Licensing of Short-Term Lets
North Lanarkshire Council · 16 November 2022
Back to Housing Committee — 16 November 2022 and its agenda
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North Lanarkshire Council Report Housing Committee Does this report require to be approved? ☒ Yes ☐ No Ref TJ/AM Date 16/11/22 Licensing of Short-Term Lets From Andrew McPherson, Head of Regulatory Services & Waste Solutions E-mail McPhersonA@northlan.gov.uk Telephone 07939 280467 Executive Summary The Civic Government (Scotland) Act 1982 (Licensing of Short-term Lets) Order 2022 was approved by the Scottish Parliament on 19 January 2022 and came into force on 1 March 2022 under the statutory provisions of the Civic Government (Scotland) Act 1982 (‘the 1982 Act’). The Civic Government (Scotland) Act 1982 (Licensing of Short-term Lets) Order 2022 (“the 2022 Order”) sets out a timetable for the incremental implementation of the licensing scheme and brings short term lets within the scope of licensable activities covered by the statutory provisions of the Order, whilst placing a duty upon Local Authorities to have a licencing scheme in place to regulate all short term lets in their area. Existing Hosts and Operators will be required to licence any existing short term lets by 1 April 2023, with all short term lets being fully licensable by 1 July 2024. The 2022 Order also places a statutory duty for all Local Authorities to deliver a Short-Term Let Policy and requires the licensing authority to publish, and keep under review, a statement of its policy. In conjunction with this, the Council must carry out a period of public consultation which will include information relating to fees, applications etc and published on the Council website. Recommendations It is recommended that the Housing Committee: 1. Approves the Short Term Lets Policy as detailed within Appendix 1. The Plan for North Lanarkshire Priority Improve the health and wellbeing of our communities Ambition statement (14) Ensure the highest standards of public protection
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1. Background 1.1. The commencement of a regulatory framework for short-term lets was introduced by the Scottish Government in April 2019 which led to extensive consultation to develop suitable guidance on the licensing of short-term lets in conjunction with local authorities, stakeholders and operators. The guidance was published in March 2022 and was divided into two parts: Part 1 is for hosts and operators and Part 2 for Scottish licensing authorities, letting agencies and platforms facilitating short-term lets in Scotland. 1.2. The Short Term Lets in Scotland Licensing Scheme, Part 2 Supplementary Guidance for Licensing Authorities, Letting Agencies and Platforms, and the Civic Government (Scotland) Act 1982 (Licensing of Short-term Lets) Order 2022 have been considered in developing a licensing scheme for North Lanarkshire Council. 1.3. The above legislation refers to those properties that are rented for short periods of time - usually for a holiday or short beak. It does not relate to properties rented out for longer term periods as these are covered within legislation relevant to Landlord Registration. 1.4. It is estimated that approximately 150 to 200 properties would require to comply with the legislation in North Lanarkshire, with these numbers fluctuating depending on the time of year. Over the last few years there have been little to no complaints received by the Built Environment team regarding premises classified as short term lets. 1.5. The proposed Short Term Lets Policy for North Lanarkshire and accompanying licensing conditions are contained as Appendix 1 to this report. 2. Report 2.1. The 2022 Order brings short term lets within the scope of the 1982 Act and enables local authorities to implement a licensing scheme for short term lets to improve safety and mitigate any potential negative impact on communities. The licence lasts for a period of three years and includes mandatory safety requirements (fire safety, gas safety etc) that will cover every type of short term let to ensure a safe, quality experience for visitors. It also includes a ‘fit and proper’ test (similar to that in place for landlord registration) to assess whether the applicant is suitable to hold such a licence and the Council has the discretion to apply further appropriate conditions to address any local concerns. 2.2. As noted previously, the 2022 Order sets out a timetable for the implementation of the licensing scheme to give hosts and operators time to comply. • Existing Hosts and Operators will be required to licence any existing short term lets by 1 April 2023. • All short term lets being fully licensable by 1 July 2024. N.B. The legislation contains provisional requirements which allow existing operators to continue hosting guests whilst their application is considered and determined. 2.3. The 2022 Order places a statutory duty on local authorities to carry out a period of public consultation which will include information relating to fees, applications etc and be published on the Council website. This consultation period took place between 1 August 2022 and 1 September 2022 and the key purpose was to gather a broader understanding of community and business views in relation to what a short-term letting
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licensing policy may also include. The results of this consultation are included in Appendix I of the Short Term Lets Policy document. The results of this survey are indicative that members of the public in North Lanarkshire are supportive of our intentions with regard to our overall policy for short term lets. 2.4. There were no prescribed licensing fees proposed by either the 2022 Order or the accompanying guidance, and each local authority has therefore had to determine their own fee structure. The fee structure proposed for North Lanarkshire Council is contained below: Secondary Letting [The letting of property where the owner does not normally live, for example a second home that is let to guests] £300 (up to 4 guests) £450 (5+ guests) Home Letting [Where the owner uses all or part of their home for short-term lets whilst they are absent. An example of this could be whilst the owner is on holiday] £300 (up to 4 guests) £450 (5+ guests) Home Sharing [Where the owner uses all or part of their home for short-term lets whilst they are present] £300 (up to 4 guests) £450 (5+ guests) Home Letting and Home Sharing [Operating short-term lets from a home while the owner is living there and for periods when the owner is absent] £300 (up to 4 guests) £450 (5+ guests) This fee structure was contained within the consultation document and is based on the principle of full cost recovery for the administration of the scheme. This reflects the provision within the 2022 Order which allows Councils to recover the cost of providing a licensing scheme to meet expenses in exercising their functions. From the consultation exercise, 52% of participants disagreed with the Council’s proposals to set the fees at £300 for up to 4 guests and £450 for 5 of more guests (regardless of the type of short-term licence). However, 48% agreed that the fees where acceptable. When compared to the national position, the fees detailed above reflect a mid-range to lower fee scale. Setting fees to the lower to mid-range will allow for the development and growth of local businesses operating short-term lets and to ensure that licensing fees are not excessive. 2.5. Along with detailing the licensing fee, the policy will encompass the introduction of the mandatory licensing scheme and sets out the requirements for a public register where details of all short term lets for the local authority area will be listed. It will detail the application process, the standard conditions, inspection and intervention processes, enforcement and enforcement notices, objections, and exemptions. 2.6. Where there are any licensing concerns regarding either the property itself or the owner, public objections, or requests for exemptions, then these will be passed through the Council’s Regulatory Committee which deals with existing applications under the
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1982 Act. This approach will be similar in fashion to any representations made under the existing landlord registration legislation. 2.7. Regrettably there has been a lack of a national approach from the Scottish Government on the administration of the licensing scheme. Unlike Landlord Registration which has a national database, no similar scheme has been developed for short-term lets with the expectation that the 32 local authorities will produce their own licensing system. In line with the Scottish Government’s Digital First programme and North Lanarkshire Council’s DigitalNL transition, we will be working in partnership with Quality in Tourism to deliver a straightforward process for licensing. This partnership Pilot is supported by the Scottish Government and by Scotland’s Housing Network Group and consists of the development of an online digital system that allows applicants to input and upload all relevant criteria where information will be held in a digital register. (Please see Section 5.6 below) 2.8 Applicants in North Lanarkshire will be able to register as short-term let operators via the Quality in Tourism digital portal and there will also be an application pack and guidance detailed on the North Lanarkshire Council website. The application pack and licensing process will also be available for those applicants who wish paper copies. 3. Measures of success 3.1. Confidence that a level playing field will be applied to all short-term lets across the Council area. 3.2. Confidence that short-term letting customers are protected in the knowledge that the properties being offered as short-term accommodation in North Lanarkshire are compliant with the Mandatory Conditions. 4. Supporting documentation 4.1 Appendix 1 – Short Term Lets Policy for North Lanarkshire Andrew McPherson Head of Regulatory Services and Waste Solutions 5. Impacts ( http://connect/report-template-guidance )
