Agenda Document Pack - Licensing Committee - 27/08/2024
Perth and Kinross Council · 27 August 2024
Back to Licensing Committee — 27 August 2024 and its agenda
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Securing the future… Improving services Enhancing quality of life Making the best use of public resources Council Building 2 High Street Perth PH1 5PH 20/08/2024 A hybrid meeting of the Licensing Committee will be held in the Council Chambers (Hybrid) on Tuesday, 27 August 2024 at 10:00. If you have any queries please contact Committee Services on (01738) 475000 or email Committee@pkc.gov.uk. THOMAS GLEN Chief Executive Those attending the meeting are requested to ensure that all notifications are silent on their device and other devices are in silent mode. Please note that the meeting will be broadcast online and recorded. The recording will be publicly available on the Council’s website following the meeting. Members: Bailie Mike Williamson (Convener) Councillor Iain MacPherson (Vice-Convener) Councillor Keith Allan Councillor Hugh Anderson Councillor Bob Brawn Bailie Rhona Brock Councillor Steven Carr Councillor Andy Chan Councillor Michelle Frampton Councillor Ken Harvey Councillor Willie Robertson Councillor Grant Stewart Page 1 of 48
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Licensing Committee Tuesday, 27 August 2024 AGENDA MEMBERS ARE REMINDED OF THEIR OBLIGATION TO DECLARE ANY FINANCIAL OR NON-FINANCIAL INTEREST WHICH THEY MAY HAVE IN ANY ITEM ON THIS AGENDA IN ACCORDANCE WITH THE COUNCILLORS’ CODE OF CONDUCT. 1 WELCOME AND APOLOGIES 2 DECLARATIONS OF INTEREST 3 MINUTE OF MEETING OF LICENSING COMMITTEE OF 5 AUGUST 2024 FOR APPROVAL (copy herewith) 5 - 6 4 GRANT OF PUBLIC ENTERTAINMENT LICENCE PE449 Report by Strategic Lead - Legal and Governance (copy herewith 24/227) 7 - 20 5 GRANT OF A HOUSE OF MULTIPLE OCCUPATION LICENCE Report by Strategic Lead - Legal and Governance (copy herewith 24/228) 21 - 32 6 GRANT OF A SHORT TERM LET LICENCE - PROVISIONAL LICENCE NO. PK12297P Report by Strategic Lead - Legal and Governance (copy herewith 24/229) 33 - 48 IT IS RECOMMENDED THAT THE PUBLIC AND PRESS SHOULD BE EXCLUDED DURING CONSIDERATION OF THE FOLLOWING ITEM(S) IN ORDER TO AVOID THE DISCLOSURE OF INFORMATION WHICH IS EXEMPT IN TERMS OF SCHEDULE 7A TO THE LOCAL GOVERNMENT (SCOTLAND) ACT 1973 P1 GRANT OF A SHORT TERM LET LICENCE - PROVISIONAL LICENCE NO. PK11942P • Exempt Reason 14 - Any action taken or to be taken in connection with the prevention, investigation or prosecution of crime. P2 GRANT OF TAXI/PRIVATE HIRE CAR DRIVER LICENCE - TD2282 • Exempt Reason 14 - Any action taken or to be taken in connection with the prevention, investigation or prosecution of crime. Page 3 of 48
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LICENSING COMMITTEE Minute of hybrid meeting of the Licensing Committee held in the Council Chambers, 2 High Street, Perth, on Monday 5 August 2024 at 1.00pm. Present: Bailies M Williamson and Councillor I MacPherson, Bailie R Brock, Councillors K Allan, H Anderson, B Brawn, A Chan, M Frampton (from item 3 onwards), K Harvey and G Stewart. In Attendance: S Michie, M McLaren and K Molley, A Brown and S Dockerill (all Corporate and Democratic Services). Apology: Councillor S Carr. Bailie M Williamson, Convener, Presiding. 1. WELCOME AND APOLOGIES The Convener welcomed all present to the meeting. An apology for absence was noted as above. 2. DECLARATIONS OF INTEREST There were no Declarations of Interests made in terms of the Councillors Code of Conduct. 3. MINUTE OF MEETING OF THE LICENSING COMMITTEE OF 1 JULY 2024 FOR APPROVAL Minute of meeting of Licensing Committee of Licensing Committee of 1 July 2024 was submitted and approved as a correct record. COUNCILLOR M FRAMPTON ENTERED THE MEETING DURING THIS ITEM. 4. GRANT OF A SHORT TERM LET LICENCE – PROVISIONAL LICENCE NO. PK12361P There was submitted a report by Strategic Lead – Legal and Governance (24/211) along with three letters of objection in relation to Ard Taigh, Fearnan, Aberfeldy, PH15 2PF. Ms Melrose and Ms Donovan, objectors to the application, attended the meeting, addressed the Committee and answered Members’ questions. Mr Fitzpatrick and Ms Fu, the applicants, attended the meeting, addressed the Committee, and answered Members’ questions. FOLLOWING A SHORT ADJOURMENT, THE COMMITTEE RECONVENED. 3 Page 5 of 48
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Resolved: The application of a Short Term let Licence (Provisional Licence No. PK12361P) at Ard Taigh, Fearnan, Aberfeldy, PH15 2PF, be granted for a period of three years, subject to the additional conditions added that the licence holder must take reasonable steps to deal effectively with any disturbance or nuisance arising within or from the premises, as soon as practicable after the licence holder is made aware of it and that the garden ground to not be used by short-term let guests for the purpose of social gatherings after 10pm on each day. 5. GRANT OF A SHORT TERM LET LICENCE – PROVISIONAL LICENCE NO. PK13053P There was submitted a report by Strategic Lead – Legal and Governance (24/212) along with 5 letters of objection in relation to 3 Mount Tabor Avenue, Perth, Perth and Kinross, PH2 7BT. Mr Wiseman and Mrs Barker, objectors to the application, attended the meeting, addressed the Committee and answered Members’ questions. Mr I Alexander, Mr K Alexander and Mr S Alexander, the applicants, attended the meeting, addressed the Committee and answered Members’ questions. FOLLOWING A SHORT ADJOURNMENT, THE COMMITTEE RECONVENED. Resolved: The application for a Short Term Let Licence (Provisional Licence No. PK13053P) at 3 Mount Tabor Avenue, Perth, Perth and Kinross, PH2 7BT, be granted for period of three years, subject to an additional condition added that the licence holder must take reasonable steps to deal effectively with any disturbance or nuisance arising within or from the premises, as soon as practicable after the licence holder is made aware of it and that the garden ground to not be used by short-term let guests for the purpose of social gatherings after 10pm on each day. ~~~~ Page 6 of 48
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PERTH AND KINROSS COUNCIL – LICENSING COMMITTEE 27 AUGUST 2024 REPORT BY HEAD OF LEGAL AND GOVERNANCE SERVICES TYPE OF APPLICATION Grant of a Public Entertainment Licence APPLICANT JALY Concerts Ltd, 19 Seymour Terrace, Seymour Street, Liverpool, L3 5PE PREMISES Grounds of Scone Palace, Scone, Perthshire THE APPLICATION JALY Concerts Ltd has applied for a three-year Public Entertainment Licence to hold a music festival at Scone Palace from 14 to 15 September 2024. (See the site plan in Appendix 1 attached) There are draft licensing conditions (See Appendix 2 attached) that require the production of a safety management plans prior to 27 August 2024 which will individually address the key issues to ensure a safe event. The details of the management plans and dates for completion prior to the event are included in Table 1 of the draft licensing conditions.(See Appendix 2 attached) LEGAL POSITION The Civic Government (Scotland) Act 1982 provides grounds for refusal of a public entertainment licence. Any decision to refuse a public entertainment licence must be relevant to one or more the following grounds of refusal as detailed in the Civic Government (Scotland) Act 1982. A licensing authority must grant the application unless one of the grounds of refusal exists. If, in the opinion of the Committee, a ground of refusal exists then the application must be refused. The grounds of refusal are: - The activity to which the licence relates would be managed by or carried on for the benefit of a person, other than the applicant, who would be refused such a licence if they made the application. Where the licence relates to an activity consisting of or including the use of premises, those premises are not suitable or convenient for the conduct of the activity having regard to: the location, character or condition of the premises, vehicle or vessel; the nature and extent of the proposed activity; the kind of persons likely to be in the premises, vehicle or vessel; the possibility of undue public nuisance, public order or public safety; or there is other good reason for refusing the application. 4 Page 7 of 48
