Agenda Document Pack - Licensing Committee - 09/12/2024
Perth and Kinross Council · 9 December 2024
Back to Licensing Committee — 9 December 2024 and its agenda
Text extracted from the council's PDF. Layout and reading order may differ from the original.
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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 02/12/2024 A hybrid meeting of the Licensing Committee will be held in the Council Chamber on Monday, 09 December 2024 at 10:30. 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 Carol Mair Bailie Claire McLaren Councillor Willie Robertson Page 1 of 70
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Licensing Committee Monday, 09 December 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 4 NOVEMBER 2024 FOR APPROVAL (copy herewith) 5 - 6 4 GRANT OF A SHORT-TERM LET LICENCE - NEW OPERATION - CRAIGOWER VIEW, 44 FINLAY TERRACE, PITLOCHRY PH16 5EU Report by Strategic Lead - Legal and Governance (copy herewith 24/351) 7 - 20 5 GRANT OF A SHORT-TERM LET LICENCE - NEW OPERATION - BLUEBELL COTTAGE, 13 GREY ROW, RUTHVENFIELD PH1 3JR Report by Strategic Lead - Legal and Governance (copy herewith 24/352) 21 - 46 6 GRANT OF S SHORT-TERM LET LICENCE - NEW OPERATION - TAY BUNKHOUSE, OLD POST OFFICE, LOGIERAIT, PITLOCHRY PH9 0LH Report by Strategic Lead - Legal and Governance (copy herewith 24/353) 47 - 58 7 GRANT OF A SHORT-TERM LET LICENCE - NEW OPERATION - 11 SPECKLE PAR ROAD, HUNTINGTOWER, PERTH PH1 3XL Report by Strategic Lead - Legal and Governance (copy herewith 24/354) 59 - 70 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 TAXI/PRIVATE HIRE CAR DRIVER LICENCE - TD2344 Page 3 of 70
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• Exempt Reason 14 - Any action taken or to be taken in connection with the prevention, investigation or prosecution of crime. Page 4 of 70
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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 4 November 2024 at 1.00pm. Present: Bailies M Williamson and R Brock, Councillors K Allan, H Anderson, S Carr, A Chan, M Frampton, K Harvey, I MacPherson and C Mair. In Attendance: S Michie, M McLaren, D Rankine, A Taylor, S Dockerill and M Pasternak (all Legal & Governance). Apologies for Absence: Councillors B Brawn, W Robertson. Bailie M Williamson, Convener, Presiding. 1. WELCOME AND APOLOGIES The Convener welcomed all present to the meeting. Apologies for absence were noted as above. 2. DECLARATIONS OF INTEREST In terms of Councillors Code of Conduct Bailie M Williamson declared a non- financial interest in Item 5 and took no part in the discussion thereon. 3. MINUTES (i) Minute of Meeting of Licensing Committee of 19 September 2024 The minute of meeting of 19 September 2024 was approved as correct record. (ii) Minute of Meeting of Licensing Committee of 23 September 2024 The minute of meeting of 23 September 2024 was approved as correct record. THE COMMITTEE AGREED TO VARY THE ORDER OF THE BUSINESS TO TAKE ITEM 5 AT THIS POINT. 5. GRANT OF LATE HOURS CATERING LICENCE – LH149 There was submitted a report by Strategic Lead – Legal and Governance (24/304) in relation to Grant of Late Hours Catering Licence – LH149. The applicant attended the meeting, addressed the Committee and answered Members’ questions. FOLLOWING A SHORT ADJOURMENT, THE COMMITTEE RECONVENED 3 Page 5 of 70
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Resolved: Late Hours Catering Licence – LH149, be granted for a period of three years subject to an additional condition being added that no hot food will be sold beyond 1.00am on a Friday or Saturday. HAVING DECLARED AN INTEREST IN THE FOLLOWING ITEM, BAILIE WILLIAMSON WITHDREW FROM THE CHAMBER WITH VICE-CONVENER MACPHERSON TAKING ON THE ROLE OF CHAIR. 4. GRANT OF A SHORT-TERM LET LICENCE – NEW OPERATION – CRAIGOWER VIEW, 44 FINLAY TERRACE, PITLOCHRY, PH16 5EU There was submitted a report by Strategic Lead – Legal and Governance (24/265) along with two letters of objection in relation to Craigower View, 44 Finlay Terrace, Pitlochry, PH16 5EU. Mr and Mrs Anderson, objectors attended the meeting, addressed the Committee and answered Members’ questions. FOLLOWING A SHORT ADJOURMENT, THE COMMITTEE RECONVENED Resolved: Consideration of Grant of a Short-Term Let Licence for Craigower View, 44 Finlay Terrace, Pitlochry be deferred to the next meeting of the Committee scheduled to be held on 9 December 2024, to enable the applicant to attend. ~~~~ Page 6 of 70
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PERTH AND KINROSS COUNCIL – LICENSING COMMITTEE 9 December 2024 REPORT BY STRATEGIC LEAD – LEGAL AND GOVERNANCE TYPE OF APPLICATION Grant of a Short-Term Let Licence APPLICANT(S) Stephen Saint Provisional Licence Number: n/a PREMISES (if applicable) Craigower View, 44 Finlay Terrace, Pitlochry, Perth and Kinross, PH16 5EU THE APPLICATION Stephen Saint the sole Applicant, has applied for a three-year short- term let licence as a new host (not 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 semi-detached house. The Application is for that of a ‘home letting’ short-term let licence. The property has two bedrooms, and the Applicant has applied for a maximum capacity of four guests. The Day-to-Day Manager(s) for this application is Stephen Saint. Two letters of objection have been received with regards to this Application (see attached letters of objection). This application was first considered by the Licensing Committee on 19 September 2024 where the matter was deferred to the next Licensing Committee Meeting to be held on 4 November 2024. At the 4 November 2024 Licensing Committee Meeting the public objections were fully considered; a decision on the matter again was deferred to the following Licensing Committee Meeting, being 9 December 2024 to provide for the Applicant to attend at that Licensing Committee Meeting. 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. 4 Page 7 of 70
