credit the Recurring Fee, but the Application Fee for the renewal will not be refunded, reduced or credited. Transfer of the Premises If the Host sells the Accommodation during the currency of the Licence, and the new owner wishes to continue operating the Accommodation as a STL, the Host (seller) will apply for a Variation of the licence, inviting the Council to substitute the buyer as the Host. (a) If the Council grant the Variation application: the Licence continues, with the only change being that the buyer is now shown as the Host. (b) If the Council refuse the Variation application: the Licence stops 28 days after the Council's decision (subject to appeal to the Sheriff by the seller - the current Host, not the buyer). If there is no appeal then the Licence ceases as the Licence-Holder no longer has a right to occupy the Premises (having sold them). The new owner will have to apply for a new Grant of a Licence. The new owner will be entitled to continue operating the STL while the new Application is pending, but must stop: - if the Application is refused (subject to appeal to the Sheriff) or - if the Application is rejected on a preliminary basis because it involves a "Breach of Planning Control" (for example, if the area where the Premises have been designated as a "Short-Term Let Control Area" under the Planning legislation, the Licensing Authority may reject a STL Application if it lacks both Planning Permission and a Certificate of Lawful Use. If the Host later obtains one or other, the Host may re-apply) 138
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61 Table of Fees 1. Grant Fees Maximum Occupancy applied for (4 or under) Maximum Occupancy applied for (5 or more) Secondary Letting £250 £400 Home Letting or Home Sharing (or both) £125 £200 2. Renewal and Recurring Fees Maximum Occupancy applied for (4 or under) Maximum Occupancy applied for (5 or more) Secondary Letting £200 £350 Home Letting or Home Sharing (or both) £100 £175 Renewals which are granted without limit of time also have "Recurring Fees" (see below). Renewals which are granted for fixed period do not. 3. Other fees These fees do not depend on either the Maximum Occupancy or the Type of STL. Variation Application (1982 Act, Schedule 1, Paragraph 10) - £58 Application for Consent for a material change (1982 Act, Schedule 1, Paragraph 9(2)) (called in NAC "Amendment") - £35 Temporary Exemption Application (6-week exemption) (1982 Act, Schedule 1, Paragraph 1A) – 75% of the fee that would be due if there was an application for a Licence rather than a Temporary Exemption (if 75% does not give a figure in whole pounds, the fee is roundeddown to the nearest whole pound). There is only one situation where the Council can grant a Temporary Exemption (see Part 16 "NAC Policy on Temporary Exemptions"). 4. Recurring Fees Article 15(3) of STL Order is: “15(3) A licensing authority may provide for annual or other recurring fees.” If a Licence is renewed indefinitely, it will be on condition that the Licence-Holder pays the Licensing Authority a recurring fee for each ten (10) year period, in advance. The first 10year 139
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62 payment is due when the Host lodges the Renewal Application. The amount of a recurring fee is equal to the Renewal Fee which would be due applicable on the assumption that the Renewal Application was lodged on the Expiry Date of the Licence. Future Recurring Fees are due on the 10th, 20th, 30th anniversaries of the Expiry Date, and their amounts are determined by the Renewal Fee which would otherwise be charged on the relevant anniversary. Example A Licence was granted on 15 June 2023, with a 3-year Duration and an Expiry Date of 31 May 2026. The Licence-Holder applies to the Council in 2026 for renewal and this is granted 'without limit of time'. The Licence-Holder will pay in 2026: (a) the 'Renewal fee' shown in the Table above, and (b) the 'Recurring Fee' of the same amount as the 'Renewal Fee'. If the Council agree to renew the Licence 'without limit of time', the Host does not have to apply again for Renewal, but every ten years will have to pay a 'Recurring Fee'. The next 'Recurring Fee' will be due on 31 May 2036 and the amount due will equal the renewal Fee that would be charged if someone was applying for Renewal on that date. If the Premises are sold during the ten-year period, it will be for the buyer and seller to agree between themselves if and how the recurring fee should be apportioned between them. The Council are not involved in this. The Recurring Fee will not be refunded in whole or in part, and cannot be credited against other money due to the Council, if the Premises: - later cease to be used as a STL or - later become exempt from needing a STL Licence (for example, because they are later occupied by a relative of the Host, or they later become subject to an 'Excluded Tenancy'). Annex K - What documents do I need? We will refuse to accept an application to grant or renew a licence if: - the application form is not completed - the application form is not signed by everyone who is to appear as a Licence- Holder (all the Joint Holders, including the Day-to-day Manager) 140
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63 - the form does not have all the supporting documentation described below, or - you have not paid the fee set by NAC. Although there is currently no Short-term Let Control Area designated in NAC under the Planning legislation, if there is one in force when you apply covering the Premises then you will have to be able to show that your application does not involve a 'breach of planning control'. If you do not then NAC would be entitled to reject your application for that reason as well. That would be rejection, not refusal: if you later got either: - a grant of Planning Permission or - a Certificate of Lawful Use or Development, you could re-apply. (a) Layout Plan All applicants for the grant of a STL licence will be required to submit six (6) copies of a Layout Plan of the Premises. Hosts can either: (a) use or re-use professionally-drawn plans (drawn by an architect, surveyor or similar professional) prepared for the licence application or for other purposes (such as an application for a Building Warrant or Planning Permission), but Hosts are responsible for arranging the permission of the copyright-holder if they choose to reuse plans; (b) use a hand-drawn plan which contains detail of the locations of fire alarms, fire exits, and the dimensions of rooms, so that the capacity of the rooms can be determined. However it is drawn, the Layout Plan must show: - Rooms – living area/bedrooms/bedrooms available for Guests; - Room sizes, including bedrooms; - Fire escapes; - Location of heat/smoke alarms; - Location of fire doors; and - Location of stairs/elevators/lifts; In case (b), if any of the consultees listed below consider that the plan submitted lacks enough detail, we may decline to process your application further unless and until you supply further information, which may include photographs or another plan. It is in the Host's interests to 141
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64
supply as much information as is possible at an early stage, as this may allow quicker
processing of the licence application. For example, if the information supplied initially is
thought to be inadequate to allow SFRS or Council officers to properly assess the application,
it might avoid the need for an actual inspection of the Premises if further information is
available.