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5.1 Public Sector Equality Duty and Fairer Scotland Duty Does the report contain information that has an impact as a result of the Public Sector Equality Duty and/or Fairer Scotland Duty? Yes ☐ No ☒ If Yes, please provide a brief summary of the impact? If Yes, has an assessment been carried out and published on the council’s website? https://www.northlanarkshire.gov.uk/your-community/equalities/equality-and-fairer- scotland-duty-impact-assessments Yes ☐ No ☐ 5.2 Financial impact Does the report contain any financial impacts? Yes ☒ No ☐ If Yes, have all relevant financial impacts have been discussed and agreed with Financial Solutions? Yes ☒ No ☐ If Yes, please provide a brief summary of the impact? The licensing fees set within the Policy are based on full cost recovery to ensure no financial burden to the local authority. 5.3 HR policy impact Does the report contain any HR policy or procedure impacts? Yes ☐ No ☒ If Yes, have all relevant HR impacts have been discussed and agreed with People and Organisational Development? Yes ☐ No ☐ If Yes, please provide a brief summary of the impact? 5.4 Legal impact Does the report contain any legal impacts (such as general legal matters, statutory considerations (including employment law considerations), or new legislation)? Yes ☒ No ☐ If Yes, have all relevant legal impacts have been discussed and agreed with Legal and Democratic Solutions? Yes ☒ No ☐ If Yes, please provide a brief summary of the impact? This report has been compiled to reflect the statutory obligations placed on the Council by the 2022 Order. In introducing a regulatory framework specific to the short term let licensing scheme and the Councils’ statutory duty to maintain the register of short term lets for North Lanarkshire, will be sufficient to mitigate any legal impacts. 5.5 Data protection impact Does the report / project / practice contain or involve the processing of personal data? Yes ☒ No ☐ If Yes, is the processing of this personal data likely to result in a high risk to the data subject? Yes ☒ No ☐ If Yes, has a Data Protection Impact Assessment (DPIA) been carried out and e- mailed to dataprotection@northlan.gov.uk
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Yes ☒ No ☐ 5.6 Technology / Digital impact Does the report contain information that has an impact on either technology, digital transformation, service redesign / business change processes, data management, or connectivity / broadband / Wi-Fi? Yes ☒ No ☐ If Yes, please provide a brief summary of the impact? There is a need to develop a suitable digital platform to receive licence applications and for software that can progress applications by uploading documents, safety certificates and enabling the formulation of a public register in line with the Scottish Government Digital First programme and North Lanarkshire Council’s DigitalNL transition. Unfortunately, currently there are no in-house digital solutions available to this Service. As a result of the lack of a suitable IT option we will be working in partnership with Quality in Tourism to deliver a straightforward process for licensing. Quality in Tourism have developed a proven digital solution for their ongoing business interests nationally and have offered North Lanarkshire Council the opportunity to develop a “white label” digital portal for licensing all short-term lets in our area. This partnership Pilot is supported by the Scottish Government and by Scotland’s Housing Network Group and will provide a suitable digital journey for hosts and operators as the licensing scheme gathers pace. We are currently in the process of developing an online digital option that will allow short term let operators in North Lanarkshire to register, update and manage their licence details with minimum inconvenience. Where the impact identifies a requirement for technology, has an assessment been carried out (or scheduled) by the Enterprise Architecture Governance Group (EAGG)? Yes ☒ No ☐ 5.7 Environmental / Carbon impact Does the report / project / practice contain information that has an impact on any environmental or carbon matters? Yes ☐ No ☒ If Yes, please provide a brief summary of the impact? 5.8 Communications impact Does the report contain any information that has an impact on the council’s communications activities? Yes ☒ No ☐ If Yes, please provide a brief summary of the impact? Colleagues within the Communication Team have been contacted and been involved in the consultation exercise and are now engaged in drafting a communication strategy as to how best to advertise the new licensing requirement. 5.9 Risk impact Is there a risk impact? Yes ☒ No ☐ If Yes, please provide a brief summary of the key risks and potential impacts, highlighting where the risk(s) are assessed and recorded (e.g. Corporate or Service or Project Risk Registers), and how they are managed? The report has been compiled to reflect the regulatory enforcement work specific to the licensing of short term lets and the Councils’ statutory duty to implement the
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scheme and maintain a public register for North Lanarkshire. Failure to implement a suitable licensing scheme could leave the Council open to criticism for failing to comply with the statutory duty. Implementation of the process noted in the report will effectively mitigate against known risk and to act effectively to minimise those risks. Appendix 1 – Short Term Lets Policy for North Lanarkshire
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1 North Lanarkshire Council Short-Term Lets Policy The Civic Government (Scotland) Act 1982 (Licensing of Short-term Lets) Order 2022
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2 Contents Executive Summary Section 1: Introduction 1:1 Links to Local Outcomes 1.2 Aims and Objectives Section 2: Rationale of Short term Let Policy 2.1 STL Background 2.2 Consultation Section 3: Legal Framework 3.1 Civic Gov Scotland Act 1982 3.2 The Civic Government (Scotland) Act 1982 (Licensing of Short-term Lets) Order 2022 3.3 Short Term Let Definition 3.4 Definition of Guest and Host 3.5 Excluded Accommodation Section 4: Short Term Let Policy/Process 4.1 Short Term Let Licence Types and Fees 4.2 Licence duration and renewal 4.3 Temporary exemptions 4.4 Temporary licences 4.5 Application Process 4.6 Neighbour Notification 4.7 Objections and Representations 4.8 Consideration of Late Objections 4.9 Determination of an Application 4.10 Grounds for Refusing a Short Term Let Licence 4.11 Material Change of Circumstances 4.12 Timescale for Determining Application 4.13 Restriction on Successive Applications 4.14 Refunds 4.15 Appeals Process 4.16 Planning and Building Standards Considerations Section 5: Licence Conditions 5.1 Mandatory Conditions 5.2 Additional conditions 5.3 Maximum Occupancy 5.4 Licence Numbers
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3 Section 6: Enforcement and Compliance 6.1 Complaints 6.2 Enforcement 6.3 Monitoring and Compliance Section 7: Variation/Suspension or Revocation of a Short Term Let Licence 7.1 Variation of Short Term Let Licence 7.2 Suspension and Revocation of Short Term Let Licence 7.3 Offences 7.4 Short Term Let Public Register 7.5 Short Term Let Review Policy Appendix 1: Short Term Let Survey Appendix 2: Offences Appendix 3: Mandatory and Additional Conditions Appendix 4: Maximum Occupancy: Definition of Space and Room Standard
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4 Executive Summary The Civic Government (Scotland) Act 1982 (Licensing of Short-term Lets) Order 2022 was approved by the Scottish Parliament on 19 January 2022 and came into force on 1 March 2022 under the statutory provisions of the Civic Government (Scotland) Act 1982 (‘the 1982 Act’). The Civic Government (Scotland) Act 1982 (Licensing of Short-term Lets) Order 2022 (“the 2022 Order”) sets out a timetable for the incremental implementation of the licensing scheme and brings short term lets within the scope of licensable activities covered by the statutory provisions of the Order, whilst placing a duty upon Local Authorities to have a licencing scheme in place to regulate all short term lets in their area by 1 October 2022. Existing Hosts and Operators will be required to licence any existing short term lets by 1 April 2023, with all short term lets being fully licensable by 1 July 2024. The 2022 Order also places a statutory duty for all Local Authorities to deliver a Short-Term Let Policy requiring the licensing authority to publish, and keep under review, a statement of its policy on or before 1 October 2022. In conjunction with this the Council must carry out a period of public consultation which will include information relating to fees, applications etc and be published on the Council website. This consultation survey was carried out for a period of 4 weeks commencing on August 1, 2022. The results of the survey can be viewed in Appendix 1. The Council must also maintain a public register of all short term lets in their area and provide statistical returns to the Scottish Government on a quarterly and annual basis. This draft framework and statement of licensing policy and accompanying licensing conditions was finalised during September 2022. The North Lanarkshire Short Term Lets Policy encompasses the introduction of a mandatory licensing scheme and set out the requirements for a public register, outlines the application process, stipulates the accompanying mandatory conditions, details the inspection and intervention process including any enforcement procedures. Typically, the licensing scheme allows for public objections to be made by neighbours or interested parties regarding any short term let. It also sets out those properties that are exempt from the licensing scheme and outlines where a licence can be suspended, revoked, or refused. The licensing scheme allows for the adoption of further discretionary powers where appropriate, these powers can include measures to reduce or prevent antisocial behaviour, waste and refuse accumulation issues, noise, illegal activity and common repair responsibilities, paragraph 5.2 below outlines the requirements for the use of discretionary powers. Section 1: Introduction 1.1 Links to Local Outcomes In terms of the Council’s priorities the introduction of a short term let licencing scheme will improve the health and wellbeing of our communities and satisfies the Council ambitions to: • Ensure a housing mix that supports social inclusion and economic growth • Ensure the highest standards of public protection; and • Ensure our digital transformation is responsive to all people’s needs and enable access to the services they need, through the delivery of an online digital solution.