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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); 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 8 of 70
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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 9 of 70
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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 10 of 70
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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 11 of 70
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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 12 of 70
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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 13 of 70
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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 14 of 70
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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 15 of 70
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38 Finlay Terrace, Pitlochry, PH16 5EU. Perth and Kinross Council, Licensing Department, Legal Services, Pullar House, 35 Kinnoull Street, Perth, PH1 5GD. 15 June 2024. Dear Sir / Madam, Re: Public NoƟce of ApplicaƟon for Short-Term Let Licence - posted at 44 Finlay Terrace, Pitlochry, PH16 5EU on 7 June 2024. Applicant – Stephen Saint. We are wriƟng to object to the applicaƟon above which we believe will result in the property being used for holiday lets. Our objecƟon is based on the following points: 1. On 3 March 2022 we signed the Missives for our new property built by G. S. Brown. These stated that houses in the 8-home development ‘shall be used as private dwelling houses only and for no other purpose whatever’. We took this to mean that they could not be used as holiday rentals and this was confirmed when we were shown around the property by a G. S. Brown representaƟve. The applicaƟon would appear to break this condiƟon. (I have aƩached a photo of the relevant secƟon of our Title Sheet held by Scotland’s Land InformaƟon Service). 2. Three of the new houses were purchased as second homes (NOT 44 Finlay Terrace) and are used privately by their owners. However, we have heard that some owners are also considering using their properƟes as holiday lets. If one applicaƟon goes through others are more likely and the nature of our residenƟal area will change. 3. We are opposed to the property becoming a holiday let as it would change the nature of what was planned to be a residenƟal area – especially if other properƟes also changed to holiday lets. In addiƟon, Pitlochry is short of residenƟal homes and we believe that houses built as private dwellings should be used for that purpose. We look forward to receiving your response. Yours faithfully Graham Simpson Susan Connon 4 Page 19 of 70
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PERTH AND KINROSS COUNCIL – LICENSING COMMITTEE 9 December 2024 REPORT BY STRATEGIC LEAD – LEGAL AND GOVERNANCE TYPE OF APPLICATION Grant of a Short-Term Let Licence APPLICANT(S) Gail Taylor Provisional Licence Number: N/A PREMISES (if applicable) Bluebell Cottage, 13 Grey Row, Ruthvenfield PH1 3JR THE APPLICATION Gail Taylor, the sole Applicant, has applied for a three-year short- term let licence as a new host (not 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 self-contained flat. The Application is for that of secondary letting short-term let licence. The property has two bedrooms, and the Applicant has applied for a maximum capacity of four guests. The Day-to-Day Managers for this application are Gail Taylor and David Taylor Six letters of objection have been received with regards to this Application (see attached letters of objection). The Public Notice of Display has been re posted from 16 October 2024 to 14 November 2024. 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”); 5 Page 21 of 70
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• compliance/ability to comply with mandatory conditions (applicable to all short-term lets across Scotland) (copy attached); • 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 22 of 70
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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 23 of 70
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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 24 of 70
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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 25 of 70
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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 26 of 70
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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 27 of 70
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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 28 of 70
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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 29 of 70