We need 6 copies because your Application will be considered by the following consultees:
- Two Council Departments - "Protective Services" and "Housing"
- Police Scotland
- Scottish Fire and Rescue
and we need two copies in the Licensing Section, one to prepare your Licence document and
the other for our records.
For amendment ("consent to material change") or variation applications, where the proposal
relates to a change to the layout of the premises, we need six (6) copies of the proposed new
Layout Plan.
For renewal applications, where there has been no change to the layout of the premises a
Layout Plan would not be required with the application. If there has been a change, we need
six (6) copies of the proposed new Layout Plan.
When the Licence of other proposal is approved, we will mark the Layout Plan with a Notice
such as:
"1 June 2023
This is the Layout Plan approved in relation to the Licence granted under number
NA00123F.
(signed) William O'Brien Solicitor
(Licensing)"
(b) Location Plan
In addition to the Layout Plan, you must give us a Location Plan, at a scale of no less than
1:1,500, showing the Premises in relation to streets and other buildings. An aerial photograph
(such as a map taken from the Internet) is an acceptable alternative, as is a Location Plan
shown as an inset on the Layout Plan.
Again we need six (6) copies if the Location Plan is not shown as an inset on the Layout Plan.
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65
(c) Evidence of Operation as a STL before 1 October 2022
Where an applicant applies as an 'Existing Host', we will need the applicant to certify this when
submitting a STL licence application. Checks to establish this may be made by the Licensing
Authority.
(d) Consent from owner(s)
An application for a STL licence does not have to be made by the owner of the premises.
However, if not the owner, the applicant provide consent from the owner or the owner's
Solicitor (or if the Premises are owned by more than one person) all of them (or a Solicitor
authorised by all of them).
Annex L - What documents do I have to give
Guests?
In this Annex, "MC" means the Mandatory Conditions that automatically apply to a STL
Licence. These are in Schedule 3 to the STL Order.
Note: in addition to the Mandatory Conditions which apply throughout
Scotland, in North Ayrshire there is an additional condition: the Host must
give Guests information about waste disposal etc.. See Part 10 ("What
conditions does a STL Licence have?", Section (b) "Standard Conditions",
heading "The first exception".
NAC Housing have a www "Advice for private Landlords" at:
https://www.north-ayrshire.gov.uk/housing/private-sector-housing/private-
landlordsadvice.aspx
This has several links to other documents and webpages that you may find useful.