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In deciding whether or not to grant or renew a licence, the Council will consider each application on its own merits and will take into account the following: any Objections or Representations any other relevant considerations The Head of Legal and Governance Service has delegated powers under the Council’s Scheme of Administration to suspend the licence in terms of paragraph 12, Schedule 1 of the Civic Government (Scotland) Act 1982 where the carrying on of the activity to which the licence relates has caused or is likely to cause undue public nuisance, a threat to public order or public safety. Therefore, if there is any breach of the licensing condition prior to the event that could have an adverse impact on public safety, this would be reported to the Head of Legal and Governance Service who would decide whether the licence should be suspended. OPTIONS The Committee need to consider whether the objections received relate to the activity of a Public Entertainment Licence. The options open to the Committee are therefore to: grant the application. grant the application for a shorter period. refuse the application. if the Committee decides to grant the application, whether to add the attached conditions referred to in Appendix 2. PROCEDURE Identify parties. Applicant provides overview of event. Committee asks any questions of the applicants Representative from Perth & Kinross Council reports on behalf of the Safety Advisory Group The Committee asks any questions of the Perth & Kinross Council Representative. Applicant responds to any issues raised by the Perth & Kinross Council representative and sums up. The representative from Perth & Kinross Council sums up. Committee makes decision. Page 8 of 48
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Appendix 1 4 Page 9 of 48
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Appendix 2 DRAFT CONDITIONS FOR THE JALY MUSIC FESTIVAL, SCONE PALACE, PERTH 4 Page 11 of 48
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1 PLANNING AND ORGANISATION 1.1 These conditions are attached to the Public Entertainment Licence issued in terms of the Civic Government (Scotland) Act 1982 to ensure the Health, Safety, and Welfare of patrons, artists, crew, staff on site, and the wellbeing of the surrounding community. 1.2 The Licence Holder shall be fully conversant with the publication produced by The Health and Safety Executive “The Event Safety Guide – A Guide to Health, Safety, and Welfare at Music and Similar Events (HSG 195)”, the Purple Guide to Health, Safety and Welfare at Music and Other Events. All Fire Risk Assessments should comply with the Fire Scotland Act (2005) and Fire Scotland Regulations (2006). The Licence Holder shall at all times follow the guidance detailed therein unless subject to more specific requirements imposed by the Licence or imposed by virtue of any other enactment. 1.3 The Licence Holder shall have a primary and continuing obligation and responsibility to ensure the safety and health of all persons on the licensed site, both in normal and emergency situations, and shall take all necessary precautions to fulfill that obligation. 1.4 The granting of the Licence does not absolve the Licence Holder of any obligations he may have under other enactments and in particular the Health and Safety at Work Act 1974. 1.5 The Licence Holder shall take all necessary steps to inform any contractor, promoter, performer, or other person connected with, or involved with, the organisation of the event, of these conditions. It is the responsibility of the Licence Holder to ensure that any contractor, promoter, performer, or other person connected with the event does not breach, permit, or contribute to any breach of any term, condition, or restriction of this licence before, during, or after the event. 1.6 Except where otherwise stated all parts of the general Licence shall apply in respect of the car park. 1.7 The Licence Holder shall provide a copy of a Risk Assessment survey to the Head of Legal Services (and such other officers as may be required) regarding the entire site not less than 4 weeks prior to the commencement of the event. Page 12 of 48
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1.8 All officers of public authorities acting in the course of their duties and either in uniform or with the appropriate ID from that Authority together with an event pass, shall be permitted to enter the site or any part thereof at any time prior to, during or after the event for the purposes of inspection. They shall also be allowed to use such access or egress gates as are necessary if any urgent response is required. 1.9 The Licence Holder shall reach an agreement with all public authorities, including Police Scotland and Fire Scotland, prior to the event as to the reimbursement of costs incurred by the bodies in connection with duties undertaken in relation to the event and will include costs incurred, staff overtime, subsistence, and transport. 1.10 The Licence Holder shall reach an agreement with Police Scotland for such numbers of Police Officers to undertake duties in relation to the event as the Chief Constable considers necessary for securing the safety of persons present on the site or progressing to or from the site. 1.11 The Licence Holder shall be capable of being contacted by the Licensing Authority and Emergency Services throughout the duration of the event and 3 hours prior to the event. The Licence Holder shall always establish and maintain a communications link with the Emergency Services during the event and agree in writing with the Licensing Authority and Emergency Services a clear and effective system of communication, not later than 7 days prior to the commencement of the event. 1.12 The Licence Holder shall nominate specified staff to be available throughout the event to receive and respond to the requirements and notifications of any public authority. The Licence Holder shall appoint a suitably qualified and experienced person to act as the Event Safety Coordinator who will be responsible for:- (i) Liaising with sub-contractors to be employed at the venue to ascertain their competence. (ii) Assisting the Licensing Authority in the inspection of the venue before and during the event and in particular to meet with the Licensing Authority at specific times as detailed in Table 2. (iii) Assisting the Licensing Authority in the inspection of all structures and electrical services at the venue. Page 13 of 48
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(iv) Obtaining and checking all relevant risk assessments, safety policies, hand-over documentation, and Safety Certificates for submission to the Licensing Authority by the specified time. (v) Taking appropriate steps to ensure that any unsafe systems of work or the use of any unsafe equipment that is observed is halted until remedial action is taken. (vi) The Licence Holder’s own risk assessment. (vii) Liaising with representatives of the licensing authority, emergency services and other involved agencies. 1.13 The Licence Holder will:- (i) with the assistance of the relevant agencies detailed in Table 1 below, prepare a Safety Management Plan to include the activities detailed in Table 1 and all other relevant provisions to ensure the safety of the event, (ii) ensure that the Safety Management Plan is completed and agreed upon by all the relevant agencies involved in their preparation by 27 August 2024. (iii) comply with all duties reasonably placed upon them by the Safety Management Plan. Table 1 Relevant Agencies Activities Perth and Kinross Council Scottish Fire and Rescue Service Scottish Ambulance Service NHS Tayside Police Scotland Crowd Safety and management. Policing Security within and around the venue Preparing for contingencies. Perth and Kinross Council – Roads Authority Scottish Fire and Rescue Service Scottish Ambulance Service Travel & Transport arrangements. Page 14 of 48