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1 SPR STL From: Caroline Carter Sent: 31 August 2024 08:49 To: SPR STL Subject: 13 Grey Row Ruthvenfield - short term let application CAUTION: This email originated from an external organisafion. Do not follow guidance, click links, or open aftachments unless you have verified the sender and know the content is safe. Good morning, I am wrifing to express my concern regarding the short term let applicafion for number 13. Grey Row, is a row of 20 flats, ten on the ground floor and ten on the first floor. It’s one building, in a row. We are a small community, living in a relafively close space. Our gardens are allotment style, accessed via a lane behind the building. As such, the prospect of having strangers moving around our community space is disconcerfing and potenfially disrupfive. I believe that having number 13 as a short term let will negafively affect the character of our property and community. A key concern is the sepfic tank. Our properfies are old and so the pipes and sepfic tank are suscepfible to blockages. Visitors may not take the care needed and we are worried about issues that are likely to arise with inappropriate use. Signage in the bathroom may be proposed to mifigate this risk, but visitors will not necessarily adhere to signage. The road and sepfic tank system are private to the Row, it is our responsibility as the community for the upkeep. Unblocking the system is a parficularly unpleasant task, and potenfially expensive for us as residents. Lastly, I would like to highlight the locafion of the nofice; it was rather out of the way. It was located on a pole about 100 m from number 13. It was off the road, so to read it one needed to step up onto the grass verge. We could easily have missed this nofificafion. Regards, Dr Caroline Carter 15 Grey Row, Ruthvenfield 5 Page 31 of 70
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1 SPR STL From: Jane Hamilton Sent: 20 November 2024 00:25 To: SPR STL Subject: Replacement Objection to STL Application at 13 Grey Row, Ruthvenfield PH1 3JR Categories: 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. Hello, I am getting in touch to submit an replacement objection to the Short Term Let application for 13 Grey Row, Ruthvenfield, PH1 3JR. This is to replace an objection I submitted on 2 September as I have been advised by Karen Engelberts, Licensing Manager, that I cannot add to this first objection but should instead submit a replacement one. My objections to the short term let are as follows: 1) This is a residential area and small community with 22 properties (mostly flats) living in close proximity. It is not an appropriate area for a short term let. The flats are small and closely packed together. Issues with disruptions are likely and these will be felt by the other residents of the row, particularly those in the surrounding flats (our property included), and not by the owners of No.13 who do not live on the row. 2) We are concerned for our privacy and for that of other immediate neighbours. The properties on the row are compact terraced flats with shared access to gardens and shared parking. We are on the first floor but you can see into our house from the communal access areas for the properties. Number 13’s garden looks directly onto our bedroom and their driveway looks directly onto our home office. You can hear things between the properties and the gardens are closely compact. When you live here you learn to be considerate and how to respect your neighbour’s privacy but guests of a short term let will not know how to do that. The current owners of No. 13 do not appreciate this as they have never lived here. Frequent strangers coming and going to access a commercial property would have a significant impact on our privacy in our day-to-day life. 3) The sewer system for the properties consists of a shared, old and fragile sewer system and septic tank – this system can be easily damaged or blocked. It is expensive to maintain and care must be taken not to flush inappropriate items into this system. When the system blocks, the residents are the ones to sort these issues and pay for any damage. No amount of signage would ensure that unsupervised visitors use the system appropriately. The owners of No.13 do not live here, they do not live nearby, and would not be able to help with blockages which must be dealt with urgently. They have never helped with this system. Inappropriate items will end up flushed into the system and it will then be on the residents to fix this. Residents should not be liable for blockages of a communal system caused by commercial visitors at 13 Grey row and should not be liable for costs of damages either. There is no acceptable way forward on this - the property is not suitable for a short term let. 5 Page 33 of 70