MC 12 is:
"12. The Holder of the Licence must make the following information available within the
Premises in a place where it is accessible to all Guests—
(a) a certified copy of the licence and the licence conditions,
(b) fire, gas and electrical safety information,
(c) details of how to summon the assistance of emergency services,
(d) a copy of the Gas Safety Report,
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66 (e) a copy of the Electrical Installation Condition Report, and (f) a copy of the Portable Appliance Testing Report." When you apply for the grant or renewal of a Licence you will be asked to confirm that your Premises comply with the obligations to have safety installations and regular checks. Non-compliance with any obligation will be regarded a major concern and: - applications which do not confirm compliance with these requirements will be considered for refusal, and - Premises with Licences where these requirements have not been fulfilled will be considered for Enforcement Action, which may involve the revocation of the Licence. Please be aware that we can request copies of the relevant certificates at any time. MC 3: Fire and smoke heat detection, and Carbon Monoxide detection Mandatory Condition 3 is: "3. The Holder of the Licence must ensure the Premises has satisfactory equipment installed for detecting, and for giving warning of— (a) fire or suspected fire, and (b) the presence of carbon monoxide in a concentration that is hazardous to health." MC 3(a): Fire and smoke detection, and Carbon Monoxide (CO) detection There should be at least: • one functioning smoke alarm in the room which is frequently used by the occupants for general daytime living purposes (normally the living room/lounge), • one functioning smoke alarm in every circulation space on each storey, such as hallways and landings, or in main room if no landing in upper storey, • one heat alarm in every kitchen, • all alarms should be ceiling mounted, and • all alarms should be interlinked. 144
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67 Mains operated alarms (with battery backup) are permitted, as are tamper proof, sealed, long- life lithium battery alarms. The expiry date should be visible on each alarm. For further detailed information please see https://www.gov.scot/publications/fire- safetyguidance-private-rented-properties/ Please provide clarification and confirmation in relation to this requirement. MC 3(b): Carbon monoxide (CO) detection This applies if your rental property or properties have appliances that use carbon-based fuel. Hosts have an obligation to ensure that a detection system is installed in all properties you rent where there is: • fixed combustion appliance (excluding an appliance used solely for cooking) or • a fixed combustion appliance in an inter-connected space, for example, an integral garage • a combustion appliance necessarily located in a bathroom (advice would be to locate it elsewhere) - the CO detector should be sited outside the room as close to the appliance as possible CO detectors should be powered by a battery designed to operate for the working life of the detector. The detector should incorporate a warning device to alert the users when its working life is due to expire and should be replaced on or before the expiry date. Hard wired mains operated CO detectors with fixed wiring (not plug in types) may be used as an alternative, provided they are fitted with a sensor failure warning device. For further information please visit https://www.gov.scot/publications/carbon-monoxide-alarms-inprivate-rented-properties- guidance/ Please provide clarification and confirmation in relation to this requirement. MC 4: Furniture and Furnishings (Fire Safety) The Holder of the Licence must keep records showing that all upholstered furnishings and mattresses within the parts of the Premises which are for Guest use, or to which the Guests are otherwise permitted to have access, comply with the Furniture and Furnishings (Fire Safety) Regulations 1988. MC 5: Gas safety MC 5 is: 145
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"5. Where the Premises has a gas supply—
(a) the Holder of the Licence must arrange for an annual gas safety inspection of
all gas pipes, flues and appliances in the Premises,
(b) if, after an annual inspection, any appliance does not meet the required safety
standard, the Holder of the Licence must not allow a Short-Term Let of the
Premises until the works necessary to bring the appliance to the required safety
standard have been carried out."
As a Host you are legally required to commission a Gas Safe registered engineer to carry out
an annual gas safety check at your rental property / properties and issue a Gas Safety
Certificate (CP12 Certificate). By law a copy of the Gas Safety Certificate should be given to
your Guests
A Gas Safety Certificate confirms that the gas installation is safe, and all gas appliances are
safe and free from danger. A regular gas safety check can ensure there is no risk to the
occupants due to the gas supply, and that all pipework, flues and appliances are installed and
maintained correctly.
MC 6: Electrical safety
You have to give Guests both:
- a copy of the Electrical Installation Condition Report, and
- a copy of the Portable Appliance Testing Report ("PAT check")
There is a document to download on the Scottish Government website: "Electrical installations
and appliances in private rented properties: guidance":
https://www.gov.scot/publications/electrical-installations-and-appliances-privaterented-
properties/
MC 6(a): Electrical Installation Condition Report
As a Host you are legally required to have a current Electrical Installation Condition Report
(EICR) or Electrical Installation Certificate (EIC) for all your rental properties that use electricity.
A copy of the most recent electrical safety inspection reports must be provided to Guests.
As a Host you are required to ensure that regular electrical safety inspections are carried out
and EICRs / EICs are completed by a suitably competent registered electrician, and that
anything that fails to pass the inspection is replaced or repaired immediately.
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MC 6(b): Portable Appliance Testing Report ("PAT check")
If you have supplied any movable electrical appliances, you need a PAT check (appliances
belonging to the Guest do not need a PAT check). PAT checks cover:
- portable equipment and
- larger appliances and equipment fixed to a surface or wall.
Items that require PAT testing in a property include:
Fridges
Ovens
Microwaves
Kettles
Toasters
Dishwashers
Washing machines
Tumble dryers
Vacuum cleaners
Televisions
Lamps
Heated towel rails
Extension leads
PAT checks must also be done at least every 5 years but if the electrician recommends more
frequent checks (which they usually will for the PAT check) then the Host should follow their
advice on frequency.
MC 8: Water safety: private water supplies
MC 8 is:
"8. Where the Premises are served by a private water supply, the licence holder must
comply with the requirements on the owners of private dwellings set out in the Water
Intended for Human Consumption (Private Supplies) (Scotland) Regulations 2017."
This condition does not apply if Scottish Water supply the rental property. Approximately 97%
of properties in Scotland are supplied by Scottish Water.