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Relevant Agencies Activities Covered Scottish Ambulance Service NHS Tayside Perth and Kinross Council Medical provision Public Health Food Safety Health and Safety at Work including fire safety in concessions. Welfare and Advice Water Safety Perth and Kinross Council Toilet/facilities Drainage/sewerage Waste Management & Recycling Water supply and quality Perth and Kinross Council Noise management in relation to:- Music PA Systems Fairgrounds Perth and Kinross Council Fire Scotland Fire Safety Building Standards Safety and Structures Disability Access 1.14 The Licence Holder will obtain the necessary alcohol licence in terms of the Licensing (Scotland) Act 2005 with regard to the sale and supply of alcohol. 2 THE SITE 2.1 The Licence Holder or nominated representative shall be in charge and be present on the licensed site at all times members of the public are present. 2.2 The site comprises the area of ground delineated in the site map, which shall include the car parking area. 2.3 There shall be an on-site inspection of all facilities to be provided under the Licence Conditions at the times specified in Table 2. 2.4 Not less than 28 days prior to the commencement of the event, the Licence Holder shall provide to Fire Scotland, Police Scotland, and the Licensing Page 15 of 48
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Authority such numbers of sets of “Agreed Maps” in the appropriate grid format as they may require. The “Agreed” shall clearly show all parts of the site, including the areas used for car parking, all access and egress points (including emergency access and egress points), all emergency vehicle rendezvous points, on-site access roads, and fire points. The site boundary shall be clearly defined in the plan. 2.5 The Licence Holder will ensure that all facilities on site are adequately illuminated at night including information points, access routes from the car park, gates, and thoroughfares where hazards exist. Provision will be made for backup lighting in the event of failure. 2.6 Times of opening and musical entertainment in the arena is detailed in Table 3. 3 CROWD MANAGEMENT 3.1 The total attendance including ticket holders and guests during the whole period of the event should not exceed 8,000 on any day. 3.2 Admission shall be by ticket or by artist, crew, trader, or guest pass. The total ticket sales during the whole period of the event shall be as detailed in Table 4. Subject to written agreement with the Licensing Authority Notwithstanding this, the number to be agreed in advance with the Licensing Authority will not result in the occupant capacity specified in Condition 3.1 above being exceeded. The facilities required and means of escape will reflect any agreed increases in attendance. 3.3 No camping will be permitted in any fields used for the parking of vehicles. 4 ACCOMMODATION 4.1 The Licence Holder shall provide to the satisfaction of the Licensing Authority and Emergency Services a suitably equipped Emergency Liaison Centre to accommodate the representatives of the Emergency Services and Perth and Kinross Council responsible for the implementation of the Emergency Plan which meets with the appropriate requirements. 5 INSURANCE Page 16 of 48
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5.1 The Licence Holder shall maintain in force at all times during the period of the Public Entertainment Licence Public Liability Insurance in the amount of £10,000,000 for any one occurrence in respect of the site and Employer’s Liability Insurance with a minimum Indemnity Limit of £10,000,000 any one occurrence. 5.2 The policy should include Legal Liability for the actions/negligence of the Licence Holder’s sub-contractors. 5.3 The policy shall be exhibited to the Licensing Authority no later than 7 days prior to the commencement of the event. 5.4 The Head of Legal and Governance Services, in consultation with the Convenor of the Licensing Committee, will finalise any necessary adjustments to the licensing conditions prior to the 2024 event. 6 NOISE 6.1 The Licence Holder shall prepare and submit a noise management plan to Perth and Kinross Council prior to the event. The noise management plan should include the following information: the music noise level shall not exceed 65dBLAeq over any 15minute period during the performance, rehearsal or sound check up to 23:00, when measured outside the window of any dwelling house or other noise sensitive premises. 6.2 The Licence Holder shall nominate a contact person (or persons) who shall be present during the entire event to control noise levels and an undertaking given that should noise nuisance conditions occur, levels can be suitably adjusted on the request of an Officer from the Environmental Health Team or Police Officer. 7 DEFAULT 7.1 The Chief Constable, the Chief Fire Officer, the Senior Licensing Authority Officer, and the NHS Tayside Consultant in Public Health Medicine, or their respective authorised representative, shall be entitled to order termination of the event should the interests of the public safety so require. Without prejudice to the foregoing, any major default of these licensing conditions shall entitle the above-named persons to order termination of the event. In this connection “termination” may include a temporary suspension of Page 17 of 48
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whatever period the foregoing Officers may reasonably determine. Any such actions should be taken only following consultation with all public authorities and the Event Manager, before ordering such action. 8 COMMUNICATIONS 8.1 The Licence Holder shall provide a public address system which shall:- (i) be capable of broadcasting information in the event of an emergency. (ii) be capable of overriding any other system within the site, including live entertainment equipment. (iii) be clearly audible throughout the arena. (v) be controlled from a central position approved by the Licensing Authority and Emergency Services. Access to the central position will be available at all times to the Licensing Authority and Emergency Services. (vi) have a power supply which will ensure continuous operation of the system in the event of the failure of the main electricity supply. (vii) prior to the admission of the public onto the site all systems used for broadcasting information in the event of such an emergency shall be tested. Records of such tests shall be made available to Fire Scotland for verification. Page 18 of 48
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Table 2 Car Park Inspection Meeting Times: Saturday 14 September 2024 Prior to the car park opening Sunday 15 September 2024 Prior to the car park opening Arena Inspection Meeting Times: Saturday 14 September 2024 Prior to the Arena opening Sunday 15 September 2024 Prior to the Arena opening TABLE 3 Parking Areas may be open as follows: - Saturday 14 September 2024, 10.00 am until Sunday 15 September 2024, 11.00 pm. The Arena may open to the public as follows: Saturday 14 September 2024 12.00 noon until 10.00 pm Sunday 15 September 2024 12:00 noon until 10.00 pm Amplified Musical may operate as follows: Saturday 14 September 2024 12 noon until 10.00 pm Sunday 15 September 2024 12 noon until 10.00 pm Page 19 of 48
