Agenda Document Pack - Licensing Committee - 13/02/2024
Perth and Kinross Council · 13 February 2024
Back to Licensing Committee — 13 February 2024 and its agenda
Text extracted from the council's PDF. Layout and reading order may differ from the original.
Page 1
Securing the future… • Improving services • Enhancing quality of life • Making the best use of public resources Council Building 2 High Street Perth PH1 5PH 06/02/2024 A hybrid special meeting of the Licensing Committee will be held in the Council Chamber on Tuesday, 13 February 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. 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 Crawford Reid Councillor Willie Robertson Councillor Grant Stewart Page 1 of 24
Page 2
Page 2 of 24
Page 3
Licensing Committee Tuesday, 13 February 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 - 6 THE PADDOCK, AUCHTERARDER Report by Strategic Lead - Legal and Governance (copy herewith 24/53) 5 - 24 Page 3 of 24
Page 4
Page 4 of 24
Page 5
PERTH AND KINROSS COUNCIL – LICENSING COMMITTEE 13 February 2024 REPORT BY STRATEGIC LEAD – LEGAL AND GOVERNANCE TYPE OF APPLICATION Grant of a Short-Term Let Licence APPLICANT(S) Dr Gideon Pringle and Mrs Linda Pringle Provisional Licence Number: None – NEW LET PREMISES (if applicable) 6 The Paddock, Auchterarder, Perth And Kinross, PH3 1LE THE APPLICATION Dr and Mrs Pringle, 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. Applicants’ property is a detached house. The Application is for that of a ‘home letting’ short-term let licence. The property has 4 bedrooms and the Applicant(s) has applied for a maximum capacity of 8 guests. Three 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 24
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 24
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 24
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 24
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 24
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 24
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 24
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 24
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 24
Page 14
Page 14 of 24
Page 15
1 CDS STL From: Colin Leitch Sent: 05 January 2024 17:31 To: CDS STL Cc: Colin Leitch Subject: ACKNOWLEDGEMENT - Objections to Application for Short Term Let Licence at 6 The Paddock, Auchterarder, PH3 1LE 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, Objection - Application for Short Term Let Licence at 6 The Paddock, Auchterder, PH3 1LE. This written information is regarding the application for the Application for Short Term Let Licence at 6 The Paddock, Auchterder, PH3 1LE. Applicant Name: Gideon Pringle Applicant Address: Lediation Farm, Kinross, KY13 ORS I, Lord Colin Douglas Wallace Leitch currently own and reside at 7 The Paddock, Auchterder, PH3 1LE and have enclosed below the reasons why I object to the application for the short term lease licence for the said property above. First Objection - Public Hazard & Safety a) Emergency Services Access - We do from time to time encounter the use of medical services as we do have residents living on the street with ongoing medical conditions and have helped and supported neighbours with access to the said services. Additional congestion or parking for more cars than the house driveway can accommodate may delay or obstruct any emergency service vehicles. b) Limited parking - The application property has limited parking and may cause the short term letting residents to seek alternative parking within the street vicinity which may block the access to our driveway. This would also be unfair for other residents including myself who have visiting family and friends to park outside individual houses. c) Parking in the turning bay - The dedicated turning bay is used by all residents residing on the street and is used daily by delivery vehicles as well as other service vehicles. Blocking this would mean that vehicles would not be able to safely turn around to exit the street heading onto the a busy main road which is Ochill Road which leads to Gleneagles and Auchterarder Town. d) Parking on pavement areas - Parking on the pavement is not only inconvenient but also dangerous for people that require mobility access, people with children and pushchairs as well as the elderly. With limited parking in relation to the potential holiday let occupancy of the application property, people may be encouraged to use the pavement as an alternative for parking. This is also illegal and comes under the Transport (Scotland) Act 2019. Second Objection - Public Nuisance & Safety a) Designated smoking areas - My house is directly adjacent to 6 The Paddock, I have been diagnosed within the last 24 months with Pneumonia and undergo regularly check ups regarding the status of my lungs. I am very sensitive to both Cigarette/ Vape smoke which makes me wheeze and cough. My wife suffers from Asthma 3 Page 15 of 24
Page 16
2 and regularly requires the use of an inhaler. Which could cause the need for additional medication for my wife and I. b) Out of social hours arrivals and departures - We are a quiet neighbourhood with little disturbance as some residents on the street over the age of 80 with ongoing sensitive medical conditions. The driveway is situated and on the front of the house and would be very audible for opening and closing of car doors as well as movement of bulky cases and baggage. c) Out of social hours celebrations and outdoor parties - I myself are over the age of 80 along with 3 other residents on the street. 2 of our bedrooms are in very close proximity and face the rear of the application property, any unsociable gatherings or celebrations would mean noise disturbance to my family as well as our dogs. I also have a summer house to the rear of my property close to the fence of the house in question and potential guests who may stay at the property may wish to utilise the house for celebrations and may cause unnecessary and frequent disturbance to my wife and I and any guests that may be staying. I would like to add that we have not had any communication from Gideon Pringle with regards to the intension of the short term letting application and the notice placed on the fence of the said property has been partially obstructed by a builders skip. Therefore non of my concerns listed above have been placed into consideration prior to the application being sent to the council for consideration. Kind regards, Lord Leitch Signed by: Lord Leitch 7 The Paddock Auchterarder Perth & Kinross PH31LE Page 16 of 24
