Democracy Spraffa

Agenda Document Pack - Licensing Committee - 30/01/2024

Perth and Kinross Council · 30 January 2024
Back to Licensing Committee — 30 January 2024 and its agenda

Text extracted from the council's PDF. Layout and reading order may differ from the original.

Original council PDF · Download plain text

Page 1

‘m a tu 
Securing the future… • Improving services 
• Enhancing quality of life • Making the best use of public
resources 
Council Building
2 High Street
Perth
PH1 5PH 
23/01/2024 
A special hybrid meeting of the Licensing Committee will be held in the Council
Chamber on Tuesday, 30 January 2024 at 09:30. 
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. 
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 Crawford Reid
Councillor Willie Robertson
Councillor Grant Stewart 
Page 1 of 46

Page 2

Page 2 of 46

Page 3

Licensing Committee 
Tuesday, 30 January 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 GRANT OF A SHORT TERM LET LICENCE - NEW OPERATION -
5 CRAIGOWER CRESCENT, PITLOCHRY
Report by Strategic Lead - Legal and Governance (copy herewith
24/34) 
5 - 20 
4 GRANT OF A SHORT TERM LET LICENCE - NEW OPERATION -
8 CRAIGOWER CRESCENT, PITLOCHRY
Report by Strategic Lead - Legal and Governance (copy herewith
24/35) 
21 - 38 
5 REVIEW OF CIVIC LICENSING FEES
Report by Strategic Lead - Legal and Governance (copy herewith
24/36) 
39 - 46 
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  SUSPENSION OF TAXI/PRIVATE HIRE CAR DRIVER LICENCE -
TD1258
• Exempt Reason 14 - Any action taken or to be taken in
connection with the prevention, investigation or prosecution of
crime. 
Page 3 of 46

Page 4

Page 4 of 46

Page 5

PERTH AND KINROSS COUNCIL – LICENSING COMMITTEE
30 January 2024
REPORT BY STRATEGIC LEAD – LEGAL AND GOVERNANCE
TYPE OF APPLICATION Grant of a Short-Term Let Licence
APPLICANT(S) John Seaton
Provisional Licence Number: None – New Operation
PREMISES (if applicable)  5 Craigower Crescent, Pitlochry, Perth And Kinross, PH16 5HS  
THE APPLICATION John Seaton, 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 Applicant’s property is a semi-detached house.  The Application
is for that of a ‘home letting’ short-term let licence. 
The property has three bedrooms for guests to sleep, and the
Applicant has applied for a maximum capacity of 5 guests. 
Two letters of objection have been received with regards to this
Application (see attached letters of objection).
RELEVANT LICENSING
POLICIES
The Council’s Short Term Let Policy was approved by the Licensing
Committee on 22 September 2022. 
The Council’s Short-Term Lets Policy focuses on ensuring that an
efficient, effective and proportionate licensing scheme is in place,
which is customised to the needs and circumstances of the
Council’s local area and supports applicants who wish to obtain a
short-term let licence. 
The aims of the licensing scheme are:  
 to ensure all short-term lets are safe;
 to facilitate licensing authorities in knowing and
understanding what is happening in their area; and
 to assist with handling complaints and address issues faced
by neighbours effectively. 
In assessing an application for a short-term lets licence, the
Council will consider: 
 the suitability of the person applying and that of the other
people named on the application form (whether they are “fit
and proper”);
 compliance/ability to comply with mandatory conditions
(applicable to all short-term lets across Scotland) (copy
attached);
 compliance/ability to comply with any additional conditions
that the Council might attach to the licence (either specific to
3
Page 5 of 46