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2 4) Similarly, there would be wear and tear on the privately maintained road. Residents pay into a joint fund to maintain the private road which services all 22 properties on the row, this fund pays for repairs and improvements. Other residents of the row should not be liable for the extra wear and tear from commercial visitors to 13 Grey Row. 5) We are concerned the value of our property (the flat above 13 Grey Row) would decrease if a short term let was operating below us. As stated previously, a short term let would likely cause disruption to other residents and impact privacy – this would make the property less desirable to buyers and would decrease its value. 6) A short term let would impact the character of the neighbourhood. There are no other short term lets or commercial properties or businesses in the immediate area which is a quiet neighbourhood on the outskirts of Perth. As already stated, this is a close-knit community living in a historic and listed buildings. The intrusion of a commercial business bringing people in and out of that community will inevitably change the character of the neighbourhood. 7) PKC is considering approval for a massive new development application in the area. A major justification for the development is that greater housing capacity is needed in Perthshire. If No. 13 was approved for a Short Term Let, this would be removing an affordable home in the area and turning it into a holiday let. It would be hypocritical on behalf of the council to approve development of prime agricultural land around Ruthvenfield and Huntingtower to increase housing capacity, only to then approve homes for commercial use in the same area. Perthshire does not need greater housing capacity - it needs fewer second homes and short term lets. Measures the council are currently taking to reduce second homes are completely insufficient and approving their use for short term lets only increases the incentive to own second homes in Perthshire. PKC should not approve any STL applications in the Ruthvenfield/Huntingtower area considering that this community and neighbourhood is bearing the brunt of new developments. 8) Affordable homes are difficult to find in Perthshire. Grey Row has affordable properties that are perfect for first term buyers, lower income households, small families and retirees. It is a well located area that is still affordable with both primary and secondary schools in the area - ideal for single parents or small families. By taking these properties out of the housing pool and moving them into private SLT, PKC would be exacerbating the shortage of affordable small properties in Perthshire, effectively depriving someone of an afforable home. 9) The loss of this residential accommodation would not be outweighed by any demonstrable economic benefits – indeed, there are not likely to be any economic benefits to the local area. The only people likely to benefit economically are the owners who do not live in the Perth and Kinross area. Number 13 Grey Row is clearly ineligible for a short term let by PKC’s own guidance on the matter – it would impact the character of the neighbourhood and result in the loss of a residential property with no benefit to the local community or local businesses. It would impact residents both in terms of causing disruptions and impacting privacy, reducing property values and almost certainly cause damages to the shared septic tank for the row. I hope these objections and those of my neighbours on Grey Row will be taken seriously and the application will be rejected. Kind regards, Page 34 of 70
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3 Jane Hamilton 14 Grey Row, Ruthvenfield, PH1 3JR Page 35 of 70
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1 SPR STL From: ingrid mcintosh Sent: 27 August 2024 21:39 To: SPR STL Subject: 13 Grey Row as airBnB 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. From Ingrid McIntosh, 16 Grey Row, Ruthvenfield Objection to using 13 Grey Row for short term lets. 1. A notice about the application to use 13 Grey Row for short term lets was apparently posted at the end of the road yesterday, 26th August. There was no notice at the premises themselves. I understand that the application was made to the council on 20th July I'm not clear about the rules for objections. Am I correct in assuming that there are now 28 days to object, from the notice being posted here on 26th August, rather than from 20th July. 2. We have a very old and temperamental drainage system and septic tank ( not mains drains). I would not trust unsupervised holiday visitors with no experience of septic tanks to treat it correctly. This could result in blockages which would affect all of us, and be costly to clear. 3. This is a quiet, residential, dead end road. It is very safe. A stream of strangers would cause anxiety. Ingrid McIntosh 5 Page 37 of 70
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1 SPR STL From: Brenda Pound Sent: 06 September 2024 14:09 To: SPR STL Cc: Development Management CAUTION: This email originated from an external organisafion. Do not follow guidance, click links, or open aftachments unless you have verified the sender and know the content is safe. Updated as requested to include the actual property that I am objecfing about (I thought it was on the reference above) It is Bluebell Coftage, number 13 - not a coftage it is a ground floor flat. Hi I am wrifing to object to an applicafion by Bluebell Coftage (number 13) I understand has been put in for a short term let. I thought we should receive a lefter but I have just found out that a nofice was put on a telephone pole within Grey Row but not easy to see or near the property in quesfion. Grey Row is a residenfial area that has a private road, allocated parking spaces and most importantly a sepfic tank. We are fully aware of the consequences if the rules are not followed with the sepfic tank as it is shared with not only our Row but also Tarry Row too. AIRBNB has not got the best reputafion for guest following the rules and to be in such close proximity of all residents we are worried this will go very badly for us going forward. We are worried the Row will get costly bills if things go wrong with this request for a short term let. It is also not what we understood the property had been purchased for. I live at 5 Grey Row and part of this local residenfial community. I would be grateful for a response and a rejecfion of this applicafion. Kind Regards Brenda Pound 5 Page 39 of 70