Page 17
3 Page 17 of 24
Page 18
Page 18 of 24
Page 19
Page 19 of 24
Page 20
Page 20 of 24
Page 21
1 CDS STL From: Andrew Richards Sent: 16 January 2024 09:20 To: CDS STL Cc: Christine Richards; Subject: Re: INFORMATION REQUIRED: Objections to 6 The Paddock, Auchterarder short term let application Good-day Karen, Thank-you for clarifying what outstanding information needs to be provided. Please let me know if anything else is required. I also appreciate that it is encouraged that neighbours resolve any issues themselves prior to the committee meetings. As requested, Objectors’ names and addresses: 1. Christine Muriel Richards 3 The Paddock, Auchterarder, PH3 1LE 2. Andrew Stuart Richards Riedpark 25 Zug 6300 Switzerland With regards, Andrew Richards On 15 Jan 2024, at 14:16, CDS STL <STL@pkc.gov.uk> wrote: Good afternoon, I refer to your email of 5 January 2024 objecting to the application for a home letting short-term let licence for the premises located at 6 The Paddock, Auchterarder, PH3 1LE. While you have provided your name and have confirmed your ownership of the address 3 The Paddock, it is missing critical information in order to deem it ‘electronically signed’. Please note that your email objection does not include: 1. All objectors’ full addresses (your full address, as well as your mother’s full address) 3 Page 21 of 24
Page 22
2 2. All objectors full names (your mother’s full name has not been included) Please ensure that the above information is received by no later than 5pm on Wednesday, 17 January 2024, failing which the objection will be deemed late. The Licensing Committee has discretion to consider late objections or representations if satisfied that there is sufficient reason why the objection or representation was not received in time. If this applies you will need to explain in your objection or representation, why it is late. A copy of your objection or representation will not be considered unless the Licensing Committee makes a decision that it will consider it. Given that this short-term let licence application has been validated, the status of the application on our Public Register has been updated from ‘submitted’ to ‘pending’. This means that the application has now moved to outside consultation, providing for feedback from Police Scotland, Fire and Rescue Services, and Planning. These consultees have a statutory period of 28 days from the date the application is validated to respond. It is after that period has passed that the objection(s) will be considered at a Licensing Committee meeting to be convened at a future date. However, you will receive notification by way of an invite letter confirming the date, time and location of the meeting at which time you will have the opportunity to speak to your objection(s) and answer any questions the Licensing Committee may have. Further information can be viewed at Objections and Representations to a short term let licence application. In the interim, we encourage neighbours to engage with the host/operator of the short-term let to resolve any concerns before a Committee Meeting is convened. If your objection is resolved to the satisfaction of all parties before such a Committee Meeting is convened, please contact us as soon as possible. Kind regards, Karen <image001.jpg> 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) 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: Andrew Richards Sent: Friday, January 5, 2024 8:46 AM To: CDS STL <STL@pkc.gov.uk> Cc: Christine Richards ; Subject: Objections to 6 The Paddock, Auchterarder short term let application Page 22 of 24
Page 23
3 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 am writing on behalf of my mother who lives at 3 The Paddock to object to the application for short term let at 6 The Paddock. I am also a part owner of 3 The Paddock and have been granted by my mother power to act on her behalf. The objections relate to disturbance. My mother‘s house is directly opposite the house requesting short term let. Her bedroom is at the front of the house. Any noise relating to additional cars, coming and going of people and outdoor activity such as on the patio, will be heard. My mother is 84 years old and enjoys living in this quiet residential cul-de-sac where everybody knows each other and is respectful of each other. Being elderly, my mother often retires to bed around 8.30pm and can arise at 10.00am. Understandably, any short-term guests at no.6 will no doubt be unaware or have any interest or regard for whether or not an elderly lady is trying to sleep across the road. In fact, I believe that there are five bedrooms available at no.6. This could potentially lead to ten adult guests coming and going as they please with between five and ten cars at any time of the day and night. There is external parking at no.6 for 2 cars. Next to it is an actively used turning circle for the use of the whole cul-de-sac and cannot have guests' cars permanently parked in it. Apart from No.8, all the other residents are elderly and any extra cars on this road will be a hazard. Since the eight houses were built in this quiet residential cul-de-sac they have either been owner-occupied or rented to long term tenants, all of whom have kept an eye on each other's well-being and security. Granting a short term let licence will change the whole balance of the cul-de-sac to everyone's detriment. My mother and I kindly ask you to refuse the application for a short-term let licence. I note on the public notice of application that email must be electronically signed. Please could you inform me how to do so and I wish to ensure that these objections are considered. Sincerely Andrew Richards 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. Page 23 of 24
Page 24
4 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 24 of 24