However, if your rental property uses a private water supply for drinking water then you should
be aware of the 2017 Regulations. The main objective of the regulation is to ensure the
provision of clean, safe drinking water and to deliver significant health benefits to those using
private water supplies.
For further information please visit http://dwqr.scot/private-supply/regulatory-information/
ScotGov have a www: "Risk assessing your private water supply":
https://www.mygov.scot/risk-assess-private-water-supply
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70 Please clarify whether your property / properties have a public or private water supply, and if it is a private water supply confirm that you are aware of and comply with the relevant Regulations. MC 9: Water safety: legionella MC 9 is: "9. The Holder of the Licence must assess the risk from exposure to legionella within the Premises, whether or not the Premises are served by a private water supply." Legionnaires' disease is a potentially fatal form of pneumonia caused by the inhalation of small droplets of contaminated water containing Legionella. All water systems can provide an environment where Legionella may grow and water storage tanks are only one area of possible risk. Hosts have a duty to ensure a legionella risk assessment is carried out periodically on their property or properties to help guard their Guests against any risk of getting the illness from contaminated water. Please confirm when the Risk Assessment has been carried out. It would be prudent to retain the relevant documentation and you should ensure that you are aware of the findings and are planning for when the next assessment will be undertaken. If you have a public water supply, we will accept that this condition is already met. In effect, your 'legionella risk assessment' would be: "My house is connected to Scottish Water's mains supply. They will check for legionella etc., so my risk assessment is simply 'there is no risk' "? If you have a private supply, there are risk assessment templates on the internet. MC 10: Safety & repair standards MC 10 is: "10(1) The Holder of the Licence must take all reasonable steps to ensure the Premises are safe for residential use. (2) Where the Premises are subject to the requirements of Chapter 4 of Part 1 of the Housing (Scotland) Act 2006, the Holder of the Licence must ensure that the Premises meet the Repairing Standard." See Annex B for an explanation of the term "Repairing Standard". The "Repairing Standard" includes common areas, like closes and gardens: Hosts who own flat/tenement rental properties are required to be aware of their responsibilities for repairing common areas, such as: 148
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71 • the ground (solum) on which your building stands (but not always the garden) • the foundations • the external walls - but individual owners are responsible for the part of these walls that lies in their flat • the roof (including the rafters) • other structural parts of the building such as beams, columns and load bearing walls • the close and stairs (when they are not mutual) • staircases in blocks of flats. To find out exactly what applies in your building, you need to read your Title Deeds. You can source a copy of your title deeds at https://scotlis.ros.gov.uk Where a property factor is employed to take charge of repairs and maintenance of a block of flats or a tenement it is important to note that the ultimate responsibility regarding this obligation still sits with the Host. MC 15: Insurance MC 15 is: "15. The Holder of the Licence must ensure that there is in place for the Premises— (a) valid buildings insurance for the duration of the licence, and (b) valid public liability insurance for the duration of each Short-Term Let agreement." If you rent out a property in Scotland that is a flat or tenement you are required to have appropriate building insurance. Tenements are defined as buildings or parts of buildings which comprise of two or more flats, at least two of which are divided from each other horizontally. The Tenements (Scotland) Act 2004, Section 18, provides that in a tenement: • each owner must effect and keep in force a contract of insurance against the ‘Prescribed Risks’ (which are set by regulation - see below) for the reinstatement value of that owner’s flat and any part of the tenement building attaching to that flat as a pertinent; and • any other owner may by notice in writing request the owner of a flat in the tenement to produce evidence within 14 days of that insurance and payment of the premiums. In a tenement many owners contribute together to maintain a Common Insurance Policy, but where there is no Common Insurance Policy the statutory duty falls on each individual owner. 149
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72 Tenement insurance - the 'Prescribed Risks' These are set out in the Schedule to The Tenements (Scotland) Act 2004 (Prescribed Risks) Order 2007 No. 16 (in force 1st May 2007): "Prescribed Risks The risk of damage to a Flat or any part of a Tenement building attaching to that Flat as a pertinent caused by: (a) fire, smoke, lightning, explosion, earthquake; (b) storm or flood; (c) theft or attempted theft; (d) riot, civil commotion, labour or political disturbance; (e) malicious persons or vandals; (f) subsidence, heave or landslip; (g) escape of water from water tanks, pipes, apparatus and domestic appliances; (h) collision with the building caused by any moving object originating outside the building; (i) leakage of oil from fixed heating installations; and (j) accidental damage to