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5 1.2 Aims & Objectives The aims and objectives of the Policy are to ensure that any licensable activity under the 2022 Order is carried out to safeguard hosts, operators and customers alike. Specific licensing and safety standards will be applied to all licence holders and applicants to ensure the safety of guests and neighbours. These aims will stipulate that the Policy for North Lanarkshire will be efficient, effective and proportionate. The Policy is adapted to consider local policies and takes into consideration the needs and circumstances of the local area. Section 2: Rationale of the Short Term Let Policy 2.1 Background The commencement of a regulatory framework for short-term lets was introduced by the Scottish Government in April 2019 which led to extensive consultation to develop suitable guidance on the licensing of short-term lets in Scotland in conjunction with local authorities, stakeholders and operators of short-term lets. The Short Term Lets in Scotland Licensing Scheme, Part 2 Supplementary Guidance for Licensing Authorities, Letting Agencies and Platforms (The Guidance) and was published in March 2022. This Guidance is designed to assist Council Officials to implement a licensing scheme in their area in line with the Scottish Government’s overall policy aims for the licensing of short-term lets. The Guidance also proposes that it is desirable for licensing authorities to work collaboratively with other licensing authorities to facilitate consistency in operational approach, where it is possible to do so; the aim being to tailor schemes to local needs, but to minimise unwarranted variation in the overall processes. 2.2. Consultation Following several desk-top surveys, undertaken over the previous year, it is estimated that there are approximately 150 to 250 short term lets in North Lanarkshire, with these numbers fluctuating, depending on the time of year. The consultation questionnaire and survey, contained in Appendix 1, were compiled to target hosts, operators, guests, neighbours and visitors to North Lanarkshire Council. The survey was intended to reflect the main parts of our short-term let policy and to allow members of the public and visitors to North Lanarkshire an opportunity to comment and contribute positively to the policy content. Section 3: Legal Framework 3.1 The Civic Government (Scotland) Act 1982 The Civic Government (Scotland) Act 1982 sets out the provisions for licensing of short-term lets and was given effect by the Civic Government (Scotland) Act 1982 (Licensing of Short- term Lets) Order 2022. 3.2 The Civic Government (Scotland) Act 1982 (Licensing of Short-term Lets) Order 2022 The 2022 Order was approved by the Scottish Parliament on 19 January 2022 coming into force on 1 March 2022. The effect of the Order is that from 1 October 2022, the use of accommodation for a short-term let is an activity for which a licence is required under the Civic Government (Scotland) Act 1982.
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6 3.3 Short-Term Let Definition Short-term let 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: • the guest does not use the accommodation as their only or principal home, • the short-term let is entered into for commercial consideration, • the guest is not: - an immediate family member of the host, - 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 - an owner or part-owner of the accommodation, • 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, • the accommodation is not excluded accommodation • the short-term let does not constitute an excluded tenancy The activity referred to in paragraph 3.3 above is a short-term let on or after 1 October 2022 and any accommodation that is on a single premises requires only one short-term let licence. 3.4 Definition of Guest and Host • “Guest” means a person who occupies accommodation under a short-term let, • “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. • “applicant” means the person making the application for the licence, normally the host or operator; and • “licence holder” means any one of the persons named on the licence application including, but not limited to, the host or operator. 3.5 Excluded Accommodation Excluded accommodation means accommodation which is, or is part of: • an aparthotel, • premises in respect of which a premises licence within the meaning of section 17 of the Licensing (Scotland) Act 2005 - a licence issued by a Licensing Board under section 26(1) or 47(2) authorising the sale of alcohol on the premises. • a hotel which has planning permission granted for use as a hotel, • a hostel, • residential accommodation where personal care is provided to residents, • a hospital or nursing home, • a residential school, college or training centre, • secure residential accommodation, • a refuge, • student accommodation, • accommodation which otherwise requires a licence for use for hire for overnight stays,
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7 • accommodation which is provided by the guest, • accommodation which is capable, without modification, of transporting guests to another location, • a bothy, or • accommodation owned by an employer and provided to an employee in terms of a contract of employment. Section 4: Short-Term Letting Policy Process 4.1 Short-Term Let Licence Types and Fees There are four types of licences available for short-term letting purposes, these being either; • Secondary letting - the letting of property where the host does not normally live, for example a second home that is let to guests • Home letting - using all or part of the hosts home for short-term lets, whilst the host is absent, an example of this could be whilst the host is on holiday • Home sharing - using all or part of the hosts home for short-term lets, whilst the host is present • Home letting and home sharing - operating short-term lets from the hosts home while they are living there and for periods when they are absent N.B. home sharing and home letting concern the use of the host or operator’s only or principal home whereas secondary letting makes use of a separate premises. Fees for Short-Term Let Licences are set out below: Secondary Letting £300 (up to 4 guests) £450 (5+ guests) Home Letting £300 (up to 4 guests) £450 (5+ guests) Home Sharing £300 (up to 4 guests) £450 (5+ guests) Home Letting and Home Sharing £300 (up to 4 guests) £450 (5+ guests)
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8 4.2 Licence duration and renewal The Council may grant a licence for a period of 3 years, whereupon expiry, the licence must be renewed. The 2022 Order allows the Council to renew licences for such periods as they see fit but must set out the circumstances in which they would use the power to set a licence period in excess of three years. The Scottish Government recommend that local authorities renew licences for a period of three years, unless they have good reasons to do otherwise. Licence duration will therefore be for a period of 3 years In the event of the death of a holder of a licence the 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. The Council may extend or further extend that period if satisfied that the extension is necessary for the purpose of winding up the deceased’s estate and that no other circumstances make it undesirable. 4.3 Temporary exemptions The Council may grant temporary exemptions to the requirement to have a licence, and this can be done for a specified single continuous period not exceeding 6 weeks in any period of 12 months. North Lanarkshire Council may issue temporary exemptions from the requirement to have a licence for certain occasions including where there is a large number of visitors over a short time period. The 6-week limit for a temporary exemption is a maximum, and not a default. The Council does not intend to have a policy on temporary exemptions and would not be supportive of such applications for the reasons that any property granted exemption from short-term letting licensing would not be subject to fit and proper checks nor would they be required to meet relevant safety standards. 4.4 Temporary licences Due to the level of assessment required, timeframes involved for processing and issuing temporary licences and the associated costs incurred for administering these types of licence, the Council do not intend to have a policy on temporary licences, nor does it intend to issue temporary licences. 4.5 Application Process All information relating to the application process will be held on a dedicated section on our website for the short-term let licensing scheme where hosts and operators can find all the information that they need to apply and comply with short-term licensing requirements. Information will include • links to Scottish Government guidance • fees for applications and renewals (and any other fees) • additional information and guidance about relevant policies, additional conditions or measures specific to the licensing authority area • the application form; and
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9 • how to make an appeal All applicants for the grant, variation and renewal of a short-term let licence, irrespective of the type of short-term licence being applied for (i.e. Secondary Letting, Home Letting, Home Sharing; or Home Letting and Home Sharing) must complete the licence application form and submit it to the Council for processing. In line with the Scottish Government Digital First programme and North Lanarkshire Council’s DigitalNL transition, we will be working in partnership with Quality in Tourism to deliver a straightforward process for licensing. This partnership Pilot is supported by the Scottish Government and by Scotland’s Housing Network Group and consists of the development of an online digital system that allows applicants to input and upload all relevant criteria where information will be held in a digital register. Residents and neighbours will be able to search the public register where they can find out whether a premises is licensed. Access to a public area of the website will be provided together with forms for online submissions, objections, appeals and complaints procedures. The Council will also have paper copies of the short-term let licensing application form, available upon request for people who cannot access the online portal. Support will be provided to these applicants and guidance provided on what documentation is required to be submitted to allow the application to be determined. Paper applications can be provided by contacting the Service details noted below: North Lanarkshire Council, Built Environment Team 2nd Floor, Civic Centre, Windmillhill Street Motherwell ML1 1AB Telephone: 01236 632377 Alternatively paper applications can be provided by sending requests by email to: PrivateSector@northlan.gov.uk 4.6 Neighbour Notification Applicants have responsibility for giving notice of an application for a new, or renewal of a short-term lets licence. Applicants are required to display a site notice at or near the premises so that it can be conveniently read by the public for a period of 21 days beginning with the date on which the application was submitted. A notice must state: • that an application has been made for a licence, • the main facts of the application • that objections and representations in relation to the application may be made to the Council, and
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10 • how to make objections or representations. Applicants are required to certify compliance that they have displayed the site notice as soon as possible after the 21 days has expired. This type of Notice will be provided by download on the Digital Portal or can be provided by means described in paragraph 4.5 above. 4.7 Objections and Representations Any objection received by the Council must specify the grounds for the objection. Any objection or representation relating to an application for the grant or renewal of a licence shall be considered by the Council if the objection or representation is: • in writing • specifies the grounds of the objection or the nature of the representation • specifies the name and address of the person making it • is signed by the person making the objection or on their behalf • was made within 28 days of whichever is the later 4.8 Consideration of Late Objections The Council may consider late objections if they are satisfied there is a sufficient reason as to why it was not made on time. Where the Council receives a late objection, they must satisfy themselves as to the sufficiency of the reason for lateness and explain why they have decided to consider the objection. 4.9 Determination of an Application Before making any determination regarding any application, Council officers will have due regard to Schedule 1 of the 1982 Act. The process is summarised below. Where the Council have accepted objections and representations by means of an electronic or written communication, an objection or representation is made and if it is sent: • to the authority by means of an electronic communication which complies with the determination, and • within the time specified as 28 days • The licensing authority shall send a copy of any relevant objection or representation to the applicant to whose application it relates. On receipt of any objection or representation, the council may make such reasonable inquiries as they think fit when considering the application and include the findings of these inquiries at any subsequent hearing. Where the Council intend to include the findings of any inquiries, they shall notify the applicant of that intention. The Council may, before reaching a final decision upon such an application, give the applicant and any person who has made a relevant objection or representation an opportunity to be heard and, shall, within such reasonable period (not being less than14 days) of the date of the hearing, notify the applicant and each such person of that date.