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TABLE 4 TICKET SALES 2023 Saturday 14 September 2024 8000 Sunday 15 September 2024 8000 Page 20 of 48
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PERTH AND KINROSS COUNCIL – LICENSING COMMITTEE 27 August 2024 REPORT BY STRATEGIC LEAD – LEGAL AND GOVERNANCE TYPE OF APPLICATION Grant of a House of Multiple Occupation Licence (HMO) APPLICANT(S) Taigh Baile Limited PREMISES (if applicable) 91 Glasgow Road, Perth, PH2 0PQ THE APPLICATION Taigh Baile Limited, the applicant, has applied for the renewal of a three-year HMO licence. The Application has been validated by Licensing Officers and was circulated for consultation. Police Scotland, Scottish Fire and Rescue, PKC Planning, Building Standards,and Environmental Health departments have stated they have no objections to the renewal of this application. The property is a semi-detached house with five bedrooms all en-suites, kitchen, dining room, living room, bathroom, and an additional toilet. The applicant has applied for a maximum occupancy of five. Two letters of objection have been received regarding this application (see attached letters of objection). LEGAL POSITION The Committee must refuse to grant an HMO licence if the applicant, any agent specified in the application and, where the applicant or agent is not an individual, any director, partner or other person concerned in the management of the applicant or agent: - (a) is disqualified from holding an HMO licence by the Court; or (b) the Committee considers that they are not a fit and proper person to be authorised to permit persons to occupy any living accommodation as an HMO. In addition, the Committee may grant an HMO licence only if it considers that the living accommodation concerned: - (a) is suitable for occupation as an HMO, or (b) can be made so suitable by including conditions in the HMO licence. 5 Page 21 of 48
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In determining whether any living accommodation is, or can be made to be, suitable for occupations an HMO, the Committee must consider: - (a) its location, (b) its condition, (c) any amenities it contains, (d) the type and number of persons likely to occupy it, (e) whether any rooms within it have been subdivided, (f) whether any rooms within it have been adapted and that has resulted in an alteration to the situation of the water and drainage pipes within it, (g) the safety and security of persons likely to occupy it, and (h) the possibility of undue public nuisance. OPTIONS The Committee need to consider whether the objections received relate to the activity of a House of Multiple Occupation Licence. The options open to the Committee are therefore to: grant the application; grant the application for a shorter period of time; grant the application with additional conditions; or refuse the application if one of the grounds for refusal exist. PROCEDURE Identify parties Consider any preliminary issues Members of the public speak to their objections Committee asks any questions to the objectors Applicant makes submission Committee asks any questions of the applicant Objectors sum up Applicant sum up Committee makes decision Page 22 of 48
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Annex A – Mandatory Conditions 1. The licence has been granted for 3 years or such shorter period as determined by the Council and is valid to the date shown on the licence. The licence must be made available for inspection on request by any authorised officer of Police Force of Scotland, Scottish Fire and Rescue Service, the Council or any member of the public. The licence must not be altered, erased or defaced in any way. 2. The licensed premises shall comply with Perth & Kinross Council’s “Standards for Shared Accommodation”. 3. If there is a material change of circumstance affecting the Licensee or the operation of the HMO, the Licensee must inform the Licensing Department as soon as possible. No alteration must be made to the property without the prior written consent of Perth & Kinross Council. 4. The granting of a licence requires the Licensee to give notice in writing to every occupier of premises in the same building and the occupiers of adjoining premises, advising them of the name of the Licensee or managing agent, a contact address, daytime telephone number and emergency telephone contact number. This condition of licence must be complied within 4 weeks of the issuing of a licence, and written documentation lodged with Perth & Kinross Council’s HMO Section verifying such. For the purposes of this condition, “common boundary” means any land or buildings which share a boundary with the land on which the licensed premises are situated or are on the opposite side from the licensed premises of any road, pathway or common area less than 20 meters in width. Where the licensed premises are in a sub-divided building, notification requires to be made to all other parts of that building, in addition to any land or buildings falling within the terms of the preceding sentence. Where any such adjoining buildings are themselves part of a sub-divided building, all parts of that building require to be notified. 5. Where appropriate, the Licensee shall comply with the Food Safety Act 1990, and any regulations thereunder. The Food Hygiene Regulations, The Heath and Safety at Work Act 1974, and any regulations thereunder and The Furniture and Furnishings (Fire) Safety Regulations 1988. 6. All licensed premises shall be provided with: i Adequate means of escape in case of fire. ii Adequate means of ensuring that the means of escape can be safely and effectively used at all times. iii Adequate and suitable fire-fighting equipment. iv An adequate fire alarm system. v An adequate number of smoke detectors and carbon monoxide detectors. vi An adequate number of Notices detailing procedures in the event of fire. Page 23 of 48
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Further information relating to this is contained in “Fire Safety – An Employers Guide” (ISBN 0-11-341229-0) 7. The equipment required to comply with these conditions shall be adequately maintained at all times, and it shall be the responsibility of the Licensee to ensure sufficient instructions are given to the residents of the licensed premises regarding the procedures to be followed in the event of a fire. 8. To ensure an adequate electric supply is maintained to the installed Fire Detection system, where credit card meters are in use, the Licensee will be responsible for ensuring that the meters remain in credit. 9. The use of the licensed premises must comply with the terms of any planning permission and/or listed building consent issued by Perth & Kinross Council. 10. The number of persons residing in the premises shall not exceed the maximum number stated on the licence. The use and occupancy levels of each room shall not be changed without the approval of Perth & Kinross Council. Any change may be subject to a variation fee. 11. The Licensee shall allow access to the premises at any reasonable time to the following officials for licensing purposes: i Any officer of Perth & Kinross Council. ii Any officer of Scottish Fire and Rescue Service. iii Any officer of the Police Force of Scotland. 12. The Licensee shall ensure that up to date records are maintained for all residents. These records shall be made available on request to officers of Perth & Kinross Council, and shall include the following details: i Each resident’s full name. ii Dates of entry and departure of each resident. iii Records of rental payments and arrears. 13. The Licensee shall comply with all relevant legislation affecting private sector residential tenancies – including Tolerable Standard and Repairing Standard. 14. Written occupancy agreements for each tenant must be provided and state what each person is responsible for and must meet with the approval of Perth & Kinross Council. Once approved, the occupancy agreement must not be altered unless the Licensee obtains further approval from Perth & Page 24 of 48