underground services." Energy Performance Energy Performance Certificates (EPCs) have been a legal requirement for rental properties since 4 January 2009. Only existing tenancies which started before that date would not be subject to the requirement to have an EPC. In all other cases a valid EPC must be made available, free of charge, to prospective new Guests. Failure to comply with this requirement may lead to a penalty charge notice of £500. A Host should obtain an EPC prior to offering a property up for rent. EPCs provide information on how energy efficient your property is, how it could be improved, and are valid for 10 years. If there is an existing Guest at the point of EPC expiry there is no requirement to provide that Guest with a renewed certificate. Hosts should also be aware of the Scottish Government’s minimum standards for energy efficiency in the private rented sector and The Energy Efficiency (Domestic Private Rented 150
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73 Property (Scotland) Regulations 2020, the implementation of which has been delayed due to the COVID-19 crisis. Annex M - Unique Licence Numbers When you apply for a Licence or Temporary Exemption your case will be allocated a reference number (the STL Order calls this the “Unique Licence Number”). The layout of this number will follow the “Licence number specification” set out in Annex A of Part 2 of the Scottish Government guidance. The licence number will comprise 8 characters, three of which are alphabet (capital letters) and 5 of which are digits, in the form: NA00123P The first two letters identify the Licensing Authority, e.g. “NA” for North Ayrshire. The last letter shows the type of application, exemption or Licence: P - Provisional licence number issued on receipt of a licence application F - First (full) licence R - Renewed licence E - Temporary exemption T - Temporary licence The Licence number does not show the “Type of Short-Term Let” (e.g. “home sharing”), but this will be displayed on the public register. Example: “NA00123P” This would mean that the Host has applied for a Licence, so that case has been provisionally allocated a reference number. The case is 123rd to be received at the Council. If the Licence is granted, the reference on the licence documents we issue will change to “NA00123F”. If the Host is an "Existing Host" and has requested confirmation of "Existing Host" status, the Council will allocate a number with the letter "C", for example "NA00123C". This confirmation is not a 'licence', and the request for it is not a 'licence application', but we are using a similar format to the one specified by the Scottish Government guidance for consistency. If that Existing Host later applies for a Licence, the number may be different. 151
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Appendix C – Proposed Short-Term Let Licensing Fees (with effect from 1 April 2026) The following fee structure is proposed for North Ayrshire Council’s Short-Term Let Licensing Scheme, to take effect from 1 April 2026. The revised fees are intended to support a cost recovery approach and to align more closely with neighbouring authorities, while retaining a North Ayrshire specific approach for amendments, transfers and temporary licences. C.1. New Licence Fees Licence Type Maximum Occupancy (Up to 4) Maximum Occupancy (5 or more) Secondary Let £300 £480 Home Sharing and/or Home Letting (or both) £150 £300 C.2. Renewal Licence Fees Licence Type Maximum Occupancy (Up to 4) Maximum Occupancy (5 or more) Secondary Let £240 £420 Home Sharing and/or Home Letting (or both) £135 £240 C.3. Provisional Licence Fees The proposed provisional licence fee structure is: • Provisional Grant of Licence: 25% of the applicable full new licence fee (based on licence type and maximum occupancy) • Confirmation of Provisional Licence: 75% of the applicable full new licence fee (based on licence type and maximum occupancy) This approach ensures the full fee is recovered across the provisional and confirmation stages, while reducing the initial payment at provisional stage. 153
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C.4. Other Applicable Fees Application Type Proposed Fee Variation £90 Amendment £75 Transfer of Licence £110 Replacement / Duplicate Licence £60 C.5. Temporary Licence Fee The proposed fee for a temporary short-term let licence shall be: • 50% of the applicable full new licence fee, based on the relevant licence type and maximum occupancy. C.6. Notes The proposed fees above are subject to approval by the Licensing Committee and are intended to take effect from 1 April 2026 to provide clarity and avoid overlap with any annual Council-wide fee uplift that may be applied from that same date. 154
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Appendix D – Fee Comparison with Neighbouring Authorities D.1 Purpose of this Appendix This Appendix provides benchmarking information on short-term let (STL) licensing fees charged by neighbouring and comparator local authorities. It is intended to support the Committee’s consideration of the proposed North Ayrshire Council STL fee revisions by showing the current North Ayrshire fee levels, the proposed revised fees, and the published fees of other councils at the time of drafting. The benchmarking exercise has been used to inform the proposed fee structure and to assess whether North Ayrshire’s current fees remain broadly aligned with comparable authorities. For clarity, this Appendix distinguishes between: • directly comparable authorities (using a broadly similar fee structure based on licence type and occupancy bands); and • contextual comparators (using materially different charging models, such as bedroom-based or alternative occupancy bands). Members should note that comparator councils’ fees may themselves be subject to annual review or uprating from 1 April 2026. D.2 North Ayrshire Current and Proposed STL Fees (for comparison) The table below sets out North Ayrshire’s current STL fees and the proposed revised fees. D.2.1 North Ayrshire – current and proposed core fees Fee Type Current NAC Fee Proposed NAC Fee Increase (£) Increase (%) New – Secondary Let (1–4) £276 £300 £24 8.7% New – Secondary Let (5+) £441 £480 £39 8.8% New – Home Sharing/Home Letting (1–4) £138 £150 £12 8.7% New – Home Sharing/Home Letting (5+) £221 £300 £79 35.7% Renewal – Secondary Let (1– 4) £221 £240 £19 8.6% 155