Page 6

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 6 of 46

Page 7

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 7 of 46

Page 8

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 8 of 46

Page 9

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 9 of 46

Page 10

(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 10 of 46

Page 11

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 11 of 46

Page 12

“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 12 of 46

Page 13

“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 13 of 46

Page 14

Page 14 of 46

Page 15

1
Civic Licensing
From: sandra cameron
Sent: 18 September 2023 21:53
To: CDS STL
Subject: Objection to proposed short term let at 5 Craigower Crescent, Pitlochry, PH16 5HS
Follow Up Flag: Follow up
Flag Status: Completed
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
Re Short term let application for 5 Craigower Crescent, Pitlochry, PH16 5HS
We would like to give notice of our objection to the short term let application for the address above due to the
following reasons:
We have lived in our house for over 28 years and when we moved in it was a quiet, residential area which was a
main attraction for us.  We have had a family and enjoyed the peaceful neighbourhood throughout the years.  
We were not informed by the owner that he was going to host short term let guests, in what was, his parents’
house.
The owner and his wife, the manager to be of the business, do not live in this country.  They reside permanently in
Spain.  We do not have any contact information for them if there is any issue with future guests.
The house across the road from this house has been operating as a short term let since last October but the owner is
only now applying for their short term let licence.  Having 2 residential homes, in such close proximity to each other
and our home, being turned into short term lets is causing us a great deal of worry and stress.
There is a driveway at No 5 that can accommodate one car but as we have seen across the road, some guests arrive
in more than one vehicle.  
The influx of new cars that this may bring to the crescent is a danger to the numerous young children that play
round the crescent.  We already have cars of all sizes visiting the short term let across the road and the vets practice
nearby and more parked cars exacerbate the issue of safety for the children that are cycling and running about to
and from the nearby playpark.  The park has been very well used this summer and continues to be by the local
primary aged children and it is worrying to watch as they play with the increase of so many cars that we feel there is
an accident waiting to happen.
We have seen cars parked on the pavement which also poses a danger to pedestrians as there are elderly residents
along with young families.
We already hear the guests coming and going from across the road at all hours without concern for those who live
here.  We have also been informed by another neighbour of cannabis being used by guests at the other property.
We are concerned that the house may be used by Stag and Hen parties.
We feel that they don’t live in the town and therefore have no regard for other residents.
Pitlochry has a very high ratio of short term lets to residential properties and there is such a concern that there has
been a public consultation already.  We do not feel that there is any need for there to be any more.  We chose to
live away from the busy areas of town and do not want to feel worried by people coming and going without any
regard for the community.
Please see below the map of Craigower Crescent.  I have marked the two houses that are applying for short term let
licences so that you can see how close they are to each other in a small neighbourhood of 11 houses.  I have also
attached a photo from Google Maps Street View of the houses. 
Thank you
Mr Paul Cameron and Mrs Sandra Cameron,
7 Craigower Crescent
Pitlochry
3
Page 15 of 46

Page 16

2
PH16 5HS
Sent from Mail for Windows
Page 16 of 46

Page 17

1
Civic Licensing
From: john hayes
Sent: 15 September 2023 19:00
To: CDS STL
Subject: Representation ref short term let 5 Craigower Crescent Pitlochry PH165HS
Attachments: No 5.docx
Follow Up Flag: Follow up
Flag Status: Completed
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 Sir/Madam,
Please find attachment regarding our objection to the STL application for 5 Craigower Crescent Pitlochry.
Should you require any further information or clarification, please don't hesitate to ask.
Many thanks and kind regards,
John Hayes
10 Craigower Crescent, Pitlochry 
3
Page 17 of 46