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1 SPR STL From: Mark Purrmann-Charles Sent: 27 August 2024 22:21 To: SPR STL Subject: Objection regarding 13 Grey Row, Ruthvenfield PH13JR STL Application 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 evening, I am getting in touch to object to the STL application for 13 Grey Row, Ruthvenfield, PH1 3JR. My objections are as follows: 1) Objection to the method of "public notification". A paper sheet with the application details inside a plastic sleeve has been installed on an out of the way electricity pylon nowhere near the property in question, probably between 80 - 100m away. Why is this not posted at the property seeking the application? There are plenty of good spots at the front of the property, why was this application notification not put there? The sheet can be easily missed where it is and after a day of being up is already getting wet in the rain and difficult to read. This is not giving residents proper notification. 2) This is a residential area and small community, short term lets are not appropriate. PKC is considering approval for a massive new development application in the area. A major justification for this development application is that new housing capacity is needed in Perthshire. How does removing an affordable home from the area and turning it into a holiday let fit into this and stand up to any scrutiny? This is clearly not appropriate and is absurd in the context of what is being proposed for the area. It would be laughable for PKC to approve any STL applications in the Ruthvenfield/Huntingtower area. 2) The sewer and shared septic tank system that serves all 22 properties on the row is incredibly fragile and no amount of signage is going to make short term, unsupervised visitors use it properly. Inappropriate items will be flushed and put into the system. Residents cannot be liable for blockages of a communal system created by commercial guests of 13 Grey Row. I don't see any acceptable way forward on this. 3) Wear and tear on privately maintained road. Residents pay into a joint fund to maintain the private road servicing all properties on the row and pay for repairs/improvements. 13 would be using the road for commercial reasons, other residents can not be expected to be liable for extra wear and tear from commercial visitors. 4) The grey row properties are old and very closely packed together tenemants. If there are issues with disruption, how is this resolved? Any disruption will be borne by residents, not by the owners of 13 who do not live in the community. 5 Page 41 of 70
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2 5) Affordable homes a few and far between in Perthshire. Grey Row properties are perfect for first time buyers or people without huge budgets looking for a well located area that is still affordable. Taking such a properties out of the housing pool and moving them into the private STL pool exacerbates the shortage of affordable 1/2 bedroom properties in Perthshire. Approving 13 Grey Row as a STL would increase the shortage and deprive a person or family of a home. I hope my objections will be noted, and that PKC will make the correct decision to reject this STL application. Kind regards, Mark Purrmann-Charles 14 Grey Row, Ruthvenfield, PH1 3JR Page 42 of 70
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1 SPR STL From: Kimberley Travers Sent: 27 August 2024 20:53 To: SPR STL Subject: Formal Objection to Short term let planning Attachments: 1000022967.jpg; 1000022965.jpg 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. To whom it may concern I wish to submit my formal objects to the proposed short term let planning for 13 GREY ROW RUTHVENFIELD PERTH PH13JR Submitted by MRS GAIL TAYLOR AND MR DAVID TAYLOR of 15 BAXTER ROAD CALDERWOOD EH53 OQF I believe this may be a late objection however myself and other residents in the street have only just been made aware of this planning by a piece of paper attached to a telephone pole put up yesterday. I will attach pictures of this. i believe this application has been put up in this way to deliberately deceive residents in hopes they didn't notice. I do believe the persons submitting this application have done so in an underhanded way to attempt leverage over the application process We had been given the impression by the owners of this property that it would purely be used for 'extended family use.' I wish to object for the following reasons - Disturbance (noise or other) to residence at home or in garden. The properties are small and noise tends to travel, we do not wish to be disturbed in our own homes. Considering this property is a flat and not a 'cottage' as the owners are trying to brand it as. There are multiple neighbours who will be affected by any excess noise generated from this holiday let.This is purely a residential area the noise and turnover would have significant impact on our homes every day. - Gardens, our gardens all border on to each other and out of respect we try to keep noise to a minimum. I believe this proposed planning would have a detrimental effect on