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Renewal – Secondary Let (5+) £386 £420 £34 8.8% Renewal – Home Sharing/Home Letting (1–4) £110 £135 £25 22.7% Renewal – Home Sharing/Home Letting (5+) £193 £240 £47 24.4% D.3 Directly Comparable Authorities The following authorities have fee structures which are sufficiently similar to North Ayrshire’s current 1–4 / 5+ occupancy approach to allow meaningful comparison across the main fee categories: • South Ayrshire Council • East Ayrshire Council • Inverclyde Council D.3.1 Comparator fee table (core STL fees) Fee Type North Ayrshire (Current ) North Ayrshire (Proposed ) South Ayrshir e East Ayrshir e Inverclyd e Comparato r Average* New – Secondary Let (1–4) £276 £300 £300 £250 £473 £341.00 New – Secondary Let (5+) £441 £480 £480 £400 £578 £486.00 New – Home Sharing/Hom e Letting (1–4) £138 £150 £150 £125 £289 £188.00 New – Home Sharing/Hom e Letting (5+) £221 £300 £300 £250 £368 £306.00 156
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Renewal – Secondary Let (1–4) £221 £240 £240 £200 £420 £286.67 Renewal – Secondary Let (5+) £386 £420 £420 £350 £525 £431.67 Renewal – Home Sharing/Hom e Letting (1–4) £110 £135 £90 £75 £236 £133.67 Renewal – Home Sharing/Hom e Letting (5+) £193 £240 £240 £200 £315 £251.67 *Comparator average is the average of South Ayrshire, East Ayrshire and Inverclyde for the relevant fee line. D.3.2 North Ayrshire position against comparator average (current fees) Using the comparator average above, North Ayrshire’s current fees are below the comparator average in all core categories. By way of illustration: • New – Home Sharing/Home Letting (1–4): North Ayrshire is approximately 26.6% lower • New – Home Sharing/Home Letting (5+): North Ayrshire is approximately 27.8% lower • Renewal – Secondary Let (1–4): North Ayrshire is approximately 22.9% lower • Renewal – Home Sharing/Home Letting (5+): North Ayrshire is approximately 23.3% lower 157
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D.3.3 Overall comparator position When assessed across the 8 core fee categories (new and renewal fees for both licence types and both occupancy bands): • North Ayrshire current average fee: £248.25 • Comparator average fee (SAC / EAC / Inverclyde): £303.08 This indicates that North Ayrshire’s current fees are approximately 18.1% lower overall than the average of these comparator councils. Using the proposed revised fee structure: • North Ayrshire proposed average fee: £283.13 This would reduce the gap materially, while still leaving North Ayrshire broadly below the comparator average overall. D.4 Comparator Authorities with Different Charging Models A number of neighbouring and nearby authorities operate STL fee structures which are not directly comparable to North Ayrshire’s 1–4 / 5+ occupancy model. These councils are nevertheless relevant as wider context, particularly in demonstrating the range of approaches adopted and the level of charges applied for larger properties and secondary letting. D.4.1 Dumfries and Galloway Council (guest-band model) Dumfries and Galloway Council applies fees by guest occupancy bands of up to 6, 7–12, and 13+ rather than 1–4 / 5+. Dumfries and Galloway – example published fees Category Up to 6 7–12 13+ New – Home Sharing/Home Letting £308.50 £342.90 £393.10 New – Secondary Let £339.30 £377.30 £432.30 Renewal – Home Sharing/Home Letting £212.30 £236.00 £283.00 Renewal – Secondary Let £233.50 £259.60 £311.40 Other fee shown: • Transfer existing licence: £75.08 158
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This model is not directly comparable to North Ayrshire’s fee bands but demonstrates an alternative guest-capacity charging structure and a more granular scaling for larger premises. D.4.2 Renfrewshire Council (bedroom-based model) Renfrewshire Council applies STL fees using a bedroom-based charging model, with separate charges by licence type and number of bedrooms. This results in materially higher charges in some categories, particularly secondary lets. Renfrewshire – examples from published fee table • Home letting / home sharing / home letting and sharing (new): fees shown at £277 (1 bedroom) and £387 (2+ bedrooms categories shown) • Secondary letting (new): fees shown from £882 to £1,213 depending on bedroom count • Variation: £111 • Material change of circumstances: £111 • Transfer: £84 • Temporary exemption: £111 • Duplicate/certified copy: £45 Renfrewshire also publishes separate fees for: • provisional licence applications; and • confirmation of provisional licences This charging model is not directly comparable to North Ayrshire, but it demonstrates a significantly higher charging approach for some categories, especially secondary lets. D.4.3 East Renfrewshire Council (bedroom-based model) East Renfrewshire Council also applies a bedroom-based STL fee structure and distinguishes between home letting, home sharing and secondary letting categories. East Renfrewshire – examples from published fee table • Secondary Let (new / renewal) o up to 2 bedrooms: £936 / £775 o up to 4 bedrooms: £1,039 / £878 o higher bedroom bands increase further (including 8+ bedroom category) 159