Page 18

To Whom it may concern, 
In response to the short term let planning applicaƟon for 5 Craigower Crescent, Pitlochry
PH165HS, I wish to object to the granƟng of this licence for the reasons I hope to make
obvious below. My name is John Hayes of 10 Craigower Crescent, Pitlochry PH165HS and I
represent all who reside here. 
In the first instance, I wish to quesƟon the validity of the applicaƟon. Both the Applicant
address and the Day to Day manager/Agent address are both listed as the premises to be
let? My understanding is that both should list the primary residences of these people if
different. The Seaton’s are non-domiciled in the UK and their primary address of residence is
in Spain therefore I’m quite confused as I can’t imagine they will reside at No 5 Craigower
Crescent while they are leƫng the premises? Please advise. 
We ALREADY have a short term let operaƟng in the adjoining property next door to us and
No 5 Craigower is IMMEDIATELY opposite us. The term under siege comes to mind. In a
previous leƩer that we have sent you, we detailed the inconveniences of having such an
enterprise on our doorstep, constant requests for assistance, cigareƩe buƩs over the wall,
cannabis smoke, guests arguing, unveƩed strangers every two days etc. To have it once is
puniƟve, to have it twice is downright draconian. 
It is criƟcal that you understand that this is a 1950’s-built crescent of council houses, we
have one narrow street with eleven houses. Vehicle ownership was sporadic back when it
was designed and certainly not prolific among council estates. It is simply not designed for
the traffic it currently gets. Our street demographic today has elderly and infirm residents
and we at number 10 have three young children. Our road is the Southern access point for
the second biggest kids’ playpark in our town, colloquially known as the “Ambi” park as the
ambulance staƟon used be based here. The Ambulance staƟon has now been replaced with
the Veterinary Surgery, an essenƟal local service given the rural locaƟon of where we live but
this already draws risk for all. Emergency services for working animals and livestock bring
4x4’s through daily – and at pace. It is already a slalom with the long-term residents parking
their vehicles on the street but consider that recreaƟonal short term lets tend to bring
mulƟple vehicles to a site with families wanƟng to meet up due to the very nature of a
holiday, we already have this happening next door and to grant this licence will only bring
more traffic and greater risk to all. 
Ingress and egress to my property is already a nightmare. A very typical example can be seen 
in the below pictures I’ve taken, all in the last 15 minutes while I’ve been typing this leƩer.
Firstly on the leŌ we have some visitors for No 5 (the blue car on the leŌ is the cleaner’s car
for the short term let next door at No 8, note the vacant driveway) and secondly, on the
right we have a delivery for No 5. 
Page 18 of 46

Page 19

The owners of No 5 do not use their driveway for parking, preferring the street - fair enough,
but since their arrival back to the UK this summer to renovate their house for leƫng I
frequently need to ask tradesmen, family and visitors to No 5 if they can move their vehicles
so I can exit my driveway or so I can access my driveway to keep one less vehicle on the
street. I’m Ɵred of being asked “are you going anywhere for the next while?” Maybe I am,
maybe I’m not, but I’d sure prefer not to have to ask for permission. 
Why would you add to this? The kids simply cannot play on the street. 
The bigger picture: 
Who benefits?
Not I, but more importantly, not my community. It’s well documented that Pitlochry is
overserviced with short term lets (proporƟonally far more than even Edinburgh). AirBnB is
not a holiday company, it is an extracƟon industry that mines the established communiƟes
of this country. A very short walk in any direcƟon here and you can easily spot its impact,
bricked or gravelled low maintenance gardens devoid of any children’s toys and the tell-tale
key box on the door frame. A great current example is that my barber has been evicted to
the benefit of yet another absentee landlord who has seen a crowded marketplace and
declared “Me Too”. Four Ɵmes annual rent can easily be achieved here, local services ARE
being affected. There’s not a shop or hostelry in town that does not have a sign in the
Page 19 of 46

Page 20

window that says, “Staff wanted – Top rates paid” On the face of it, this looks great, but all of
these costs are passed on. Prices have gone so high from the tourist dollar that locals cannot
afford to use some local services. WaiƟng staff and hotel staff are now bussed in from
Dundee, Perth and SƟrling owing to a complete lack of housing stock due to short term lets.
AirBnB whole property lisƟngs per 100 properƟes (2022) - 36 lisƟngs from 100 properƟes,
we have the highest concentraƟon in the UK already.
Pitlochry at the last census had a populaƟon of 2880, this community is at breaking point
due to this phenomenon. The granƟng of more licences is not the answer! 
Poor planning choices obviously leave a disastrous legacy, local long-term housing stock is
already just a memory. There is no new build in Pitlochry and anything that has been built in
the past few years has been a sporadic 4 or 8 plots, incapable of even scratching at the
demand and none of it has been remotely affordable. A look in any of the 3 estate agents
windows in our town fills me with dread. My children will never be able to afford to live
where they grow up or at least it becomes far more unlikely with each short Ɵme let licence
granted. Please consider that where we live is the (relaƟvely) more affordable part of our
town where properƟes do churn and people historically begin their first step on the property
ladder …. EXACTLY as both the landlords applying for these licences on our street did. If
granted, these licences remove two vital steppingstones from our community and turn them
to commercial assets, to all intents and purposes, a re-zoning.   
In all of this, the part I find completely odd is that we have never been approached by any
applicant for our experiences or opinions on living next to a short term let, what works, what
doesn’t, how could things be beƩer and more harmonious?? I understand that there is no
obligaƟon on an applicant to do so but I would consider this not just a courtesy that costs
nothing but basic due diligence for a business venture, if only to miƟgate for any objecƟons
such as this. With this somewhat lack of consideraƟon for the residents and the applicant
being resident abroad, I really struggle to find confidence that when issues arise, they will be
dealt with in a Ɵmely and saƟsfactory manner should this licence be granted. 
Many thanks for taking the Ɵme to read this, 
Kind regards,
John, Joan, Eva, Orla, Flora
Page 20 of 46