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11 The Council shall not reach a final decision upon such an application: • in relation to which a relevant objection or representation has been made to them or in relation to which they intend to take into account, and • in respect of which they have not given the applicant and any person who has made any such objection or representation an opportunity to be heard. The applicant may notify the Council in writing of his/her views on such objection or representation within such reasonable period (not being less than 7 days). The period referred to above shall begin with the date when the notification given by the Council is delivered to the person concerned and, when it is sent by post, it shall be treated as being delivered at the time when it might be expected to be delivered in the normal course of post. 4.10 Grounds for Refusing a Short-Term Let Licence The Council will refuse an application for a short-term let licence where it is not satisfied that the applicant is a fit and proper person. The Council may refuse an application for a short-term let licence if the property is shown to be unsafe, or, there are significant risks to safety and security. The Council shall refuse an application to grant or renew a licence if, in their opinion: • the applicant or, where the applicant is not a natural person, any director of it or partner in it or any other person responsible for its management, is either: - for the time being disqualified under section 7(6) of the 1982 Act, or - not a fit and proper person to be the holder of the licence • the activity would be managed by or carried on for the benefit of a person, other than the applicant, who would be refused the grant or renewal of such a licence if he/she made the application themselves. • where the licence applied for relates to an activity consisting of or including the use of premises and those premises are not suitable or convenient for the conduct of the activity having regard to: - the location, character or condition of the premises - the nature and extent of the proposed activity - the kind of persons likely to be in the premises - the possibility of undue public nuisance; or - public order or public safety; or • there is other good reason for refusing the application Where the Council have refused an application for the grant or renewal of a short-term let licence, they shall not, within one year of their refusal, entertain a subsequent application from the same applicant for the grant of the same kind of licence unless in their opinion there has been, since their refusal, a material change of circumstances. 4.11 Material Change in Circumstances Where there is a material change of circumstances affecting the holder of a short-term let licence, the holder of the licence shall, notify the Council of the change as soon as reasonably practicable after it has taken place.
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12 The holder of a short-term let licence shall not make or cause to be made, or permit there to be made, any material change in the premises without the prior consent of the Council. The Council, before considering whether or not to give their consent, shall be entitled to require the holder of the licence to furnish them with specifications, including plans, of the proposed changes. Before deciding whether or not to give their consent, the Council shall consult with the Chief Constable of Police Scotland and Scottish Fire and Rescue Service. 4.12 Timescale for Determining Applications Council officers will have 12 months to reach a decision on whether or not to grant a licence, following which, where no decision has been reached during that time period, the licence will be assumed to have been granted. The Council will consult with Building Standards, Planning, Police Scotland and Scottish Fire and Rescue Service when preparing and reviewing all applications. 4.13 Restriction on Successive Applications Where the Council have refused an application for the grant or renewal of a short-term let licence, they shall not, within one year of their refusal, entertain a subsequent application from the same applicant unless there has been, since their refusal, a material change of circumstances. 4.14 Refunds The Council will not refund any fees charged for processing the application or renewal if the application is refused. 4.15 Appeals Process The applicant and the person(s) making an objection/representation have a right of appeal to the Sheriff Court. However, they only have this right if they have taken every opportunity to state their case to the Council’s Regulatory Committee as has been made available. The Sheriff can uphold an appeal only if the Council has erred in law, based their determination on any incorrect material fact, acted contrary to natural justice or exercised their discretion in an unreasonable manner. Any appeal must be lodged by way of a summary application with the relevant Sheriff Clerk’s office within 28 days of the date of the decision appealed against. Parties should seek their own independent legal advice in relation to an appeal. 4.16 Planning and Building Standards Considerations. Planning permission is determined on a case-by-case basis. It is a mandatory condition of the licence that a host or operator has planning permission or has made an application for planning permission where their premises is in a designated short-term let control area, and that they are using the premises for secondary letting and which is a dwelling house. The Council does not propose to designate any Short-term Let Control areas at this time, but they may need further advice for any alterations being carried out or considered by the host or
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13 operator. Hosts and operators are, therefore, encouraged to engage with the Council’s planning department prior to submitting a licence application to confirm whether they require planning permission or a certificate of lawful use of development. Consultation with colleagues in Building Standards will be required to assess any Building Warrant applications or unverified works or conversions to property being used for the purpose of short-term letting. Section 5: Licence Conditions 5.1 Mandatory Conditions The 1982 Act and accompanying 2022 Order define a number of mandatory conditions that all short-term lets in Scotland must comply with. These conditions set out specific property condition standards and include related safety certification and documentation. A full list of these mandatory conditions can be viewed in Appendix II. 5.2 Additional conditions The Council may also impose other additional conditions. These additional conditions may include aspects related to antisocial behaviour, noise and nuisance, litter and refuse disposal, failure to maintain the property or contribute to the cost of any communal repairs or any unlawful activity. The Council have broad powers around which premises have additional conditions attached to them. Different additional conditions may be determined for different types of licence, for example a secondary let in a tenement flat. Any proposed additional conditions must be included on the licence documentation provided to the host or operator and published on the Council website outlining the criteria and the circumstances in which additional conditions will be applied. The Scottish Government have set out templates for local authorities who intend to adopt discretionary powers and conditions. Below is an example of how this would work in practice: Template additional condition 1. The licence holder must take reasonable steps to manage the premises in such a way as to seek to prevent and deal effectively with any antisocial behaviour by guests to anyone else in the short-term let and in the locality of the short-term let. 2. The licence holder must take reasonable steps to: • ensure that no disturbance or nuisance arises within or from the premises, for example by explaining the house rules to the guests • deal effectively with any disturbance or nuisance arising within or from the premises, as soon as reasonably practicable after the licence holder is made aware of it; and • ensure any vehicles belonging to guests are parked lawfully, for example explaining where any designated parking spaces are to be found and highlighting any local rules. The Council does not intend to include any other mandatory additional conditions as there is recourse to suitable legislation to allow the Council to deal with any local issues that arise as
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14 a result of a short-term let premises. However, this Policy will be subject to an ongoing review and should the need to adopt specific additional conditions be required, a full review of those circumstances will be undertaken. 5.3 Maximum Occupancy The mandatory licence condition specified in the 2022 Order states 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 information must be made clear on adverts, listings or booking terms and conditions. It is for the Council to stipulate the number of guests on the licence and several factors will be considered when calculating the maximum occupancy of a short-term let. These factors will include the number of guests specified, the number of rooms available and any layout plan of the property that has been requested. Where there are any discrepancies raised in relation to the maximum capacity of a property the Council will refer to the space standard and the room standard as set out under Section 135 of the Housing (Scotland) Act 1987, and this can be viewed in Appendix III. As part of the licensing process the Council and Scottish Fire and Rescue Service will undertake an assessment of the maximum number of guests that can be accommodated safely. The Scottish Government have advised that it is desirable for licensing authorities to ask applicants to submit (as part of their application) floor plan(s) for their premises indicating room sizes, fire escape routes and accommodation intended for guests with mobility impairment, indicating the location of any steps, stairs, elevators or lifts in the premises, as well as the extent and boundary of the building, if relevant. The Council will consider any licence application by means of a risk-based approach thus identifying those areas of non-compliance at the application stage. This will incorporate a checklist compiled by Scottish Fire and Rescue for the applicant to complete via NLC’s short- term letting portal/website and will include a examination of each application consisting of a documentation review. Any discrepancies or concerns noted at this stage will be escalated for further assessment/investigation and the applicant may be required to provide floor plans and any other details that may be requested to satisfy the Council. 5.4 Licence Numbers Applicants who have operated a short-term let prior to 1 October 2022 will be given a provisional licence number on submission of a licence application before 1 April 2023. This is to enable those hosts to continue to operate their short-term let while their application is being considered. Once the application has been determined the provisional number will cease to have effect and a unique licence number will be allocated. N.B. licensing authorities have until 31 March 2024 to complete this. Provisional licence numbers will not be issued to new hosts from 1 October 2022, or anyone applying after 1 April 2023, as they cannot operate whilst their application is being determined. The licence number will comprise of 8 characters, three of which are alphabetical (capital letters) and 5 of which are digits (D): For example: A1A2-DDDDD-A3 The leading two characters (A1A2) will identify the Council; North Lanarkshire Council will use NL.
