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Agenda Document Pack - Licensing Committee - 27/03/2024

Perth and Kinross Council · 27 March 2024
Back to Licensing Committee — 27 March 2024 and its agenda

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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 
19/03/2024 
A hybrid meeting of the Licensing Committee will be held in the Council Chamber
on Wednesday, 27 March 2024 at 10:00. 
If you have any queries please contact Committee Services on (01738) 475000 or
email Committee@pkc.gov.uk. 
THOMAS GLEN
Chief Executive 
Those attending the meeting are requested to ensure that all notifications are
silent on their device and other devices are in silent mode. 
Please note that the meeting will be broadcast online and recorded.  The
recording will be publicly available on the Council’s website following the
meeting. 
Members:
Bailie Mike Williamson  (Convener)
Councillor Iain MacPherson  (Vice-Convener)
Councillor Keith Allan
Councillor Hugh Anderson
Councillor Bob Brawn
Bailie Rhona Brock
Councillor Steven Carr
Councillor Andy Chan
Councillor Michelle Frampton
Councillor Ken Harvey
Councillor Crawford Reid
Councillor Willie Robertson
Councillor Grant Stewart
Page 1 of 130

Page 2

Page 2 of 130

Page 3

Licensing Committee 
Wednesday, 27 March 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 - PROVISIONAL
LICENCE NO. PK11692P
Report by Strategic Lead - Legal and Governance (copy herewith
24/100) 
5 - 18 
4 GRANT OF A SHORT TERM LET LICENCE - NEW OPERATION -
1 DUNBAR COURT, GLENEAGLES VILLAGE, AUCHTERARDER
PH3 1 SE
Report by Strategic Lead - Legal and Governance (copy herewith
24/101) 
19 - 30 
5 GRANT OF A SHORT TERM LET LICENCE - PROVISIONAL
LICENCE NO. PK11646P
Report by Strategic Lead - Legal and Governance (copy herewith
24/102) 
31 - 42 
6 GRANT OF A SHORT TERM LET LICENCE - PROVISIONAL
LICENCE NO. PK11728P
Report by Strategic Lead - Legal and Governance (copy herewith
24/103) 
43 - 54 
7 GRANT OF A SHORT TERM LET LICENCE - PROVISIONAL
LICENCE NO. PK12308P
Report by Strategic Lead - Legal and Governance (copy herewith
24/104) 
55 - 84 
8 GRANT OF A SHORT TERM LET LICENCE - PROVISIONAL
LICENCE NO. PK11842P
Report by Strategic Lead - Legal and Governance (copy herewith
24/105) 
85 - 104
Page 3 of 130

Page 4

9  GRANT OF A SHORT TERM LET LICENCE - PROVISIONAL
LICENCE NO. PK11790P
Report by Strategic Lead - Legal and Governance (copy herewith
24/106) 
105 - 124 
10  REVIEW OF HOUSES IN MULTIPLE OCCUPATION FEES
Report by Strategic Lead - Legal and Governance (copy herewith
24/107) 
125 - 130 
Page 4 of 130

Page 5

PERTH AND KINROSS COUNCIL – LICENSING COMMITTEE
27 March 2024
REPORT BY STRATEGIC LEAD – LEGAL AND GOVERNANCE
TYPE OF APPLICATION Grant of a Short-Term Let Licence
APPLICANT(S) Mr Jeremy Connell
Provisional Licence Number: PK11692P
PREMISES (if applicable)  The Cottage, 26 Lower Oakfield, Pitlochry, Perth and Kinross,
PH16 5DS  
THE APPLICATION Mr Connell, the sole Applicant, has applied for a three-year short-
term let licence as an existing host (operating prior to 1 October
2022). 
The Application has been validated by Licensing Officers and was
sent out for consultation. Police Scotland, Scottish Fire and Rescue
Services, and PKC Planning Department have stated they have no
objections to this application. 
The short-term let property is semi-detached house. The
Application is for that of a ‘secondary letting’ short-term let licence. 
The property has two bedrooms, the Applicant has applied for a
maximum capacity of four guests. 
One letter of objection has been received with regards to this
Application (see attached letter of objection).
RELEVANT LICENSING
POLICIES
The Council’s Short Term Let Policy was approved by the Licensing
Committee on 22 September 2022. 
The Council’s Short-Term Lets Policy focuses on ensuring that an
efficient, effective and proportionate licensing scheme is in place,
which is customised to the needs and circumstances of the
Council’s local area and supports applicants who wish to obtain a
short-term let licence. 
The aims of the licensing scheme are:  
 to ensure all short-term lets are safe;
 to facilitate licensing authorities in knowing and
understanding what is happening in their area; and
 to assist with handling complaints and address issues faced
by neighbours effectively. 
In assessing an application for a short-term lets licence, the
Council will consider: 
 the suitability of the person applying and that of the other
people named on the application form (whether they are “fit
and proper”);
 compliance/ability to comply with mandatory conditions
(applicable to all short-term lets across Scotland) (copy
attached);
3
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Page 6