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Kinross Council. The tenancy agreement should also be made available in other languages if appropriate. 15. The Licensee will be responsible for the day to day running of the premises, and for ensuring that residents comply with the terms of their Lease/Tenancy Agreement and in particular to deal effectively with any anti-social behaviour by tenants to anyone else in the HMO or in the locality of the HMO. 16. Only rent books, occupancy records and tenancy agreements approved by the licensing authority shall be used. 17. Where rent is payable weekly, payments shall be recorded in a rent book, which will be retained by the resident. Otherwise, a written receipt of each rental payment shall be issued to residents. 18. From 2 July 2012 a landlord must apply to a Tenancy Deposit Scheme within 30 working days of the beginning of the tenancy if a sum of money is held as security in connection with a tenancy or an occupancy agreement. Further information on the current schemes can be found at www.pkc.gov.uk/housing/privatehousing/tenancydepositscheme. 19. The Licensee shall provide the tenant with confirmation of receipt of the deposit, confirmation of the date it was paid to an approved scheme, the name and contact details for the scheme holding the deposit, the address to which the deposit relates and the reasons why part or all of the deposit might be withheld at the end of the tenancy, with reference to the tenancy agreement. 20. Actions to secure repossession must only be by lawful means. 21. The Licensee shall be responsible for ensuring that all electrical installations are in accordance with the current IEE Wiring Regulations, and gas installations comply with the Gas Safety (Installation and Use) Regulations 1998. Gas and electrical appliances provided by the Licensee must be maintained in a safe and satisfactory condition. Tenant’s appliances should be in good repair, used for the intended purpose, and suitable for the intended purpose. 22. Liquefied Petroleum Gas (LPG)/heaters shall not be used or stored on the premises. 23. The Licensee shall comply with the current regulations regarding maximum re-sale prices of gas and electricity supplied, as appropriate. 24. The premises will be provided with adequate heating, lighting and ventilation in accordance with Approved Standards (Repairing Standard and Tolerable Standard). Page 25 of 48
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25. The Licensee should ensure that let rooms are fitted with a lever latch and secured with a suitable lock and thumb turn mechanism. 26. The building should be maintained in a reasonable state of repair, having regard to its age, type and location. Garden and refuse areas should also be adequately maintained. Where a HMO is in a shared building the licence holder must co-operate and participate in the general repair and maintenance of the building and the cleaning of common parts. 27. Adequate and suitable facilities must be provided for the storage and disposal of refuse. Where bins are provided to terraced and tenement property they must be clearly identified by flat or property address. The Licensee must ensure that the tenants utilise the bins provided and ensure that refuse or bins are placed out on collection day and that bins are returned to the bin storage area following collection. The licence holder should take reasonable steps to ensure that at the end of a tenancy or term-time, all tenants dispose of their rubbish responsibly when the tenant/s leave the premises. 28. The Licensee will ensure that resident’s mail is made available to residents on a daily basis. 29. The Licensee shall maintain comprehensive Building Insurance and Property Owner’s Liability Insurance in accordance with Perth and Kinross Council’s ‘Standards for Shared Accommodation’. 30. These shall be retained in the Tenants Information Folder where they can be conveniently read by residents. 31. The Licensee shall retain the licence and these conditions in the Tenants Information Folder within the premises where it can be conveniently read by residents. 32. The licensed premises shall be managed in accordance with the terms of Perth & Kinross Council Management Standards for Houses in Multiple Occupation Physical and Tenancy Standards. The Licensee or the appointed agent shall ensure that a copy of the “Tenant Information Folder” containing the prescribed information is available within the premises in an easily-accessible location at all times when there are persons in residence. The information shall be in the form submitted to, and approved by, the Licensing Department as part of the application process. Certification, e.g. Gas safety certificate, contained in the folder must be current. 33. All bathrooms and shower rooms should be provided with an IP44 rated light fitting. 34. Any chimneys/flues that are in use must be cleaned annually. Page 26 of 48
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To: Perth and Kinross Planning Dept. Re: Renewal of House of Multiple Occupation Licence at 91 Glasgow Road, Perth, PH20PQ. Name of Organisation, Committee or Individual, Taigh Baile Ltd., . Name of person responsible for application: In the summer of 2018, knocked on my door to inform m that he had bought the houses opposite mine, intending to use it as a House of Multiple Occupation because his son, who had recently left School, needed a place to live. He explained that the boy and his mother did not get on well, and if he were to live in the family home in , it would cause a great deal of friction so he sought a place, in a good district for his son to live in. Hence the house in Glasgow Rd. I had never heard of HMOs but when I researched them, I was very concerned about the kind of person who would live opposite me. My information was that the house, which had previously been used as a B & B – and it was very attractive at that time – would easily convert to a HMO but that the occupants had locks on their doors to give them privacy. I wondered at the time whether a similar property might not be available in and, in a lengthy and increasingly bitter correspondence with , he claimed that he had chosen Glasgow Road, Perth, because of its proximity to . He stated that he would have nothing to do with the running of the HMO because he had handed over management of it to , who manage properties over Perth and Kinross, Dundee and Angus. I discovered that had placed advertisements online oering accommodation to rent for vulnerable young people. I had heard anecdotal accounts of the problems neighbours of had experienced with occupants of having issues with drug addiction with all of its attendant problems and faced with them, and informed him that should this kind of problem arise with the people he was renting his property to, I should object to it in the strongest possible terms. I should also say that I discovered the initial notice that the property was to be used as a HMO accidentally because it had not been displayed facing Glasgow Road but on a side wall facing the front of the house. I asked neighbours on my side of the road and opposite if they had seen the notice. They had not. In fact, one neighbour was a who walked past the property twice a day on his way to and from the hospital and he had not seen the notice. By the time we had all 5 Page 27 of 48