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15 The 5 digits will be issued by each Council. The final character (A3) will denote the type of "licence" to be issued: P - Provisional licence number issued on receipt of a licence application F - First (full) licence R - Renewed licence For example: NL -00001 - P This number provided in the above example relates to a provisional licence (P) The format of the licence number alongside information contained in the public register, will allow anybody to identify the licensing authority who issued the licence, the type of short-term let to which the licence relates and the type of licence. Section 6: Enforcement and Compliance 6.1 Complaints Complaints are most likely to be received from neighbours and guests about the way that hosts and operators are managing their short-term lets. Complaints from neighbours may be about an actual, or suspected, short-term let. Where the Council receives a complaint, we will seek to try to resolve a complaint through engagement with the host or operator in the first instance. Complaints will be able to be received either online through the public portal or in writing to the Built Environment team (noted address below). Complaints may originate from a staying guest (during or after their stay), or neighbours for a variety of reasons, but each complaint will be handled in line with our current complaints policy. Whilst the Council recognises that some will be justified, some may be spurious or malicious. Malicious or spurious complaints will not be investigated. Inevitably the Council may need to direct some complaints to other internal Council Services, letting agencies, platforms, VisitScotland, Police Scotland or other bodies for further investigation, specifically matters relating to noise, antisocial behaviour or criminal activity. Complaints will be acknowledged within five working days and complainants will be kept up to date with the progress of their complaint; sometimes this may simply be advising them of the outcome. This response time will be factored into our complaints procedure but due to the complexity of some complaints this will not always be possible. A system of complaint coding will enable complaints to be directed via the online portal and via North Lanarkshire Council website which will enable relatively straightforward analysis of the types of complaints being generated, their location and their frequency. Complaints regarding any unlicensed short-term let will be recorded on the Council database and reported to Police Scotland for investigation. It is a criminal offence to carry on an activity for which a licence is required without having a licence and without reasonable excuse. Please be aware that the Council will not consider complaints in relation to the quality of a guest’s stay or any predetermined agreements between the guest and the host/operator as this is outside the scope of the licensing scheme.
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16 6.2 Enforcement The Council have the power to serve enforcement notices. Where complaints, visits to premises, or other information, suggest that any licence condition has been breached, we can require a licence holder to take appropriate action to deal with the contravention. This may be done by serving an enforcement notice. Such notices will set out the matters constituting a breach or a likely breach, the action required to rectify or prevent the breach and the date by which the action must be taken. Enforcement notices can also be served if a licence condition is considered likely to be breached, for example, a host or operator is advertising property with a maximum capacity of ten guests in breach of a licence condition specifying no more than eight. This would be evidenced in a listing or advertisement. Should satisfactory action not be taken by the required date(s) to address the issues set out in the notice, the Council have powers to vary, suspend or revoke a licence. 6.3 Monitoring and Compliance In considering matters of compliance, the Council will adopt a risk-based approach to ensuring licence holders adhere to the conditions of the licensing scheme. Any enforcement action will be considered on a case-by-case basis and will be approached in an informal capacity in the fist instance. There will be no fee for any routine visits undertaken to any short term let property, however any subsequent visits that are required due to non-compliance may incur a standard fee. Section 7: Variation, Suspension or Revocation of a Short Term Let Licence 7.1 Variation The Council may vary the terms of a licence on any grounds they think fit. They can do this at any time and can do this following an application made to them by the licence holder or of their own initiative. The Council may vary any short-term let licence without serving an enforcement notice if the seriousness of the breach justifies urgent action. Hosts and operators can appeal against being served with a notice of variation, suspension or revocation. Hosts and operators can take bookings and provide accommodation whilst they appeal a revocation or suspension, and they have 28 days in which to lodge an appeal with the Council. 7.2 Suspension or revocation Licensing authorities may order the suspension or revocation of a licence if the licence holder is no longer a fit and proper person to hold the licence. Suspension or revocation may also be instigated where the licence holder is managing the property on behalf of someone who would have been refused the grant or renewal of the licence or where the short-term let is causing or is likely to cause undue public nuisance or a threat to public order or public safety. Where the Council revokes a licence, no further application can be made by that host or operator in respect of that premises within one year of the date of revocation.
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17 7.3 Offences Associated with Short Term Lets There are a number of offences in relation to short-term letting. These offences are listed in Appendix IV. 7.4 Short Term Let Public Register Data sharing with the Scottish Government will be on a regular basis and will include the contents of the public register. This information will be sent to the Scottish Government on a quarterly basis and will include: • Date application determined • Licence expiry date • UPRN • Application outcome This information will allow for monitoring of application processing times, average length of time a licence is granted for, and common reasons for applications being refused in order to monitor and evaluate the policy. 7.5 Short Term Let Review Policy In the first instance the Council will set a period of continuous review of their Short Term Let Policy for a period of six months of the publishing date and then on an annual basis thereafter.
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Appendix I: North Lanarkshire Council Short-Term Let Survey: Summary Report (Survey period from 1 August 2022 to 1 September 2022) Q1 Which of the following apply to you? Answer choices: • Short-term let operator • Short-term let customer • Short-term let neighbour • Live in North Lanarkshire • Work in North Lanarkshire • Visitor to North Lanarkshire • Other (please specify)
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Q2 Below are the licence costs for a short-term let licence in North Lanarkshire. The licence will be renewable after 3 years Secondary Letting £300 (up to 4 guests) £450 (5+ guests) (The letting of property where you do not normally live, for example a second home that is let to guests) Home Letting £300 (up to 4 guests) £450 (5+ guests) (Using all or part of your own home for short-term letting purposes while you are absent from your home, for example whilst you are away on holiday) Home Sharing £300 (up to 4 guests) £450 (5+ guests) (Using all or part of your own home for short-term letting purposes while you are living there) Home Letting and Home Sharing £300 (up to 4 guests) £450 (5+ guests) (Using your property for short-term letting purposes while you are living there and when you are absent) Q2. Are these definitions clear and understandable? Answered: 72 Skipped: 2 11.11% 88.89% 0.00% 10.00% 20.00% 30.00% 40.00% 50.00% 60.00% 70.00% 80.00% 90.00% 100.00% No Yes Question 2 Responses
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Q3. Do you agree with the proposed licence cost? Answered: 73 Skipped: 1 Q4. The Council has the power to set additional conditions for short term let properties. All short term lets which are granted a licence will be required to comply with a set of mandatory licence conditions which apply across Scotland. Licence conditions set out a number of rules which the licence holder must comply with during the period in which the licence has effect. For example, conditions can be used to set out the maximum occupancy used as a short term let. Should the Council adopt additional conditions? Answered: 72 Skipped: 2 52.05% 47.95% 0.00% 10.00% 20.00% 30.00% 40.00% 50.00% 60.00% No Yes Question 2 Responses 15.28% 84.72% 0.00% 10.00% 20.00% 30.00% 40.00% 50.00% 60.00% 70.00% 80.00% 90.00% No Yes Question 4 Responses
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Q5 Which issues should the conditions cover? Answered: 72 Skipped: 2 13.89% 69.44% 75.00% 80.56% 81.94% 86.11% 90.28% 93.06% 0.00% 10.00% 20.00% 30.00% 40.00% 50.00% 60.00% 70.00% 80.00% 90.00% 100.00% Other (please specify) Damage or alteration to property Maximum occupancy Failure to maintain property Waste management Unlawful activity Noise Antisocial behaviour Question 5 Responses
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Q6 Temporary Licences: The Council can issue temporary short term let licences. A temporary licence may be granted for a continuous period of up to 6 weeks, or longer if a host or operator has also made an application for a full licence. Should temporary licences be introduced? Answered: 73 Skipped: 1 Q7 Should there be additional conditions for temporary licences (if they are introduced?) Answered: 70 Skipped: 4 58.90% 41.10% 0.00% 10.00% 20.00% 30.00% 40.00% 50.00% 60.00% 70.00% No Yes Question 6 Responses 30.00% 70.00% 0.00% 10.00% 20.00% 30.00% 40.00% 50.00% 60.00% 70.00% 80.00% No Yes Question 7 Responses
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Q8 What additional conditions should be included? Answered: 56 Skipped: 18 16.07% 69.64% 71.43% 78.57% 78.57% 87.50% 89.29% 89.29% 0.00% 20.00% 40.00% 60.00% 80.00% 100.00% Other (please specify) Damage or alteration to property Maximum occupancy Failure to maintain property Waste management Noise Unlawful activity Antisocial behaviour Question 8 Responses
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Q9 Temporary Exemptions: The Council can also issue temporary exemptions from the requirement to have a licence. The Council require to adopt a policy as to whether these will be allowed. A temporary exemption could be issued for a property for certain occasions where there is a large number of visitors to North Lanarkshire over a short period e.g., to support events or festivals. A Temporary Exemption would last for a single continuous period of up to six weeks in any period of 12 months. Should Temporary Exemptions be introduced? Answered: 70 Skipped: 4 Q10 Should similar conditions be attached to Temporary Exemptions? (If they are introduced) Answered: 68 Skipped: 6 61.43% 38.57% 0.00% 10.00% 20.00% 30.00% 40.00% 50.00% 60.00% 70.00% No Yes Question 9 Responses 23.53% 76.47% 0.00% 10.00% 20.00% 30.00% 40.00% 50.00% 60.00% 70.00% 80.00% 90.00% No Yes Question 10 Response