 compliance/ability to comply with any additional conditions
that the Council might attach to the licence (either specific to
the accommodation, or specific to short-term lets in Perth
and Kinross); and
 the suitability of the premises in the context of Perth and
Kinross Council’s policies. 
The Council may vary the terms of a licence on any grounds they
think fit and can do this at any time.  This can be done following an
application made to the Council by the licence holder on their own
initiative. This could include adding further conditions to the licence. 
The Council will consult with the statutory consultees and any other
parties it considers appropriate. 
Conditions attached to a Short-term Let Licence   
Mandatory Conditions 
Any Licence will be subject to Conditions. Under the 2022 Order,
there are certain conditions which the Council must attach to a
short-term let licence, irrespective of the type of short-term let
granted, whether it is Secondary Letting, Home Letting, Home
Sharing or Home Letting and Home Sharing.  These are known as
“mandatory conditions” and are detailed at Annex A. 
Please note that the Council has no power to amend these
mandatory conditions. 
All applicants should ensure, prior to applying for a short-term let
licence of any type that they are able to comply with the mandatory
conditions attached to a licence.  Applicants should also note that
in term of listing their premises as a licensed short-term let, as
required under mandatory condition 14, the listing must include the
licence number provided by the Council and the valid energy
performance certificate rating) if an Energy Performance Certificate
is required for the premises, in accordance with the Energy
Performance of Buildings (Scotland) Regulations 2008. 
Page 6 of 130

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 130

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 130

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 130

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 130

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 130

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, 
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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 130

Page 14

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Page 15

CDS STL
From: John McLaren-Stewart
Sent: 28 January 2024 09:22
To: CDS STL
Subject: Re: IMPORTANT UPDATE - Objection to Short term let licence - The Cottage, 26
Lower Oakfield Pitlochry PH16 5DS
Hi there…the objection was submitted on time, but apparently I had to add my address. This was missing so I had to
resubmit. 
JMS 
John McLaren-Stewart 
3
Page 15 of 130

Page 16

2
From: John McLaren-Stewart  
Sent: Thursday, November 2, 2023 9:34 AM
To: CDS STL <STL@pkc.gov.uk>
Subject: Re: Update - Objection to Short term let licence - The Cottage, 26 Lower Oakfield Pitlochry PH16 5DS  
Hi…apologies, address now included.  
JMS  
Applicant: Mr Jeremy Connell  
We would like to object to this application on the following basis:  
1. This street is almost exclusively AirBnB or B&B's
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Page 17

2. There are no pavements or parking restrictions on this road making it dangerous in busy
periods due to the number of vehicles parked on the road. This is a narrow road with barely
room for two cars to pass each other.
3. Residents are now outnumbered by short term visitors with the consequential noise
disruption
4. 2nd home owners are already draining the community out of a small town, where young
or local people cannot afford or are able to find suitable accommodation
5. Most of these 2nd home owners dont even live in the local community. This applicant
lives in London.
6. as residents across from the street we regularly are woken up by noise from
holiday revelers returning to the short term lets from the town centre.  
Many thanks 
John McLaren-Stewart
2 East Moulin Road
Pitlochry PH16 5DW 
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Page 18