Page 21

PERTH AND KINROSS COUNCIL – LICENSING COMMITTEE
30 January 2024
REPORT BY STRATEGIC LEAD – LEGAL AND GOVERNANCE
TYPE OF APPLICATION Grant of a Short-Term Let Licence
APPLICANT(S) Florina Inceu
Provisional Licence Number: None – New Operation
PREMISES (if applicable)  8 Craigower Crescent, Pitlochry, Perth And Kinross, PH16 5HS  
THE APPLICATION Florina Inceu, 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 Applicant’s property is a semi-detached house.  The Application
is for that of a ‘secondary letting’ short-term let licence. 
The property has two bedrooms for guests to sleep, and the
Applicant has applied for a maximum capacity of 4 guests. 
Two letters of objection have been received with regards to this
Application (see attached letters of objection).
RELEVANT LICENSING
POLICIES
The Council’s Short Term Let Policy was approved by the Licensing
Committee on 22 September 2022. 
The Council’s Short-Term Lets Policy focuses on ensuring that an
efficient, effective and proportionate licensing scheme is in place,
which is customised to the needs and circumstances of the
Council’s local area and supports applicants who wish to obtain a
short-term let licence. 
The aims of the licensing scheme are:  
 to ensure all short-term lets are safe;
 to facilitate licensing authorities in knowing and
understanding what is happening in their area; and
 to assist with handling complaints and address issues faced
by neighbours effectively. 
In assessing an application for a short-term lets licence, the
Council will consider: 
 the suitability of the person applying and that of the other
people named on the application form (whether they are “fit
and proper”);
 compliance/ability to comply with mandatory conditions
(applicable to all short-term lets across Scotland) (copy
attached);
 compliance/ability to comply with any additional conditions
that the Council might attach to the licence (either specific to
4
Page 21 of 46

Page 22

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 46

Page 23

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 46

Page 24

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 46

Page 25

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 46

Page 26

(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 46

Page 27

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 46

Page 28

“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 46

Page 29

“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 46

Page 30

Page 30 of 46

Page 31

1
Civic Licensing
From: sandra cameron
Sent: 12 September 2023 19:48
To: CDS STL
Subject: Objection to proposed short term let at 8 Craigower Crescent, Pitlochry, PH16 5HS
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
Re Short term let application for 8 Craigower Crescent, Pitlochry, PH16 5HS
We would like to give notice of our objection to the short term let application for the address above due to the
following reasons:
We have lived in our house for over 28 years and when we moved in it was a quiet, residential area which was a
main attraction for us.  We have had a family and enjoyed the peaceful neighbourhood throughout the years.  
We were not informed by the owner that she was leaving and starting to host Airbnb guests.  It was after a couple of
weeks that we realised that there was a lot of new cars and activity at No 8.  
The influx of new cars that this has brought to the crescent is a danger to the numerous young children that play
round the crescent.  We already have cars of all sizes visiting the vets practice nearby and more parked cars
exacerbate the issue of safety for the children that are cycling and running about to and from the nearby
playpark.  The park has been very well used this summer by the local primary aged children and it is worrying to
watch as they play with the increase of so many cars that we feel there is an accident waiting to happen.
We have seen cars parked on the pavement which also poses a danger to pedestrians as there are elderly residents
along with young families.
We hear the guests coming and going at all hours without concern for those who live here.  We have also been
informed by another neighbour of cannabis being used by guests.
We are concerned that the house may be used by Stag and Hen parties.
We do not have any contact details for the owner to inform her with any issues as she has never offered them.  We
feel that she doesn’t live in the town and therefore has no regard for other residents.
Pitlochry has a very high ratio of short term lets to residential properties and there is such a concern that there has
been a public consultation already.  We do not feel that there is any need for there to be any more.  We chose to
live away from the busy areas of town and do not want to feel worried by people coming and going without any
regard for the community.
Thank you
Mr Paul Cameron and Mrs Sandra Cameron,
7 Craigower Crescent
Pitlochry
PH16 5HS
Sent from Mail for Windows
Sent from Mail for Windows
4
Page 31 of 46