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Q11 What additional conditions should be attached? Answered: 55 Skipped: 19 Summary of Results: From the above results it can be seen that the majority of respondents to the short-term let survey reside in the North Lanarkshire area (87%), with the next highest group of participants working in North Lanarkshire (28%). Only a small minority of respondents (5%) were short- term let operators, with a further (7%) being short-term let neighbours. N.B. It should be noted that this question was set out as multiple choice and more than one answer was available for participants to choose, e.g., some participants may be living and working in NLC or may also be short-term operators and or neighbours. Questions 2 and 3 enquired as to whether or not the definitions of the different types of short- term lets where clear and understandable and whether or not they agreed with the proposed licencing fees. The majority of participants (89%) stated that the definitions were clear. With 12.73% 70.91% 74.55% 78.18% 80.00% 89.09% 89.09% 94.55% 0.00% 20.00% 40.00% 60.00% 80.00% 100.00% Other (please specify) Damage or alteration to property Maximum occupancy Failure to maintain property Waste management Unlawful activity Noise Antisocial behaviour Question 11 Responses
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regard to the proposed costs of a short-term let licence, 52% of participants disagreed with the Councils proposals to set the fees at £300 for up to 4 guests and £450 for 5 of more guests (regardless of the type of short-term licence), with 48% agreeing that the fees where acceptable. The Council has the power to set additional conditions for short term let properties. All short term lets which are granted a licence will be required to comply with a set of mandatory licence conditions which apply across Scotland. Licence conditions set out a number of rules which the licence holder must comply with during the period in which the licence has effect. For example, conditions can be used to set out additional conditions regarding noise and/or antisocial behaviour etc. Participants were asked if additional conditions should be included to short-term let licences in North Lanarkshire. Results show that 85% of responses were in favour of including additional conditions to any short-term let licence. Further analysis indicated that of the multiple-choice options antisocial behaviour and noise were the most important categories to be included as additional conditions. The Council has the power to issue temporary short term let licences, should it decide to adopt this option into the licensing scheme. A temporary licence may be granted for a continuous period of up to 6 weeks, or longer if a host or operator has also made an application for a full licence. Due to the number of checks required and costs that will be incurred the Council do not intend to issue temporary licences. From the survey, 59% agreed that temporary licences should not be introduced. However, should the decision be taken to include temporary licences in our short-term let policy, participants were asked if there should be additional conditions applicable to these types of licence. Many of the participants (70%) agreed that additional conditions should be applied to any temporary licences should they be adopted by the council. Further analysis indicated that of the multiple-choice options, antisocial behaviour and noise were the most important categories to be included as additional conditions. With regard to the question of temporary exemptions, the Council require to implement a policy as to whether these exemptions will be adopted into the licensing scheme. A temporary exemption could be issued for a property for certain occasions where there is a large number of visitors to North Lanarkshire over a short period e.g., to support events or festivals. A Temporary Exemption would last for a single continuous period of up to six weeks in any period of 12 months. Most participants (61%) responded that temporary exemptions should not be introduced. However, should the decision be taken to include temporary exemptions in our short-term let policy, participants were asked if there should be additional conditions applicable to these types of licence. The majority of participants (76%) again agreed that additional conditions should be applied to any temporary exemptions. Further analysis indicated that of the multiple- choice options, antisocial behaviour and noise were the most important categories to be included as additional conditions. N.B. The Council does not intend to have a policy on temporary exemptions and would not be supportive of such applications for the reasons that any property granted exemption from short-term letting licensing would not be subject to fit and proper checks nor would they be required to meet relevant safety standards. In summary, the results of this survey are indicative that members of the public are supportive of our intentions with regard to our overall policy for short term lets. The only deviation from this was in relation to the licensing fees, with a small majority, 52%, stating that licensing fees were too expensive and should be reduced.
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Appendix II North Lanarkshire Council Mandatory Short Term Let Licence Conditions. 1. Agents. 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. The holder of the licence may only offer the type of short-term let for which the licence has been granted. 3. Fire Safety. 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. 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. 4. Gas safety. 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. 5. Electrical safety. 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. 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. 6. Water safety: private water supplies. 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. 7. Water safety: legionella. 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. 8. Safety & repair standards. 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. 9. 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.
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10. Information to be displayed. 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. 11. 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 (“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. 12. Listings 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 short-term let licence. 13. Insurance 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. 14. Payment of fees The holder of the licence must pay any fees due to the licensing authority in respect of the licence on demand. 15. False or misleading information The holder of the licence must not provide any false or misleading information to the licensing authority. 16. Interpretation 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,
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(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, (v) if it is not reasonably practicable to examine its operating pressure or heat input (or, where necessary, both), its combustion performance, (vi) 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, “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.
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1 Appendix III: The Room and Space Standard Maximum Occupancy as defined under the Housing (Scotland) Act 1987 Section 135: Definition of overcrowding. A house is overcrowded for the purposes of this Part when the number of persons sleeping in the house is such as to contravene: (a) the standard specified in section 136 (the room standard), or (b) the standard specified in section 137 (the space standard) Section 136: The room standard. (1) The room standard is contravened when the number of persons sleeping in a house and the number of rooms available as sleeping accommodation is such that two persons of opposite sexes who are not living together as husband and wife must sleep in the same room. (2) For this purpose— (a) children under the age of 10 shall be left out of account, and (b) a room is available as sleeping accommodation if it is of a type normally used in the locality either as a bedroom or as a living room. Section 137: The space standard. (1) The space standard is contravened when the number of persons sleeping in a house is in excess of the permitted number, having regard to the number and floor area of the rooms of the house available as sleeping accommodation. (2 )For this purpose— (a) no account shall be taken of a child under the age of one and a child aged one or over but under 10 shall be reckoned as one-half of a unit, and (b) a room is available as sleeping accommodation if it is of a type normally used in the locality either as a living room or as a bedroom. (3) The permitted number of persons in relation to a house is whichever is the less of— (a) the number specified in Table I in relation to the number of rooms in the house available as sleeping accommodation, and (b) the aggregate for all such rooms in the house of the numbers specified in column 2 of Table II in relation to each room of the floor area specified in column 1. No account shall be taken for the purposes of either Table of a room having a floor area of less than 50 square feet.
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2 Table I Number of rooms Number of persons 1 2 2 3 3 5 4 7½ 5 or more 2 for each room Table II Floor area of room Number of persons 110 sq. ft. or more 2 90 sq. ft. or more but less than 110 sq. ft. 1½ 70 sq. ft. or more but less than 90 sq. ft. 1 50 sq. ft. or more but less than 70 sq. ft. ½ (4) The Secretary of State may prescribe the manner in which the floor area of a room is to be ascertained for the purposes of this section; and the regulations may provide for the exclusion from computation, or the bringing into computation at a reduced figure, of floor space in a part of the room which is of less than a specified height. (5) Regulations under subsection (4) shall be made by statutory instrument which shall be subject to annulment in pursuance of a resolution of either House of Parliament. (6) A certificate of the local authority stating the number and floor areas of the rooms in a house, and that the floor areas have been ascertained in the prescribed manner, is evidence for the purposes of legal proceedings of the facts stated in it. Section 140 Exception: children attaining age of 1 or 10. (1) Where a house which would not otherwise be overcrowded becomes overcrowded by reason of a child attaining the age of one or 10, the occupier does not commit an offence under section 139(1) (occupier causing or permitting overcrowding), so long as the condition in subsection (2) is met and the occupier does not fail to accept an offer of suitable alternative accommodation or to secure the removal of any person living in the house who is not a member of his family and whose removal is reasonably practicable. (2) The condition is that all the persons sleeping in the house are persons who were living there when the child attained that age and thereafter continuously live there, or children born after that date of any of those persons.