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Page 19

PERTH AND KINROSS COUNCIL – LICENSING COMMITTEE
27 March 2024
REPORT BY STRATEGIC LEAD – LEGAL AND GOVERNANCE
TYPE OF APPLICATION Grant of a Short-Term Let Licence
APPLICANT(S) DSQL Investments Ltd
Provisional Licence Number: N/A
PREMISES (if applicable)  1 Dunbar Court, Gleneagles Village, Auchterarder, Perth and
Kinross, PH3 1SE  
THE APPLICATION DSQL Investments Ltd, the sole, corporate entity Applicant, has
applied for a three-year short-term let licence as a new host (not
operating prior to 1 October 2022). All Directors of the corporate
entity have been named in the Application. 
The Application has been validated by Licensing Officers and was
sent out for consultation. Police Scotland, Scottish Fire and Rescue
Services, and PKC Planning Department have stated they have no
objections to this application. 
The short-term let property is a self-contained flat. The Application
is for that of a ‘secondary’ short-term let licence. 
The property has three bedrooms, and the Applicant(s) has applied
for a maximum capacity of six guests. 
One letter of objection has been received with regards to this
Application (see attached letter of objection).
RELEVANT LICENSING
POLICIES
The Council’s Short Term Let Policy was approved by the Licensing
Committee on 22 September 2022. 
The Council’s Short-Term Lets Policy focuses on ensuring that an
efficient, effective and proportionate licensing scheme is in place,
which is customised to the needs and circumstances of the
Council’s local area and supports applicants who wish to obtain a
short-term let licence. 
The aims of the licensing scheme are:  
 to ensure all short-term lets are safe;
 to facilitate licensing authorities in knowing and
understanding what is happening in their area; and
 to assist with handling complaints and address issues faced
by neighbours effectively. 
In assessing an application for a short-term lets licence, the
Council will consider: 
 the suitability of the person applying and that of the other
people named on the application form (whether they are “fit
and proper”);
 compliance/ability to comply with mandatory conditions
(applicable to all short-term lets across Scotland) (copy
attached);
4
Page 19 of 130

Page 20

 compliance/ability to comply with any additional conditions
that the Council might attach to the licence (either specific to
the accommodation, or specific to short-term lets in Perth
and Kinross); and
 the suitability of the premises in the context of Perth and
Kinross Council’s policies. 
The Council may vary the terms of a licence on any grounds they
think fit and can do this at any time.  This can be done following an
application made to the Council by the licence holder on their own
initiative. This could include adding further conditions to the licence. 
The Council will consult with the statutory consultees and any other
parties it considers appropriate. 
Conditions attached to a Short-term Let Licence   
Mandatory Conditions 
Any Licence will be subject to Conditions. Under the 2022 Order,
there are certain conditions which the Council must attach to a
short-term let licence, irrespective of the type of short-term let
granted, whether it is Secondary Letting, Home Letting, Home
Sharing or Home Letting and Home Sharing.  These are known as
“mandatory conditions” and are detailed at Annex A. 
Please note that the Council has no power to amend these
mandatory conditions. 
All applicants should ensure, prior to applying for a short-term let
licence of any type that they are able to comply with the mandatory
conditions attached to a licence.  Applicants should also note that
in term of listing their premises as a licensed short-term let, as
required under mandatory condition 14, the listing must include the
licence number provided by the Council and the valid energy
performance certificate rating) if an Energy Performance Certificate
is required for the premises, in accordance with the Energy
Performance of Buildings (Scotland) Regulations 2008. 
Page 20 of 130

Page 21

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 21 of 130

Page 22

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 22 of 130

Page 23

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 23 of 130

Page 24

(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 24 of 130

Page 25

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 25 of 130

Page 26

“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, 
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Page 27