Page 32

Page 32 of 46

Page 33

1
Civic Licensing
From: john hayes
Sent: 25 September 2023 19:45
To: CDS STL
Subject: Re: Representation ref short term let 8 Craigower Crescent Pitlochry PH165HS
Attachments: image001.jpg; To Whom it may concern No 8 Craigower.docx
Hi Karen,
Please see my letter attached, I have removed the photographs so hopefully it is now of a size that will be accepted
by your email system.
If you require the photographs down the road, please don't hesitate to ask and I shall send them on separately.
Many thanks again,
John Hayes
On Mon, 25 Sept 2023 at 16:26, CDS STL <STL@pkc.gov.uk> wrote:
Dear Mr. Hayes,
Thank you for your email with attachments—can you please resend any pages beyond page 1 as the file does not
appear to allow for the additional pages to be downloaded.
We have noted your comments and photographs regarding the Public Notice of Information posted at these
premises and will be conducting further enquiries.
Kind regards,
Karen
The linked image cannot be displayed.  The file may have been moved, renamed, or
deleted. Verify that the link points to the correct file and location.
Karen Engelberts
Licensing Enforcement Officer
Short Term Lets - Corporate and Legal Services
Perth & Kinross Council
2 High Street
Perth PH1 5PH
Telephone: 01738 475195
(9am – 12pm, Monday through Friday except for public holidays)
4
Page 33 of 46

Page 34

2
Web:  Short Term Lets - Perth & Kinross Council (pkc.gov.uk)
The information provided may not address your individual requirements, is for
informational purposes only, and does not constitute any form of legal advice. It
is recommended that you seek your own, independent legal advice.
From: john hayes  
Sent: Sunday, September 24, 2023 3:07 PM
To: CDS STL <STL@pkc.gov.uk>
Subject: Representation ref short term let 8 Craigower Crescent Pitlochry PH165HS
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 Sir/Madam,
Please find attachment regarding our objection to the STL application for 8 Craigower Crescent
Pitlochry. (I have three photographs included in the document so please let me know if you have
any issue in viewing or downloading the attachment due to any maximum attachment size
protocol with your email service)
Should you require any further information or clarification, please don't hesitate to ask.
Many thanks and kind regards,
John Hayes
10 Craigower Crescent, Pitlochry
To Whom it may concern No 8 Craigower.docx
Page 34 of 46

Page 35

3
The information in this email is solely for the intended recipients. 
If you are not an intended recipient, you must not disclose, copy, or distribute its contents or use them in any way:
please advise the sender immediately and delete this email. 
Perth & Kinross Council does not warrant that this email or any attachments are virus-free and does not accept any
liability for any loss or damage resulting from any virus infection. Perth & Kinross Council may monitor or examine
any emails received by its email system. 
The information contained in this email may not be the views of Perth & Kinross Council. It is possible for email to
be falsified and the sender cannot be held responsible for the integrity of the information contained in it. 
General enquiries to Perth & Kinross Council should be made to enquiries@pkc.gov.uk or 01738 475000. 
Page 35 of 46