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• Home Let (new / renewal) o up to 2 bedrooms: £636 / £528 o up to 4 bedrooms: £739 / £631 o higher bedroom bands increase further • Home Share (new / renewal) o lower than home let/secondary let categories but still substantially above North Ayrshire in many bands • Transfer licence o published transfer fee shown in the screenshots: £149 (band-specific table applies) As with Renfrewshire, East Renfrewshire’s structure is not directly comparable to North Ayrshire’s 1–4 / 5+ model, but it provides useful context in showing the range and level of STL fees charged in neighbouring areas. D.5 Other Comparator Fee Types (Variations / Transfers / Provisionals / Temporarys) Not all comparator councils publish ancillary STL fees in the same format, and the terminology used may differ. The table below summarises the key ancillary fees identified in the benchmarking exercise where available. D.5.1 Ancillary fee comparison (where published) Fee Type North Ayrshir e (Propos ed) South Ayrsh ire East Ayrshire Invercl yde Dumfri es & Gallow ay Renfrews hire East Renfrews hire Amendm ent £75 — — — — (material change fee published ) — Variation £90 £90 £75 £79 — £111 — Transfer £110 — £50 — £75.08 £84 £149* Provision al 25% of full fee — £100 (grant) + — — Separate provisiona Separate band- 160
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remainde r on confirma tion l fees published based fees published Temporar y Licence 50% of full fee £120 — — — Temporary exemption £111 — Duplicate / Replace ment £60 £60 £50 — — £45 — *East Renfrewshire transfer fee shown in screenshot for the relevant fee table entry provided. Notes: 1. A blank entry (“—”) indicates the fee was not visible in the screenshots reviewed, or was not clearly identifiable in the published table extract provided. 2. Councils use different terminology (e.g. “material change of circumstances” rather than “amendment”), so exact like-for-like comparison is not always possible. 3. Comparator fees may be updated by those authorities from 1 April 2026. D.6 Summary and Benchmarking Conclusion The benchmarking exercise indicates that: • North Ayrshire’s current STL fees are generally lower than those charged by neighbouring comparator authorities in the main licence categories; • the proposed revised fees would bring North Ayrshire closer to comparator levels, while retaining a clear and proportionate local fee structure; • North Ayrshire’s proposed fees remain within a broadly comparable range and, on average, remain below the average of the directly comparable authorities used in this Appendix; • a number of councils use more complex or higher-value charging models (particularly bedroom-based structures), which demonstrates that the proposed North Ayrshire fees remain proportionate in the wider regional context. This benchmarking supports the proposed fee revisions as a justified and reasonable. 161
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Appendix E – North Ayrshire STL Fee Change Analysis and STL Scheme Position (March 2026) E.1 Purpose of this Appendix This Appendix provides supporting financial and operational context for the proposed revision of North Ayrshire Council’s Short-Term Let (“STL”) fees. It is intended to assist Members by setting out: • the proposed fee changes on a line-by-line basis (including percentage uplifts); • the current STL scheme position (licence numbers and fee income to date) based on officer-provided Northgate figures; and • an indicative breakdown of licence distribution by category, derived from the available fee income data. This Appendix should be read alongside: • Appendix C (Proposed STL Fee Schedule); and • Appendix D (Comparator Council STL Fee Benchmarking). E.2 North Ayrshire Fee Change Analysis (Current vs Proposed Fees) The table below sets out the Council’s current STL fees and the proposed revised fees, together with the cash increase and percentage uplift for each core fee type. E.2.1 Core STL fees – current and proposed Fee Type Current NAC Fee Proposed NAC Fee Increase (£) Increase (%) New – Secondary Let (1–4) £276 £300 £24 8.7% New – Secondary Let (5+) £441 £480 £39 8.8% New – Home Sharing/Home Letting (1–4) £138 £150 £12 8.7% New – Home Sharing/Home Letting (5+) £221 £300 £79 35.7% Renewal – Secondary Let (1– 4) £221 £240 £19 8.6% 162
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Renewal – Secondary Let (5+) £386 £420 £34 8.8% Renewal – Home Sharing/Home Letting (1–4) £110 £135 £25 22.7% Renewal – Home Sharing/Home Letting (5+) £193 £240 £47 24.4% E.2.2 Other proposed STL fees Application Type Proposed Fee Amendment £75 Variation £90 Transfer £110 Provisional licence 25% of applicable full new licence fee Confirmation of provisional licence 75% of applicable full new licence fee Temporary licence 50% of applicable full new licence fee Replacement / Duplicate Licence £60 E.3 STL Scheme Position (Northgate Data – March 2026 Reporting Cycle) Licensing has provided a Northgate-based summary of the current STL scheme position (for the March 2026 Committee cycle). The figures are used in this Appendix as the most recent available internal management information. E.3.1 Headline STL scheme position • Active STL licences (excluding surrendered licences): 976 • Total STL fee income recorded to date: £218,761 This demonstrates that the STL scheme is now established at scale and has moved beyond the initial implementation phase. 163