“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 27 of 130

Page 28

Page 28 of 130

Page 29

1
CDS STL
From: Peter Kelly < >
Sent: 27 November 2023 19:01
To: CDS STL
Cc: Lisa Kelly
Subject: Re: 1 Dunbar Court, Gleneagles Village, PH3 - Objection to Short Term Lets
CAUTION: This email originated from an external organisaƟon. Do not follow guidance, click links, or open
aƩachments unless you have verified the sender and know the content is safe. 
Dear Sirs 
RepresentaƟon in respect of ApplicaƟon For Short Term License
Property: 1 Dunbar Court, Gleneagles, Perthshire, PH3 1SE
Applicants Details:  DQSL Investments Ltd 
Objector Details – Peter Kelly and Lisa Coyle, 20 Dunbar Court and 3 Glamis Court 
We wish to strenuously object to the applicaƟons for short term lets at 1 Dunbar Court. 
Our objecƟon is “late” as no noƟce was issued or displayed by the applicant. We walk by that property regularly and
no applicaƟon noƟce was visible. The contracted gardeners confirmed the same and we only became aware of the
applicaƟon via our neighbours who had checked the applicaƟon system online. As such, the applicant should have to
noƟfy again but, at the very least, given the fact it was not noƟfied, this objecƟon should be valid and heard. 
We own 20 Dunbar Court, and are in missives to purchase 3 Glamis Court and short term lets has resulted in: 
 The area being much too busy.
 There being no car parking as groups are coming and taking over.
 AnƟ social behaviour, drunkenness and extreme noise/noise polluƟon, all of which combine in reducing our
amenity and that of our neighbours.
 Short lets guests driving cars too fast in what was a safe area for our children to play. 
It is clear short term lets are happening and will conƟnue to happen. Short term lets aƩract groups who use the
faciliƟes of the hotel and this results in those groups being drunken and noisy last at night. 
If the applicaƟons are granted, the issue will become more problemaƟc and severe. There will be no controls on
groups or behaviours and this anƟ social behaviour impacts heavily on owners and long term renters who come to
this safe haven to enjoy the amenity and quiet. All of this will be impacted by the behaviour of short term landlards
who simply wish to profit at the expense of the amenity of others. 
I understand the Owners AssociaƟon are objecƟng too and that short term lets may even be prohibited in the Ɵtle of
ownership. If this is the case, an applicaƟon granted would breach longstanding Ɵtle condiƟons that are there for a
reason. To stop disrupƟon by a minority of the majority. 
I also believe that for 1 Dunbar Court, there will be encroachment and use of common land which will affect both of
our properƟes and reduce security. 
Many thanks for considering. 
4
Page 29 of 130

Page 30

2
Regards 
Peter R. Kelly 
Page 30 of 130

Page 31

PERTH AND KINROSS COUNCIL – LICENSING COMMITTEE
27 March 2024
REPORT BY STRATEGIC LEAD – LEGAL AND GOVERNANCE
TYPE OF APPLICATION Grant of a Short-Term Let Licence
APPLICANT(S) Michael Oak and Veronica Oak
Provisional Licence Number:  PK11646P
PREMISES (if applicable)  The Beeches, 39 Dunbar Court, Gleneagles Village, Auchterarder,
Perth and Kinross, PH3 1SE  
THE APPLICATION Michael Oak and Veronica Oak, joint Applicants, have applied for a
three-year short-term let licence as existing hosts (operating prior to
1 October 2022). 
The Application has been validated by Licensing Officers and was
sent out for consultation. Police Scotland, Scottish Fire and Rescue
Services, and PKC Planning Department have stated they have no
objections to this application. 
The short-term let property is a terraced house.  The Application is
for that of a ‘secondary letting’ short-term let licence. 
The property has one bedroom, and the Applicant(s) has applied
for a maximum capacity of two guests. 
One letter of objection has been received with regards to this
Application (see attached letter of objection).
RELEVANT LICENSING
POLICIES
The Council’s Short Term Let Policy was approved by the Licensing
Committee on 22 September 2022. 
The Council’s Short-Term Lets Policy focuses on ensuring that an
efficient, effective and proportionate licensing scheme is in place,
which is customised to the needs and circumstances of the
Council’s local area and supports applicants who wish to obtain a
short-term let licence. 
The aims of the licensing scheme are:  
 to ensure all short-term lets are safe;
 to facilitate licensing authorities in knowing and
understanding what is happening in their area; and
 to assist with handling complaints and address issues faced
by neighbours effectively. 
In assessing an application for a short-term lets licence, the
Council will consider: 
 the suitability of the person applying and that of the other
people named on the application form (whether they are “fit
and proper”);
 compliance/ability to comply with mandatory conditions
(applicable to all short-term lets across Scotland) (copy
attached);
5
Page 31 of 130