Page 36

24/08/23
To Whom it may concern, 
In response to the short term let planning applicaƟon for 8 Craigower Crescent, Pitlochry
PH165HS, I wish to object to the granƟng of this licence for the reasons I hope to make
obvious below. My name is John Hayes of 10 Craigower Crescent, Pitlochry PH165HS and I
represent all who reside here. 
Firstly, I wish to make clear that I bear no animosity nor ill will to Miss Inceu, Florinia has
been the most wonderful neighbour to have while she resided next door for the first two
and a half years of us living here, furthermore, we have familial connecƟons that go back 10
years since we first moved to Pitlochry. I wish her very well. 
It came as some surprise to us that Miss Inceu had decided to let her property on AirBnB. As
we recall, it was on a Thursday evening she announced she was leaving, and her first guests
were arriving on that Saturday. Again, we hold no grudge with this, there was no obligaƟon
for her to inform us of her decision at the Ɵme however, we felt a great sense of trepidaƟon,
Stag and Hen parƟes we thought, but we were pleasantly surprised that, in the main, the
guests were absolutely fine for the first few months but as with most things, Ɵme has a way
of changing opinion. 
We make no complaints about any recurring noise, we have three young girls, it would be
hypocriƟcal to do so. We have experienced some other concerns though.
The innocent nuisance - the doorbell goes most weeks “Can you tell us how the heaƟng
works? Can you tell me where the cutlery is? Where is the Post Office? How can I book
Ɵckets for the theatre?  - Not really much of a complaint this.
UnveƩed new neighbours every two days, this one really does concern us having three
young kids. It’s a 70 year old seƩled residenƟal street and is certainly not best suited to high
turnaround tourist accommodaƟon.
And then other stuff tends to creep in, cigareƩe buƩs that have come our way over the back
wall for our toddler to find. Tradesmen staying next door treaƟng us to clouds of cannabis
smoke. We recently had a domesƟc argument between guests that got so bad we
considered calling the Police. And then there’s the parking……… 
It is criƟcal that you understand that this is a 1950’s crescent of council houses, we have one
narrow street, ten houses. Vehicle ownership was sporadic back in the 50’s and certainly not
abundant among council estates. It is simply not designed for the traffic it gets. Our street’s
demographic today is mostly elderly, and we at number 10 buck that trend with our bunch
of kids. Our road is the Southern access point for the second largest children’s playpark in
our town, colloquially known as the “Ambi” park as the ambulance staƟon used be based
here. The Ambulance staƟon has now been replaced with the Veterinary Surgery, an
essenƟal local service given the rural locaƟon of where we live yet this already draws risk for
all. Emergency care for working animals and livestock brings 4x4’s through daily - at pace. It
is already a slalom with the long-term residents parking their vehicles but consider that
recreaƟonal short term lets tend to bring mulƟple vehicles to an address with families
understandably wanƟng to meet up. A memorable event for me was last December, the
snow was thick on the ground and my “new” one day old neighbour had blocked my drive. I
Page 36 of 46

Page 37

could not get my car out to take my kids to school, they arrive back at 4 pm and when I
confront them to move their vehicle and they literally laugh at me and refuse to do so ….
True, this type of thing is the excepƟon but nonetheless it does happen. I acknowledge that
Miss Inceu is stringent on insisƟng that the driveway is used but unfortunately, it is
impossible to enforce, vans, bigger vehicles etc, cars are just parked everywhere. It’s easy to
say that they’re not, but we live here. They are. The kids simply can’t play on the street
anymore. 
The bigger picture: 
Who benefits?
Not I, but more importantly, not my community. It’s well documented that Pitlochry is
overserviced with short term lets (proporƟonally far more than even Edinburgh). A great
current example is that my barber has been evicted to the benefit of yet another absentee
landlord who as seen a crowded marketplace and declared “ME TOO”, local services are
being affected. There’s not a shop or hostelry in town that does not have a sign in the
window that says “Staff wanted – Top rates paid” Great eh? – No actually. These costs are all
passed on and prices have gone so high from the tourist dollar that the locals cannot afford
to use these local services.  WaiƟng staff and hotel staff are now bussed in from Dundee and
SƟrling due to a complete lack of housing stock because of short term lets, there’s even
rumours of another AirB&B happening on our street????? 
Pitlochry at the last census had a populaƟon of a mere 2880 people, this community is
almost at breaking point due to this phenomenon. The granƟng of more short term let
licences is not the answer. 
In Conclusion –
I’m not the man ranƟng “not on my doorstep” ……. I’ve been that man on the doorstep for
the last twelve months and the bad outweighs the good. I live here, others don’t. 
Many thanks for taking the Ɵme to read this 
Many kind regards,
John, Joan, Eva, Orla & Flora Hayes
Page 37 of 46