residents being able to enjoy peace and privacy in their homes. -carparking, we already have very limited parking for residents. We have allocated spaces for our properties which is not always enough for multiple cars. We do not want our spaces being used nor the ends of the street being used as parking for multiple guests. We all contribute to the cost of maintenance for the road as it is for residential use only. - Our street is not connected to a mains drainage system, we use a septic tank which requires all residents to be mindful of what goes down our drains. Having careless short term users disposing of all sorts into the system will not only cause us catastrophic plumbing issues but cost as well. Our septic system is very old and we have to be so careful. Why should we have to make sacrifices for it to be ruined by non residents. 5 Page 43 of 70
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2 -There are MANY residents with dogs. We all try to be courteous and keep our dogs on leads in the shared areas. I do not wish to be harassed by short term resident dogs on my way to and from my door and car. -The properties are listed buildings and I believe having this sort of short term let will devalue the local area and properties. Its a quiet street with very little noise pollution. I strongly believe this short term let would have detrimental effects on the local amenity and character of the area. You are removing a potential first home for someone local and allowing non perth residents to make a profit. This short term let will place a significant burden on all aspects of our small street and rural community,negatively impacting the local area and residents Regards Kimberley Travers 10 GREY ROW RUTHVENFIELD PERTH PH13JR Page 44 of 70
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PERTH AND KINROSS COUNCIL – LICENSING COMMITTEE 9 December 2024 REPORT BY STRATEGIC LEAD – LEGAL AND GOVERNANCE TYPE OF APPLICATION Grant of a Short-Term Let Licence APPLICANT(S) George Yates and Ben Case Provisional Licence Number: n/a PREMISES (if applicable) Tay Bunkhouse, Old Post Office, Logierait, Pitlochry, Perth and Kinross, PH9 0LH THE APPLICATION George Yates and Ben Case (Tay Bunkhouse Ltd), joint Applicants, have applied for a three-year short-term let licence as (new hosts (not 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 three bedrooms, and the Applicants has applied for a maximum capacity of 10 guests. The Day-to-Day Managers for this application are George Yates and Ben Case (Tay Bunkhouse Ltd). One letter of representation has been received with regards to this Application (see attached letter of representation). 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”); 6 Page 47 of 70
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compliance/ability to comply with mandatory conditions (applicable to all short-term lets across Scotland) (copy attached); 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 48 of 70
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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 49 of 70
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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 50 of 70
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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 51 of 70
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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 52 of 70
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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 53 of 70
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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 54 of 70
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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 55 of 70
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1 SPR STL From: Jimmy McMenemie Sent: 03 September 2024 21:28 To: SPR STL Subject: The Old Post Office Logierait Perthshire Categories: 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. Dear I write to you, further to my telephone conversation with you today with regard to the application for a short term let licence from the company below. I was contacted yesterday by my neighbour with regard to the application of a Mr George Yates of Dunaird Coach House, St Marys Road, Birnam, Perthshire PH8 0BJ whose company The Canyoning Company/ Tay Bunkhouse Ltd, Company Number SC592957 owns and uses the Old Post Office in Logierait for a Stag Party, Hen Party wild house. The house is hardly fitting for a couple with perhaps one child, let alone parties of up to 14 people. These parties go on well into the early morning, the latest one was last weekend and went on until 3.30am to 4am, with shrieks, bottles breaking, swearing, loud music, car doors banging and if you dare to object you receive the most vile response,these parties have taken place regularly almost every weekend for the last 5 to 6 years. When I remarked to my neighbour that it would have been better if I had had a bit more notice from him about the application, he quietly remarked that the public notice was only put up a few days ago. (the end of September 2024). The public notice has been erected on the side of a garden shed in a private garden on the banks of the river where there is absolutely zero public access, and has only been up for a few days. This house is a public nuisance and the owners/proprietors of the Canyoning Company have no regard for the sleep quality or general well being of the residents of Logierait, they live in a peaceful, quiet residential area of Dunkeld. 12 miles away from this nightmare that they own. They have promised multiple times not to take any more large parties, but still actively promote and encourage these parties on their Website to this day. I have lost count of the sleepless nights and anxiety that we have all suffered in Logierait from the Canyoning Companies need to provide accommodation for their wild parties, they have absolutely zero empathy with other human beings and seem preoccupied with making money and having a good time. 6 Page 57 of 70