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Appendix IV: Offences Operating without a licence It is an offence, without reasonable excuse, to carry on an activity for which a licence is required without having such a licence. Depending on the activity, different punishments apply. The default is a fine not exceeding level 4 on the standard scale. Failing to comply with a licence condition It is an offence to fail to comply with a licence condition, though it is a defence to have used all due diligence to prevent the offence. The default is a fine not exceeding level 3 on the standard scale. Note that some mandatory conditions are also enforceable through other legislation. Hosts and operators must include an EPC rating in their listing where they are required to have a valid EPC certificate for the premises under building standards legislation. A host or operator who fails to hold a valid EPC certificate, where required to have one under building standards legislation, can be fined as follows as a minimum: • £500 for failing to hold a valid EPC certificate; and • £500 for failing to display a rating on any property listing. Failing to notify a change etc. It is an offence for a licence holder, without reasonable excuse, to: • fail to notify the licensing authority of a material change of circumstances (level 3 on the standard scale), • make or cause or permit to be made any material change in the premises (level 3 on the standard scale), • fail to deliver the licence to the licensing authority (level 1 on the standard scale). Making a false statement It is an offence to make a false statement in an application (level 4 on the standard scale). Level on the scale Maximum fine 1 £ 200 2 £ 500 3 £1,000 4 £2,500 5 £5,000
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North Lanarkshire Council Short Term Let Application Form Civic Government (Scotland) Act 1982 (Short Term Let Licensing) Order 2022
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Part 1 Introduction A licence for a Short-Term Let Licence (STL) is required for accommodation where the use of residential accommodation provided by a host in the course of business to a guest, or guests. A guest is treated as not using the accommodation as their only or principal home. Before lodging your application for a licence for a Short-Term Let please ensure that you have read the following guidance notes. 1.1 The application form cannot be accepted unless all sections are fully and accurately completed. 1.2 Where the applicant is an individual, the whole of question 3.1 must be completed. 1.3 Where the applicant is a corporate entity e.g. company, partnership, trust, or charity, the whole of question 3.2 must be completed. 1.4 The fee for a licence is £300 for up to 4 guests and £4501 for 5 or more guests. Licences are valid for a period of three years. 1.5 In certain circumstances, applicants may be required to submit floor plans of their premises to the local authority. This may be requested where certain fire safety aspects of the licensing conditions are not met, or where there are concerns regarding overcrowding or disabled access. Please be mindful that this list is not exhaustive. 1.6 Where alterations are required to the layout of the premises, it may be necessary to apply for a Building Warrant. For further information on building warrants, telephone Building Standards on 01236 812440 or e-mail buildingstandards@northlan.gov.uk 1.7 Planning Permission will only be required where a short term let is situated in a Short Term Let Control Area. North Lanarkshire Council Planning Department do not intend to designate any Short Term Let Control Areas at this time. For further information on planning applications and certificates of lawful use, telephone Planning on 01236 632500 or e-mail ESPlanning@northlan.gov.uk 1.8 The public notice ‘Notice for Displaying at Living Accommodation’ (contained in the Application Pack) requires to be completed and displayed at or near the premises where it can be conveniently read by the public from the public footpath, for a period of 21 days, starting on the day the application is lodged. 1.9 The ‘Certificate of Compliance’ (contained in the Application Pack) requires to be completed and returned to the Built Environment Section (address noted below) after the 21-day notice period is over. 1.10 Whilst processing the application, the following will be consulted: • North Lanarkshire Council Building Standards • North Lanarkshire Council Planning Department • Police Scotland • Scottish Fire & Rescue Service 1.11 A copy of the most recent gas safety certificate should be provided with the application. 1.12 A copy of the most recent certification in respect of oil, solid fuel or LPG installations or appliances should be provided with this application. 1.13 A copy of the most recent electrical safety certificates covering the installed system should be provided with the application. 1.14 A copy of the most recent PAT (Portable Appliance Test) report covering the inspection of portable electrical appliances should be provided with the application.
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N.B Please see STL Guidance Notes (contained in the Application Pack) for full details of the Application Process. 1 Please note that licence fees may be subject to change. 1.15 Proof of buildings insurance should be provided with the application. 1.16 Proof of public liability insurance should be provided with the application. 1.17 To lodge a licence application, the completed form, fee, and accompanying plans (where applicable) and documents listed under ‘Important Notes’ at the end of this application form should be sent to: Private Sector Enforcement Manager Built Environment, Civic Centre, Ground Floor Windmillhill Street, Motherwell ML1 1AB
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Part 2. Short Term Let Application Form. FEE’s For office use only. Up to Four (4) Guests ☐ £300 Date Rec’d Click or tap to enter a date. Five or more(5) Guests ☐ £450 Rec’d by Receipt No. Date Fee paid Click or tap to enter a date. 2.1 Application type. First Application ☐ New application (Where property has been used as licensed STL previously) ☐ Renewal ☐ First application* (existing operator) ☐ Change to existing licence ☐ *This option is only available for applications made on or before 1 April 2023 by existing operators (i.e., those operating the premises in which a licence is being applied for as a short-term let on or before 1 October 2023). NOTE: If you are applying to renew or alter your licence, please complete the following fields. If submitting a new application where the property has never been used as a licensed short-term let, please proceed to question 2: If you are submitting a new application where the property has been used as a licensed short-term let in the past, please complete the following fields. Previous existing Licence No.* Expiry date. 2.2 Licence type. Secondary Letting (The letting of property where you do not normally live, for example a second home that is let to guests) ☐ Home Letting (Using all or part of your own home for short-term letting purposes while you are absent from your home, for example whilst you are away on holiday) ☐ Home Sharing (Using all or part of your own home for short-term letting purposes while you are living there) ☐ Home Letting and Home Sharing (Using your property for short-term letting purposes while you are living there and when you are absent) ☐ 2.3 Permission from Owners If you do not own the property which is the subject of this licence application, do you have proof of permission from the owner(s): Yes No ☐ ☐ If you are applying for a change to your existing licence, please indicate the reason for your request in the box below: (e.g. a change of agent/day to day manager, changes to the property – e.g. an extension or any works that may require a building warranty to increase maximum occupancy).
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Part 3. Applicant Details. Are you applying as an individual or corporate entity? Individual ☐ Corporate Entity (Please go to Section 3.2.) ☐ 3.1. Individual To be completed if an individual. (Include ALL joint owners applying for the licence. [Continue on a separate sheet if necessary]. Principal Applicant Full Name (Incl. Title Mr/ Mrs/Ms/ Mx. etc) Date of Birth (dd/mm/yyyy) Place of Birth Home Address (Incl. Postcode) Email Address Home Tel. No. Mobile No. Joint Applicant 1. Full Name (Incl. Title Mr/ Mrs/Ms/ Mx. etc)) Date of Birth (dd/mm/yyyy) Place of Birth Home Address (Incl. Postcode) Email Address Home Tel. No. Mobile No. Joint Applicant 2. Full Name (Incl. Title Mr/ Mrs/Ms/ Mx. etc) Date of Birth (dd/mm/yyyy) Place of Birth Home Address (Incl. Postcode) Email Address Home Tel. No. Mobile No. Joint Applicant 3. Full Name (Incl. Title Mr/ Mrs/Ms/ Mx. etc) Date of Birth (dd/mm/yyyy) Place of Birth Home Address (Incl. Postcode) Email Address Home Tel. No. Mobile No.
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3.2. Corporate Entity (e.g. company, partnership, trust or charity) To be completed if NOT an individual. (e.g. Company, Partnership, Trust or Charity). Principal or registered office and contact details of the body and state the full name, private address and dates of birth of each of the directors, partners or other persons concerned in the management of the body. Principal person. Full Name of company or body. Address of principle or registered office (Incl. Postcode) Email Address Tel. No. Directors’/Partner/Trustee information 1. Full Name (Incl. Title Mr/ Mrs/Ms/ Mx. etc) Date of Birth (dd/mm/yyyy) Place of Birth Home Address (Incl. Postcode) Email Address Home Tel. No. Mobile No. Directors’/Partner/Trustee information 2. Full Name (Incl. Title Mr/ Mrs/Ms/ Mx. etc) Date of Birth (dd/mm/yyyy) Place of Birth Home Address (Incl. Postcode) Email Address Home Tel. No. Mobile No. Directors’/Partner/Trustee information 3. Full Name (Incl. Title Mr/ Mrs/Ms/ Mx. etc) Date of Birth (dd/mm/yyyy) Place of Birth Home Address (Incl. Postcode) Email Address Home Tel. No. Mobile No.
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3.3. Agents and Day to Day Managers. Applicants MUST declare any agent or day to day manager. The agents/day to day managers name will be recorded on the Short Term Let Licence and public register. Will an agent/day to day manager act for the applicant in relation to the short term let accommodation? Yes ☐ No ☐ If Yes complete Section 3.4 if an individual or 3.5 if a corporate entity below. 3.4 Agent/Day to Day Manager Details. Where the agent/day to day manager is an individual state the name, address, date of birth and contact details of the agent/individual. Principal Applicant Full Name (Incl. Title Mr/ Mrs/Ms/ Mx. etc) Date of Birth (dd/mm/yyyy) Place of Birth Home Address (Incl. Postcode) Email Address Home Tel. No. Mobile No. 3.5 Agent details for a Corporate Entity (e.g. company, partnership, trustee, charity etc). To be completed where Agent is NOT an individual. (e.g. a Company, Partnership, Trustee, Charity etc). Where the agent is not an individual person state the full name, address of principle or registered office and contact details of the body and the full name, private address and dates of birth of each of the directors, partners, trustees or other persons concerned in the management of the body. Use a separate sheet if required. Principal Applicant Full Name of company or body. Address of principle or registered office (Incl. Postcode) Email Address Office Tel. No. Directors’ /Partner/Trustee information 1. Full Name (Incl. Title Mr/ Mrs/Ms/ Mx. etc) Date of Birth (dd/mm/yyyy) Place of Birth Home Address (Incl. Postcode) Email Address Home Tel. No. Mobile No.