Page 38

Page 38 of 46

Page 39

Perth And Kinross Council 
Licensing Committee 
30 January 2024 
REVIEW OF CIVIC LICENCE FEES
.
Report By Strategic Lead – Legal And Governance
(Report No. 24/36) 
1.  PURPOSE 
1.1 This report recommends that the Committee approves an increase in fees as
shown in Appendix 1 for licences issued under the Civic Government (Scotland)
Act 1982. It is proposed that the revised fees detailed in Appendix 1 be adopted
with effect from 1 April 2024. 
2. RECOMMENDATIONS 
2.1 It is recommended that the Licensing Committee: 
• approves the increase in fees as shown in Appendix 1 for licences
issued under the Civic Government  (Scotland) Act 1982.
3. STRUCTURE OF REPORT 
3.1  This report is structured over the following sections: 
•  Section 4: Background
•  Section 5: Proposals
•  Section 6: Conclusion 
4. BACKGROUND / MAIN ISSUES 
4.1 The Civic Government (Scotland) Act 1982 gives the Council power to set
fees for individual licences in order to recover the cost of providing the civic
licensing service. In setting the fees, the Council must ensure that the income
received through fees meets the expenses incurred in exercising its functions
under the Act. 
4.2 Fees for licences issued under the 1982 Act were last reviewed in February
2020. The proposed change represents an inflationary increase of 4% which is
consistent with the Council’s medium term financial plan (report 23/267 refers)
where the mid-range assumption for 24/25 is 4% for fees and charges. 
4.3 This review has been undertaken in accordance with the recommendations of
the Scrutiny Committee report Charging for Services (report 15/65 refers) and
the revised Corporate Charging Policy of full cost recovery for providing a
service.  
5
Page 39 of 46

Page 40

5. PROPOSALS 
5.1 It is proposed that a 4% increase in fees is made to all fees for licences under
the 1982 Act listed in the Appendix. Fees have been unchanged for almost 4
years, so an uplift is necessary to ensure that the costs of operating the
licensing system are fully recovered through fees. 
6. CONCLUSION 
6.1 The report proposes an increase in fees charged in terms of the Civic
Government (Scotland) Act 1982 as set out in this report, to take effect from 1
April 2024. 
6.2 The Committee is asked to approve the  increase in fees charged as set out in
Appendix 1. 
Author(s)
Name  Designation Contact Details
Debra Gilkison  Licensing Manger 01738 475159 
Approved 
Name Designation Date
Sarah Rodger Legal Manager 05/01/2024 
Page 40 of 46

Page 41

ANNEX 1 
1. IMPLICATIONS, ASSESSMENTS, CONSULTATION AND
COMMUNICATION  
Strategic Implications Yes / None
Community Plan  None
Corporate Plan  Yes
Resource Implications  
Financial  Yes
Workforce None
Asset Management (land, property, IST) None
Assessments  
Equality Impact Assessment None
Strategic Environmental Assessment None
Sustainability (community, economic, environmental) None
Legal and Governance  Yes
Risk None
Consultation 
Internal  Yes
External  None
Communication 
Communications Plan  None 
1. Strategic Implications  
Community Plan 
1.1 Not applicable 
Corporate Plan 
1.2 The Council’s Corporate Plan 2022/23 to 2027/28 lays out five outcome
focussed strategic objectives which provide clear strategic direction, inform
decisions at a corporate and service level and shape resources allocation. 
They are as follows:- 
(i) Children and young people grow up safe, respected, well-educated and
confident in their ability to realise their full potential; 
(ii) People and businesses are increasingly able to  prosper in a local
economy which supports low carbon ambitions and offers opportunities
for all;  
(iii) People can achieve their best physical and mental health and have
access to quality care and support when they need it;  
Page 41 of 46