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2 I do wish that they would give us the residents of what was previously a quiet hamlet the same consideration. Please accept my apologies for the late letter of representation, it was only yesterday that the notice was brought to my attention. Yours sincerely Mr James D McMenemie The Logierait Inn Logierait PH90LJ Page 58 of 70
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PERTH AND KINROSS COUNCIL – LICENSING COMMITTEE 9 December 2024 REPORT BY HEAD OF LEGAL AND GOVERNANCE SERVICES TYPE OF APPLICATION Grant of a Short-Term Let Licence APPLICANT Keliane Xavier-Pereira and Gabriel Mathias Torrens-Martinez Provisional Licence Number: N/A PREMISES (if applicable) 11 Speckle Park Road, Huntingtower, Perth, Perth and Kinross, PH1 3XL THE APPLICATION Keliane Xavier-Pereira and Gabriel Mathias Torrens-Martinez, the joint Applicants, have applied for a three-year short-term let licence as new hosts (not 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 home letting short-term let licence. The property has three bedrooms, and the Applicants have applied for a maximum capacity of six guests. The Day-to-Day Manager for this application is Keliane Xavier- Pereira 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 7 Page 59 of 70
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(applicable to all short-term lets across Scotland) (copy attached); 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. 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:- Page 60 of 70
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(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 OPTIONS The Committee need to consider whether the objections 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. Page 61 of 70
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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). 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 62 of 70
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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, (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. Page 63 of 70
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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 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 Page 64 of 70
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(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, Page 65 of 70
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(e) any defect identified, (f) any action taken to remedy a defect, “Energy Performance Certificate” means a certificate which complies with regulation 6 of the Energy Performance of Buildings (Scotland) Regulations 2008), “gas safety report” means a report containing the following information - (a) the date on which the appliance or flue was checked, (b) the address of the premises at which the appliance or flue is installed, (c) a description of and the location of each appliance or flue checked, (d) any safety defect identified, (e) any remedial action taken, (f) confirmation that the check undertaken complies with the requirements of an examination of - (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, Page 66 of 70
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“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, “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 67 of 70
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1 SPR STL From: Lee Barron Sent: 07 October 2024 12:51 To: SPR STL Subject: Short Term Letting Objection Categories: 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 I would like to formally object to the Short Term Letting Notice of the property 11 Speckle Park Road, Huntingtower, PH1 3XL. There has been no indication from the owner of intent to do this other than the notice posted on the door since last week. I have a young family and we do not wish to have new strangers next door every other week using the property as a holiday home or "work away digs". We live on a new development and everyone has paid a lot of money to have their dream home and raise a family on this street. It is not in keeping with the location, character and condition of the area. If the intent is to use as Airbnb we will be subjected to new people next door all of the time and would not know who is next door and whether they are dangerous or not. We may be subjected to next door being used as a holiday home 365 days of the year or as somewhere for people working away. A short term letting next door may also affect interest and price of adjacent properties. I strongly urge you not to allow this Short Term Letting application stand and give clarity on what the intentions of the owner are. Best Regards Lee Barron 13 Speckle Park Road Huntingtower Perth PH1 3XL 7 Page 69 of 70
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