Page 32

 compliance/ability to comply with any additional conditions
that the Council might attach to the licence (either specific to
the accommodation, or specific to short-term lets in Perth
and Kinross); and
 the suitability of the premises in the context of Perth and
Kinross Council’s policies. 
The Council may vary the terms of a licence on any grounds they
think fit and can do this at any time.  This can be done following an
application made to the Council by the licence holder on their own
initiative. This could include adding further conditions to the licence. 
The Council will consult with the statutory consultees and any other
parties it considers appropriate. 
Conditions attached to a Short-term Let Licence   
Mandatory Conditions 
Any Licence will be subject to Conditions. Under the 2022 Order,
there are certain conditions which the Council must attach to a
short-term let licence, irrespective of the type of short-term let
granted, whether it is Secondary Letting, Home Letting, Home
Sharing or Home Letting and Home Sharing.  These are known as
“mandatory conditions” and are detailed at Annex A. 
Please note that the Council has no power to amend these
mandatory conditions. 
All applicants should ensure, prior to applying for a short-term let
licence of any type that they are able to comply with the mandatory
conditions attached to a licence.  Applicants should also note that
in term of listing their premises as a licensed short-term let, as
required under mandatory condition 14, the listing must include the
licence number provided by the Council and the valid energy
performance certificate rating) if an Energy Performance Certificate
is required for the premises, in accordance with the Energy
Performance of Buildings (Scotland) Regulations 2008. 
Page 32 of 130

Page 33

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 33 of 130

Page 34

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 34 of 130

Page 35

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 35 of 130

Page 36

(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 36 of 130

Page 37

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 37 of 130

Page 38

“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 38 of 130

Page 39

“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 39 of 130

Page 40

Page 40 of 130

Page 41

1
CDS STL
From: Peter Kelly
Sent: 20 September 2023 18:35
To: CDS STL
Cc:
Subject: Re: 39 Dunbar Court, Gleneagles Village, PH3 - Objection to Short Term Lets
CAUTION: This email originated from an external organisaƟon. Do not follow guidance, click links, or open
aƩachments unless you have verified the sender and know the content is safe. 
Dear Sirs 
Objector Name and Address – Peter Kelly, 20 Dunbar Court, Gleneagles Village PH3 1SE 
We wish to strenuously object to the applicaƟons for short term lets at 39 Dunbar Court. 
We own 20 Dunbar Court and short term lets has resulted in: 
 The area being much too busy.
 There being no car parking as groups are coming and taking over.
 AnƟ social behaviour, drunkenness and extreme noise/noise polluƟon, all of which combine in reducing our
amenity and that of our neighbours.
 Short lets guests driving cars too fast in what was a safe area for our children to play. 
It is clear short term lets are happening and will conƟnue to happen. Short term lets aƩract groups who use the
faciliƟes of the hotel and this results in those groups being drunken and noisy last at night. 
If the applicaƟons are granted, the issue will become more problemaƟc and severe. There will be no controls on
groups or behaviours and this anƟ social behaviour impacts heavily on owners and long term renters who come to
this safe haven to enjoy the amenity and quiet. All of this will be impacted by the behaviour of short term landlards
who simply wish to profit at the expense of the amenity of others. 
I understand the Owners AssociaƟon are objecƟng too and that short term lets may even be prohibited in the Ɵtle of
ownership. If this is the case, an applicaƟon granted would breach longstanding Ɵtle condiƟons that are there for a
reason. To stop disrupƟon by a minority of the majority. 
Many thanks for considering. 
Regards 
Peter R. Kelly 
5
Page 41 of 130