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been acquainted with intentions, it was too late to place objections. I contacted the Social Work Dept. to tell them of our concerns but their response to our statements that despite Statutory Obligations, the Notice had not been clearly displayed so broke the law, was equivocal. We could do nothing and were extremely angry and frustrated. I must say that the HMO seems to manage the occupants well. I see their vehicles coming and going. One of the things I had insisted that oversaw was that the occupants had 24 hour, 7 days a week, including public holidays like Christmas Day and New Year supervision, to avoid possible problems. I think this has been organised. At the time of the initial application, my neighbours in numbers were elderly and vulnerable. The occupants of No 91 could see directly into my house, so I erected a fence to allow me a little privacy. Of course, since 2018, Covid restrictions made it diicult for us to see whether second application was displayed but I did see his third application which I am commenting on now. The house at 91, which when it was a B & B, fitted very well into the locality. It was well maintained, had lovely plans surrounding its parking area at the front and it was obviously lived in and cared for. Now, the house looks drab and uncared for. It is a locked-up and bare house which, apart from its neighbour at No. , is an unattractive addition to the houses in Glasgow Road. Properties in Glasgow Rd., Perth, are e-banded and part of the decision to apply this banding is the ambiance, the look of the properties which are residential, not institutional. 91 Glasgow Rd. falls short of this requirement. If this were not enough, The Lovat Hotel, a few doors up from us at has been used, or is still being used, to accommodate asylum seekers. Although it seems to b owned by Camlin (Lovat) Ltd., , it is being run, ostensibly, as a hotel, garishly painted and does not fit well into the residential area in which it is situated. Not only that, the people managing the hotel overfill their bins which sit at the edge of our access lane, Strathearn Tce. This is an ugly entrance to the lane and we know that this careless way of disposing of household rubbish has attracted rats. This combination of an unsightly HMO and a garish and poorly run hotel accommodating asylum seekers, is not in keeping with our residential area. It is the kind of thing which leads to the downgrading of an area. Both establishment are within a hundred yards or so of each other do our part of Glasgow Road, still at the moment a highly desirable area to live in, looks as if it is in decline. Our little area is being overload with problem occupants. Page 28 of 48
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We cannot do much about the Lovat Hotel, like so many in Perth, being used to accommodate asylum seekers but we should be able to challenge use of his premises as an HMO. Taigh Baile Ltd., is a property agency, a private limited company, (SC582425) which operates in the real estate sector, focussing on letting and operating own leased properties, (68209). It is marketed as such through Bringo.co.uk and I suggest that it could easily advertise the property on dierent letting arrangements, say revert it to a B & B. claims that he has bought the property for the benefit of his son and to pay the mortgage he must let out the other rooms in the property seems unlikely, because there must be suitable accommodation for his son in . For these reasons I oppose application to renew his license to use the house at 91 Glasgow Road, Perth, PH20PQ as a House of Multiple Occupation. Lovina Roe, 70 Glasgow Rd., Perth, PH20PG. Page 29 of 48
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From: Sent: Tuesday, July 9, 2024 1:53 PM To: Houses in Mulple Occupaon <HMO@pkc.gov.uk> Cc: Civic Licensing <civiclicensing@pkc.gov.uk> Subject: HMO Objecon 91 Glasgow Road PH2 0PQ CAUTION: This email originated from an external organisaon. Do not follow guidance, click links, or open aachments unless you have verified the sender and know the content is safe. Good aernoon, I would like to make an objecon to the applicaon that has been made for a HMO at 91 Glasgow Road, Perth, PH2 0PQ. Please from objecon reasons below; Overlooking/privacy concern; The property of 91 Glasgow Road is overlooking my property at . There is no fence or wall at the boom of the drive at 91 Glasgow Road, to prevent the inhabitants of 91 looking directly into my home. I have two teenage daughters and I understand that the residents of 91 Glasgow Road can be regarded as ‘vulnerable’ which may place my daughters at risk of unwanted aenon. One of my daughters suffers from and would be parcularly vulnerable to approaches of unwanted aenon from any of the residents across the road from us. My daughter room faces Glasgow Road and so there is nothing to stop residents of 91 infringing her privacy, and placing her in a state of alarm. Design, visual appearance and finishing materials; The building appears to be in an uncared for condion, the former garden/once parking area, when the building was a B&B is drab and bare which together with the next door building at which Dow snot seem to be inhabited in the normal way, makes it look instuonal. Glasgow Road property’s are E banded, which means that the owners maintain their properes to a very high standard internally and externally. The property at 91 reduces the ambiance of the area which is one of the major factors in lowering the standard of this end of Glasgow Road which is unacceptable. Regards, Claire Swan 72 Glasgow Road Perth PH2 0PG 5 Page 31 of 48
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PERTH AND KINROSS COUNCIL – LICENSING COMMITTEE 27 August 2024 REPORT BY STRATEGIC LEAD – LEGAL AND GOVERNANCE TYPE OF APPLICATION Grant of a Short-Term Let Licence APPLICANT(S) Neill Kinnell Provisional Licence Number: PK12297P PREMISES (if applicable) Bracklinn, Cuilc Brae, Pitlochry, Perth and Kinross, PH16 5QS THE APPLICATION Neil Kinnell, the sole Applicant, has applied for a three-year short- term let licence as an existing host (operating prior to 1 October 2022)]. The Application has been validated by Licensing Officers and was sent out for consultation. Police Scotland, Scottish Fire and Rescue Services, and PKC Planning Department have stated they have no objections to this application. The short term let property is a detached house. The Application is for that of a secondary letting short-term let licence. The property has four bedrooms, and the Applicant has applied for a maximum capacity of eight guests. The Day-to-Day Manager for this application is Neil Kinnell. One letter of objection has been received with regards to this Application (see attached letter of objection). RELEVANT LICENSING POLICIES The Council’s Short Term Let Policy was approved by the Licensing Committee on 22 September 2022. The Council’s Short-Term Lets Policy focuses on ensuring that an efficient, effective and proportionate licensing scheme is in place, which is customised to the needs and circumstances of the Council’s local area and supports applicants who wish to obtain a short-term let licence. The aims of the licensing scheme are: • to ensure all short-term lets are safe; • to facilitate licensing authorities in knowing and understanding what is happening in their area; and • to assist with handling complaints and address issues faced by neighbours effectively. In assessing an application for a short-term lets licence, the Council will consider: • the suitability of the person applying and that of the other people named on the application form (whether they are “fit and proper”); • compliance/ability to comply with mandatory conditions (applicable to all short-term lets across Scotland) (copy attached); 6 Page 33 of 48