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E.3.2 Category fee income totals (as provided by Licensing Administration) The Northgate summary provided identifies the following fee income totals by broad category: Category Fee Income (£) Secondary Letting (5 or more) £112,188 Secondary Letting (4 or less) £82,800 Home Letting / Home Sharing (5 or more) £10,247 Home Letting / Home Sharing (4 or less) £8,643 Variations £4,326 Miscellaneous Income £557 Total £218,761 Notes: 1. The ‘Miscellaneous Income’ amount reflects a small residual difference in the extracted figures and is included here for transparency. 2. The figures above are officer-provided management information and are used for contextual analysis in this report. E.4 Indicative Licence Distribution by Category (Estimated) The fee totals in section E.3.2 are recorded income figures rather than confirmed licence counts by fee band. Because STL fees have been uprated over time, and because income may include different fee events over the life of the scheme, it is not possible to derive a precise licence count in each category directly from those totals. However, to assist Members in understanding the broad profile of the current scheme, officers have prepared an indicative estimate of licence distribution based on the proportions represented by the four main licence fee categories (excluding variations and the ‘Miscellaneous Income’ amount). 164
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E.4.1 Methodology (summary) The estimate has been prepared by: • taking the four main category fee income totals; • calculating each category’s proportion of the total fee income across those four categories; and • applying those proportions to the current total of 976 active licences. This provides an indicative licence mix for context only and should not be treated as a precise audited count by fee band. E.4.2 Indicative Split of Licences Category Fee Income Share (%) Indicative Licence Estimate Secondary Letting (5 or more) 52.5% 512 Secondary Letting (4 or less) 38.7% 378 Home Letting / Home Sharing (5 or more) 4.8% 47 Home Letting / Home Sharing (4 or less) 4.0% 39 Total 100% 976 This profile indicates that the North Ayrshire STL scheme is predominantly comprised of secondary letting licences, with the largest grouping being secondary lets with a maximum occupancy of 5 or more. E.5 Renewal Phase and Revenue Context The first wave of STL licences granted following implementation of the national scheme is expected to begin reaching renewal stage from May 2026. This means that renewals will become a significant part of STL administration and fee income during 2026/27 and thereafter. 165
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The revised fee structure therefore reflects not only initial grant application activity, but the ongoing resource implications of: • renewals; • amendments and variations; • transfers; • provisional and confirmation applications; and • continuing compliance and enforcement-related administration. As noted in the main report, a definitive annual income projection is not provided because the exact level of STL fee income in 2026/27 will depend on the number and type of applications received, the timing of renewals, and the mix of transaction types across the year. E.6 Illustrative Renewal Uplift Position (Per-Application Basis) Although a single annual revenue forecast is not provided, the proposed renewal fee increases will produce a clear uplift on a per-application basis, including: • Secondary Let Renewal (1–4): increase of £19 per renewal • Secondary Let Renewal (5+): increase of £34 per renewal • Home Sharing/Home Letting Renewal (1–4): increase of £25 per renewal • Home Sharing/Home Letting Renewal (5+): increase of £47 per renewal This demonstrates that, as renewals become due from May 2026 onwards, the revised fees will support improved cost recovery compared with the current fee structure. E.7 Economic Context (Inflation and Cost Pressures) The proposed STL fee revisions are not solely based on comparator benchmarking. They also reflect wider cost pressures since the STL scheme was introduced. Using the Office for National Statistics Consumer Prices Index (CPI) all-items index, the index increased from 126.2 (October 2022) to 139.5 (January 2026). This represents an increase of approximately 10.5% over that period. This provides an objective indicator of inflationary pressure across the period in which the STL scheme has been implemented and administered. Officers also note that, while North Ayrshire Council fees have been subject to routine annual uprating, the proposed STL fee revisions represent a broader structural review to ensure that fees remain proportionate to current licensing activity and administrative demands. 166
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E.8 Summary This Appendix demonstrates that: • the STL scheme is now operating at significant scale (976 active licences); • the Council has collected substantial STL fee income to date (£218,761), demonstrating the maturity of the scheme; • the fee profile suggests that secondary letting, particularly in the 5+ occupancy band, represents the largest area of licensing activity; • the proposed revised fees provide clear uplifts across the core grant and renewal categories; and • the revised fee structure is intended to support justified cost recovery as the scheme enters the renewal phase from May 2026 onwards. 167
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