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Directors’/Partner/Trustee information 2. Full Name (Incl. Title Mr/ Mrs/Ms/ Mx. etc) Date of Birth (dd/mm/yyyy) Place of Birth Home Address (Incl. Postcode) Email Address Home Tel. No. Mobile No. Directors’/Partner/Trustee information 3. Full Name (Incl. Title Mr/ Mrs/Ms/ Mx. etc) Date of Birth (dd/mm/yyyy) Place of Birth Home Address (Incl. Postcode) Email Address Home Tel. No. Mobile No.
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Part 4. Premises information. To be completed by ALL categories of applicant. a) Address of premises to be used as a Short Term Let. (Incl. Postcode). b) Unique property reference number (If known). c) Description of accommodation. Flat ☐ Semi-Detached House ☐ Detached House ☐ Terraced House ☐ Unconventional Accommodation ☐ (e.g. Pod, Yurt, Static Caravan etc) d) No. of Bedrooms. (If home sharing) e) No. of Rooms/ Units. (If unconventional accommodation) f) No. of persons occupying the property at the date of this application? g) Proposed maximum No of occupants for which licence is being sought for the premises? h) EPC rating (If applicable). NOTE Not required for home sharing or unconventional accommodation. You may be required to submit a floor plan in order to verify the maximum number of occupants of your property (please see Section 1, note 1.5 of the Introduction) i) From the following options, please select the description that best describes your short term let. Self-catering. ☐ B & B. ☐ Guest House. ☐ Home Letting. ☐ Other form of home sharing ☐ (please describe below)
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Part 5. Criminal Convictions Information. To be completed by ALL categories of applicant. PLEASE ANSWER YES OR NO. Has anybody named on the application been convicted of any offence? Please include details of any unspent convictions in the table below: (An unspent conviction is a criminal conviction that is still within the constraints of the rehabilitation period. In other words, not enough time has elapsed for the offence to be considered spent). Yes. ☐ No. ☐ Name Date Court Offence Sentence PLEASE ANSWER YES OR NO. Have you ever applied for and been refused a Licence for the same or similar type of activity? Yes. ☐ If Yes when were you refused? Click or tap to enter a date. For which type of activity were you refused? No. ☐ Which authority refused you a licence/ activity?
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Part 6. Application Checklist. To be completed by ALL categories of applicant. NOTE. This checklist must be FULLY completed in order to submit your application. I have enclosed the following. (Please tick to confirm or enter N/A if not applicable). Correct application fee. ☐ Completed Fire Risk Assessment. (Please see separate SFRS Risk Assessment Information) ☐ Annual gas safety certificate (for premises with a gas supply). ☐ Enter date Valid to: Click or tap to enter a date. Electrical Installation Condition Report. ☐ Enter date Valid to: Click or tap to enter a date. Portable Appliance Testing Reports. ☐ Enter date Valid to: Click or tap to enter a date. Legionella Risk Assessment. (Please see separate Legionella Self-Assessment information) ☐ Planning permission. (Only for premises within a short term let control area or were requested by the licensing authority) ☐ Planning application reference number. Floor plan. (See part 1, note 5 of the introductory notes) ☐ EPC Certificate. (for premises which are dwellinghouses). ☐ Enter date Valid to: Click or tap to enter a date. Buildings Insurance. ☐ Enter date Valid to: Click or tap to enter a date. Public Liability Insurance. ☐ Enter date Valid to: Click or tap to enter a date. Proof of consent from owner (if applicable). ☐ Evidence of operation as a short-term let on or before 1 October 2023. (for existing hosts applying during the transitional period. Evidence may include a previous booking confirmation). ☐
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I have: Identified the owners and those involved in the day-to-day management of my premises. ☐ Ensured that to the best of my knowledge all those named on my application are fit and proper persons. ☐ Prepared information that will be available to guests at the premises including: ☐ (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. (f) a copy of the Portable Appliance Testing Report. Applied for planning permission (if required). ☐ Proof that furniture and furnishings/the furniture and furnishings guests have access to comply with fire safety regulations ☐ Read and understood the mandatory conditions that will apply to my licence ☐ Read and understood the additional conditions that will apply to my licence ☐ My premises: (Please tick to confirm) Meets current statutory guidance for provision of fire, smoke and heat detection ☐ Meets statutory guidance for carbon monoxide alarms ☐ Meets the required regulations for private water supplies (for premises with a private water supply i.e not provided by Scottish Water) ☐ Meets obligations with regard to the Tolerable and Repairing standard (applicable to dwellinghouses) ☐
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Part 7. Declaration. To be completed by ALL categories of applicant. NORTH LANARKSHIRE COUNCIL, AS LICENSING AUTHORITY, WILL USE INFORMATION IT HOLDS ABOUT YOU TO DETERMINE WHETHER YOU ARE A FIT AND PROPER PERSON TO OPERATE A SHORT-TERM LET. IN ADDITION, LICENSING AUTHORITIES TO WHICH YOU APPLY MAY SHARE RELEVANT INFORMATION THEY HOLD ABOUT YOU WITH ONE ANOTHER TO HELP THOSE AUTHORITIES DETERMINE WHETHER YOU ARE A FIT AND PROPER PERSON TO ACT AS A SHORT TERM LET OPERATOR, OR TO ACT FOR A SHORT TERM LET OPERATOR. THEY MAY ALSO SHARE AND SEEK RELEVANT INFORMATION WITH POLICE SCOTLAND AND, IF APPROPRIATE, OTHER RELEVANT AUTHORITIES. I DECLARE THAT I HAVE READ AND UNDERSTOOD THE MANDATORY CONDITIONS THAT APPLY TO SHORT-TERM LET LICENCES AND NORTH LANARKSHIRE COUNCIL STANDARD CONDITIONS. ☐ I WILL COMPLY WITH THE REQUIREMENT TO DISPLAY A SITE NOTICE IN ACCORDANCE WITH PARAGRAPH 2 OF SCHEDULE 1 OF THE CIVIC GOVERNMENT (SCOTLAND) ACT 1982 ☐ I DECLARE THAT THE INFORMATION GIVEN IN THIS APPLICATION IS CORRECT TO THE BEST OF MY KNOWLEDGE ☐ SIGNATURES ANYONE WHO KNOWINGLY PROVIDES FALSE OR MISLEADING INFORMATION IN AN APPLICATION MAY BE GUILTY OF AN OFFENCE, WHICH IS SUBJECT TO A LEVEL 4 FINE ON THE STANDARD SCALE. NOTE: (Where a Co-partnership, each partner should sign. If a corporate entity, please also state position of signatory. Print Name and position (If applicable) Signature Date THE INFORMATION SUPPLIED WILL BE USED FOR THE PURPOSES OF THIS APPLICATION AND IN ACCORDANCE WITH THE GENERAL DATA PROTECTION REGULATIONS 2018
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North Lanarkshire Council The Civic Government (Scotland) Act 1982(Licencing of Short term lets) Order 2022 Application for Short Term Let Licence. NOTICE FOR DISPLAY AT LIVING ACCOMMODATION Type of Licence. New Application. ☐ Renewal ☐ Home Sharing. ☐ Home Letting ☐ Home Sharing & Letting ☐ Secondary Letting ☐ NOTICE IS HEREBY GIVEN that application has been made on ___________________________to North Lanarkshire Council for a Short Term Let Licence in respect of living accommodation at:__________________________________________________________ BY: (a) Applicant. Any objections and representations in relation to the application may be made to North Lanarkshire Council per the Private Sector Enforcement Manager, Built Environment, Civic Centre, 2nd Floor, Windmillhill Street, Motherwell, ML1 1AB, generally within 21 days of the above- mentioned date. Objections and representations should be made in accordance with the below provisions, namely: Name. Address. (b) Day to day Manager/ Agent details. Name. Address.
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North Lanarkshire Council The Civic Government (Scotland) Act 1982(Licencing of Short term lets) Order 2022 Application for Short Term Let Licence. Certificate of Compliance. I _______________________________________________________________________ being the applicant for a Licence for a short Term Let, herby certify that a Notice has been displayed on or near to the living accommodation at: ________________________________________________________________________ From ______________________________________ To: ________________________________________ Containing such information as is required by Paragraph 2(2) of the Schedule 1 to the above Act and displayed so that it can be conveniently read by the public. *Where the said Notice was removed, obscured or defaced during this period, I took reasonable steps for its protection and replacement as follows: (give details and circumstances) Print Name Signature Date