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• compliance/ability to comply with any additional conditions that the Council might attach to the licence (either specific to the accommodation, or specific to short-term lets in Perth and Kinross); and • the suitability of the premises in the context of Perth and Kinross Council’s policies. The Council may vary the terms of a licence on any grounds they think fit and can do this at any time. This can be done following an application made to the Council by the licence holder on their own initiative. This could include adding further conditions to the licence. The Council will consult with the statutory consultees and any other parties it considers appropriate. Conditions attached to a Short-term Let Licence Mandatory Conditions Any Licence will be subject to Conditions. Under the 2022 Order, there are certain conditions which the Council must attach to a short-term let licence, irrespective of the type of short-term let granted, whether it is Secondary Letting, Home Letting, Home Sharing or Home Letting and Home Sharing. These are known as “mandatory conditions” and are detailed at Annex A. Please note that the Council has no power to amend these mandatory conditions. All applicants should ensure, prior to applying for a short-term let licence of any type that they are able to comply with the mandatory conditions attached to a licence. Applicants should also note that in term of listing their premises as a licensed short-term let, as required under mandatory condition 14, the listing must include the licence number provided by the Council and the 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. Page 34 of 48
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LEGAL POSITION The Civic Government (Scotland) Act 1982 provides grounds for refusal of a short-term let licence. Any decision to refuse a short- term let licence must be relevant to one or more the following grounds of refusal as detailed in the Civic Government (Scotland) Act 1982:- A licensing authority must grant the application unless one of the grounds of refusal exists. If, in the opinion of the Committee, a ground of refusal exists then the application must be refused. The grounds of refusal are:- (a) 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 – (i) for the time being disqualified under section 7(6) of this Act, or (ii) not a fit and proper person to be the holder of the licence; (b) the activity to which it relates 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 made the application him/herself; (c) where the licence applied for relates to an activity consisting of or including the use of premises, those premises are not suitable or convenient for the conduct of the activity having regard to – (i) the location, character or condition of the premises; (ii) the nature and extent of the proposed activity; (iii) the kind of persons likely to be in the premises; (iv) the possibility of undue public nuisance; or (v) public order or public safety; or (ca) the applicant would not be able to secure compliance with: (i) the mandatory licence conditions, and (ii) the standard conditions and any further conditions to which the licence is to be subject; (cb) the application does not contain the consent of the owners of the premises; or (d) there is other good reason for refusing the application; and otherwise shall grant the application. In deciding whether or not to grant or renew a Licence, the Council will consider each Application on its own merits and will take into account the following: • any Objections or Representations • this Licensing Policy Statement • any other relevant considerations Page 35 of 48
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OPTIONS The Committee need to consider whether the objection(s) received relate to the activity of a short term let licence. The options open to the Committee are therefore to: • grant the application; • grant the application for a shorter period of time; • grant the application with additional conditions; or • refuse the application if one of the grounds for refusal exist. PROCEDURE • Identify parties • Consider any preliminary issues • Members of the public speak to their representation(s)/objection(s) • Committee asks any questions to the objectors • Applicant makes submission • Committee asks any questions of the applicant • Objector/s sum up • Applicant sum up • Committee makes decision Page 36 of 48
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Annex A – Mandatory Conditions Mandatory conditions will be applied to all types of short-term let licences (as specified in schedule 3 of the Order) and Temporary Exemptions. The following are mandatory conditions and will apply to all licences issued:- Agents 1. Only those named as a holder of the licence can carry out the day to day management of the short- term let of the premises. Type of licence 2. The holder of the licence may only offer the type of short-term let for which the licence has been granted. Fire safety 3. The holder of the licence must ensure the premises has satisfactory equipment installed for detecting, and for giving warning of – (a) fire or suspected fire, and (b) the presence of carbon monoxide in a concentration that is hazardous to health. 4. 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(1). Gas safety 5. Where the premises has a gas supply - (a) the holder of the licence must arrange for an annual gas safety inspection of all gas pipes, flues and appliances in the premises, (b) if, after an annual inspection, any appliance does not meet the required safety standard, the holder of the licence must not allow a short-term let of the premises until the works necessary to bring the appliance to the required safety standard have been carried out. Electrical safety 6. Where there are electrical fittings or items within the parts of the premises which are for guest use, or to which the guests are permitted to have access, the holder of the licence must - (a) ensure that any electrical fittings and items are in - (i) a reasonable state of repair, and (ii) proper and safe working order, (b) arrange for an electrical safety inspection to be carried out by a competent person at least every five years or more frequently if directed by the competent person, Page 37 of 48
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(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. 7. 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. Water safety: private water supplies 8. Where the premises are served by a private water supply, the licence holder must comply with the requirements on the owners of private dwellings set out in the Water Intended for Human Consumption (Private Supplies) (Scotland) Regulations 2017. Water safety: legionella 9. The holder of the licence must assess the risk from exposure to legionella within the premises, whether or not the premises are served by a private water supply. Safety & repair standards 10. (1) The holder of the licence must take all reasonable steps to ensure the premises are safe for residential use. (2) Where the premises are subject to the requirements of Chapter 4 of Part 1 of the Housing (Scotland) Act 2006, the holder of the licence must ensure that the premises meet the repairing standard. Maximum Occupancy 11. The licence holder must ensure that the number of guests residing on the premises does not exceed the number specified in the licence. Information to be displayed 12. The holder of the licence must make the following information available within the premises in a place where it is accessible to all guests - (a) a certified copy of the licence and the licence conditions, (b) fire, gas and electrical safety information, (c) details of how to summon the assistance of emergency services, (d) a copy of the gas safety report, (e) a copy of the Electrical Installation Condition Report, and (f) a copy of the Portable Appliance Testing Report. Planning Permission 13. Where the premises is in a short-term let control area for the purposes of section 26B of the Town and Country Planning (Scotland) Act 1997(4) (“the 1997 Act”), the Page 38 of 48