Page 42

(iv) Communities are resilient and physically, digitally and socially
connected; 
(v) Perth and Kinross is a safe and vibrant place, mitigating the impact of
climate and environmental change for this and future generations. 
2. Resource Implications 
Financial 
2.1 There are no direct financial implications arising from this report other than 
those reported within the body of the main report. 
Workforce  
2.2 Not applicable 
3. Assessments 
Equality Impact Assessment 
3.1 Under the Equality Act 2010, the Council is required to eliminate discrimination,
advance equality of opportunity, and foster good relations between equality
groups.  Carrying out Equality Impact Assessments for plans and policies allows
the Council to demonstrate that it is meeting these duties. 
3.2 A full EFIA was not necessary as the report has no impact in terms of the public
sector equality duty or people with protected characteristics. 
Strategic Environmental Assessment 
3.3 The Environmental Assessment (Scotland) Act 2005 places a duty on the
Council to identify and assess the environmental consequences of its
proposals. 
3.4 Under the provisions of the Local Government in Scotland Act 2003 the Council
has to discharge its duties in a way which contributes to the achievement of
sustainable development. In terms of the Climate Change Act, the Council has
a general duty to demonstrate its commitment to sustainability and the
community, environmental and economic impacts of its actions.   
3.5 The information contained within this report has been considered under the Act. 
However, no action is required as the Act does not apply to the matters
presented in this report.    
Page 42 of 46

Page 43

4. Consultation 
Internal 
4.1 Finance and Business Support have been consulted in connection with the
proposed increase in fees. 
External 
4.2 None 
2. BACKGROUND PAPERS 
None 
3. APPENDICES 
3.1 Appendix 1 - Perth and Kinross Proposed List of Fees 
Page 43 of 46

Page 44

Page 44 of 46

Page 45

Appendix 1 
Perth and Kinross Council Civic Government (Scotland) Act 1982
Licence Fees Proposal from 1st April 2024
Application Type Current Fee 1yr
/ 3yr
Proposed Fee 1yr / 3yr
Knife Dealers (Fairs) 66/na 69/na
Knife Dealers          260/311 270/323
Second Hand Dealer 209/311 217/323
Second Hand Car Dealer 209/311 217/323
Stalls Antique Fairs 66/NA 69/NA
Cabinet at Antique Centre 66/158 69/164
Stamp Fairs – Second Hand
Dealer
41/NA 43/NA
Late Hours Catering 362/418 376/435
Itinerant Metal Dealer 128/194 133/202
Metal Dealer 219/291 228/303
Market Operator 219/291 228/303
Market Operator when Public
Entertainment Licence is in place
for same event
105/185 109/192
Sex Shop 1250 1300.00
Sexual Entertainment Venue 1535/na 1596/na
Skin Piercing and Tattooing  260/321 270/334
Material Change of Circumstances  71 74
Indoor Sports Entertainment 199/270 207/281
Street Traders 168/240 175/250
Street Trader Variation 107 111
Window Cleaner 112/168 116/175
Public Entertainment Licence  
Community Hall 189/250 197/260
Capacity <200 189/250 197/260
Capacity 201-1500 301/367 313/382
Capacity 1501-5000 729/836 758/869
Capacity 5001-20000 1566/2086 1629/2169
Capacity >20000 3126/4167 3251/4334
Fun Fair 311/500 323/520
Fun Fair/Inflatables with less than
5 kids rides at Community Event
65/na 68/na
Taxi / Private Hire Cars  
Booking Office 199/265 207/276
Meter Test 37.50 No change
Taxi / Private Hire Drivers Licence
new
143/199 149/207
5
Page 45 of 46

Page 46

Taxi / Private Hire Drivers Licence
renewal
117/173 122/180
Private Hire Operators Licence       61/117/240
WAV/ULH/Car
63/122/250
Taxi Operators Licence 71/138/286
WAV/ULH/Car
74/144/297
Vehicle Substitution (Private Hire) 35.00 60.00
Vehicle Substitution (Taxi) 30.00 40.00
Advertisement on vehicles 71 74
Vehicle Registration Change  46 48
Plate Brackets front and back  30.00
Each 15.00
No change
Plate each 15.00 No change
Replacement Badge 10.00 No change
Door stickers (private hire) 20.00
Each 10.00
No change
Internal complaint badge and
wallet
No charge 10.00 
Page 46 of 46