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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. Listings 14. (1) The holder of the licence must ensure that any listing or advert (whether electronic or otherwise) for the short-term let of the premises includes - (a) the licence number, and (b) a valid Energy Performance Certificate rating if an Energy Performance Certificate is required for the premises, in accordance with the Energy Performance of Buildings (Scotland) Regulations 2008(5). (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. Insurance 15. The holder of the licence must ensure that there is in place for the premises - (a) valid buildings insurance for the duration of the licence, and (b) valid public liability insurance for the duration of each short-term let agreement. Payment of fees 16. The holder of the licence must pay any fees due to the licensing authority in respect of the licence on demand. False or misleading information 17. The holder of the licence must not provide any false or misleading information to the licensing authority. Interpretation 18. In this schedule - “Electrical Installation Condition Report” means a report containing the following information – (a) the date on which the inspection was carried out, (b) the address of the premises inspected, (c) the name, address and relevant qualifications of the person who carried out the inspection, (d) a description, and the location, of each installation, fixture, fitting and appliance inspected, (e) any defect identified, (f) any action taken to remedy a defect, Page 39 of 48
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“Energy Performance Certificate” means a certificate which complies with regulation 6 of the Energy Performance of Buildings (Scotland) Regulations 2008), “gas safety report” means a report containing the following information - (a) the date on which the appliance or flue was checked, (b) the address of the premises at which the appliance or flue is installed, (c) a description of and the location of each appliance or flue checked, (d) any safety defect identified, (e) any remedial action taken, (f) confirmation that the check undertaken complies with the requirements of an examination of - (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, (iv) if it is not reasonably practicable to examine its combustion performance, (v) its operation so as to ensure its safe functioning, (g) the name and signature of the individual carrying out the check, and (h) the registration number with which that individual, or that individual’s employer, is registered with a body approved by the Health and Safety Executive for the purposes of regulation 3(3) of the Gas Safety (Installation and Use) Regulations 1998(7), “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(8), “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, Page 40 of 48
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“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. Page 41 of 48
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1 SPR STL From: Neil Kinnell Sent: 19 August 2024 10:27 To: SPR STL Subject: Objection to Short Lets Application for Bracklin, Cuilc Brae, Pitlochry PH16 5QS - FS- Case-550186216. CAUTION: This email originated from an external organisation. Do not follow guidance, click links, or open attachments unless you have verified the sender and know the content is safe. Good Morning Karen/Sheena I refer to your e-mail notification of the 16th of July advising that my application for a short term let license has attracted an objection . Thank you for the opportunity to respond. In this regard I oƯer the following comments. . My neighbour , who resides at Caluna , states the house is not suitable for a business premises due to the quiet neighborhood . However , it is not any busier than it would be for a standard residential house and the short term let has been operating with no objections for the best part of 18 years. My neigbour, has made no attempt to contact me with regard to any issues, despite having my contact details. Neither have I been contacted by Police Scotland with regard to any issues. . Neither myself nor my agent from Home from Home Perthshire , have had any records of reports from police due to anti-social behaviour. The Council will be able to verify if my neighbour is being truthful in this matter by checking with Polic Scotland . In general the house is used by young families with children, hillwalkers or golfers. Very few people come to Pitlochry for Hen or Stag Parties and our agent at Home from Home Perthshire is very particular in making sure such groups are not booked in. It is in order to ensure such close management of the bookings that I decide to use a local booking agent instead of using the major platforms such as Air BnB or Booking.Com who are unable to apply the same degree of scrutiny in ensuring guests are suitable. I also went to the expense of getting CCTV installed to monitor the house and I have never picked up ant-social behaviour. . My neighbour states that people have moved due to this business. Quite frankly, this is a complete falasy. I have owned this property for 18 years and know everyone in the area who reside there and moved. In this regard , properties have changed hands due to residents passing away or houses becoming too big for them , or due to moving closer to relatives in old age. My neighbour moved to Caluna and has very little interaction with us and any other neighbours so his comments are without substance or credibility. . With regard to his concerns over parking the only person that regularly parks their car in front of my house is myself. The majority of guests park within the curtilage of the property, as can be demonstrated by CCTV recordings. For ease of access I’ve been parking in front of my house for 18 years and the road is more than wide enough to park easily. Even the Council refuse lorry has no problem negotiating the lane and turning despite my car being parked in front of the house. . I suspect my neighbour at Caluna may have an ulterior motive in raising this objection. I was granted planning permission for a domestic garage on my land adjacent to his property prior to my neighbour purchasing Caluna. Although the Reporting of Handling prepared by Perth and Kinross Council Planning Services states that the garage will in now way aƯect my neighbours amenity he has raised numerous complaints with Planning Services. It should be noted that for the sake of an easy life I have since suspended all works to construct the garage . I should be very grateful if the above matters could be set before the Committee considering my application for a Short-Term License. 6 Page 47 of 48
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2 I have received the date of the License Committee Meeting of Tuesday the 27th of August at 1pm . As recently discussed on the telephone I am abroad from this Wednesday for a holiday which was booked some time ago, attending the meeting remotely isn’t an option and I am finding it very diƯicult to send someone in my absence. I do feel it is very short notice and a bit unfair that I would not be able to get my points across. The worst scenario would be I withdraw my application and re-apply but would be obliged if you could send me the full consequences of this both on timescale for re-applying and financial etc. I will call into yourselves later today or tomorrow. Many Thanks Neil Neil S Kinnell Page 48 of 48