Page 42

Page 42 of 130

Page 43

PERTH AND KINROSS COUNCIL – LICENSING COMMITTEE
27 March 2024
REPORT BY STRATEGIC LEAD – LEGAL AND GOVERNANCE
TYPE OF APPLICATION Grant of a Short-Term Let Licence
APPLICANT(S) Lorraine Stewart
Provisional Licence Number:  PK11728P
PREMISES (if applicable)  The Gleneagles Holiday Home, 40 Dunbar Court, 
Gleneagles Village, Auchterarder, Perth and Kinross, PH3 1SE  
THE APPLICATION Ms Stewart, the sole Applicant, has applied for a three-year short-
term let licence as an existing host (operating prior to 1 October
2022). 
The Application has been validated by Licensing Officers and was
sent out for consultation. Police Scotland, Scottish Fire and Rescue
Services, and PKC Planning Department have stated they have no
objections to this application. 
The short-term let property is a terraced house.  The Application is
for that of a ‘secondary letting’ short-term let licence. 
The property has one bedroom, and the Applicant(s) has applied
for a maximum capacity of two guests. 
One letter of objection has been received with regards to this
Application (see attached letter of objection).
RELEVANT LICENSING
POLICIES
The Council’s Short Term Let Policy was approved by the Licensing
Committee on 22 September 2022. 
The Council’s Short-Term Lets Policy focuses on ensuring that an
efficient, effective and proportionate licensing scheme is in place,
which is customised to the needs and circumstances of the
Council’s local area and supports applicants who wish to obtain a
short-term let licence. 
The aims of the licensing scheme are:  
 to ensure all short-term lets are safe;
 to facilitate licensing authorities in knowing and
understanding what is happening in their area; and
 to assist with handling complaints and address issues faced
by neighbours effectively. 
In assessing an application for a short-term lets licence, the
Council will consider: 
 the suitability of the person applying and that of the other
people named on the application form (whether they are “fit
and proper”);
 compliance/ability to comply with mandatory conditions
(applicable to all short-term lets across Scotland) (copy
attached);
6
Page 43 of 130

Page 44

 compliance/ability to comply with any additional conditions
that the Council might attach to the licence (either specific to
the accommodation, or specific to short-term lets in Perth
and Kinross); and
 the suitability of the premises in the context of Perth and
Kinross Council’s policies. 
The Council may vary the terms of a licence on any grounds they
think fit and can do this at any time.  This can be done following an
application made to the Council by the licence holder on their own
initiative. This could include adding further conditions to the licence. 
The Council will consult with the statutory consultees and any other
parties it considers appropriate. 
Conditions attached to a Short-term Let Licence   
Mandatory Conditions 
Any Licence will be subject to Conditions. Under the 2022 Order,
there are certain conditions which the Council must attach to a
short-term let licence, irrespective of the type of short-term let
granted, whether it is Secondary Letting, Home Letting, Home
Sharing or Home Letting and Home Sharing.  These are known as
“mandatory conditions” and are detailed at Annex A. 
Please note that the Council has no power to amend these
mandatory conditions. 
All applicants should ensure, prior to applying for a short-term let
licence of any type that they are able to comply with the mandatory
conditions attached to a licence.  Applicants should also note that
in term of listing their premises as a licensed short-term let, as
required under mandatory condition 14, the listing must include the
licence number provided by the Council and the valid energy
performance certificate rating) if an Energy Performance Certificate
is required for the premises, in accordance with the Energy
Performance of Buildings (Scotland) Regulations 2008. 
Page 44 of 130

Page 45

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 45 of 130

Page 46

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 46 of 130

Page 47

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 47 of 130

Page 48

(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 48 of 130

Page 49

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 49 of 130

Page 50

“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, 
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Page 51

“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 51 of 130

Page 52

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Page 53

1
Civic Licensing
From: Peter Kelly < >
Sent: 20 September 2023 18:36
To: CDS STL
Cc: Lisa Kelly
Subject: 40 Dunbar Court, Gleneagles Village, PH3 - Objection to Short Term Lets
Follow Up Flag: Follow up
Flag Status: Completed
CAUTION: This email originated from an external organisaon. Do not follow guidance, click links, or open
aachments unless you have verified the sender and know the content is safe.
Dear Sirs
Objector Name and Address – Peter Kelly, 20 Dunbar Court, Gleneagles Village PH3 1SE
We wish to strenuously object to the applicaons for short term lets at 40 Dunbar Court.
We own 20 Dunbar Court and short term lets has resulted in:
 The area being much too busy.
 There being no car parking as groups are coming and taking over.
 An social behaviour, drunkenness and extreme noise/noise polluon, all of which combine in reducing our
amenity and that of our neighbours.
 Short lets guests driving cars too fast in what was a safe area for our children to play.
It is clear short term lets are happening and will connue to happen. Short term lets aract groups who use the
facilies of the hotel and this results in those groups being drunken and noisy last at night.
If the applicaons are granted, the issue will become more problemac and severe. There will be no controls on
groups or behaviours and this an social behaviour impacts heavily on owners and long term renters who come to
this safe haven to enjoy the amenity and quiet. All of this will be impacted by the behaviour of short term landlards
who simply wish to profit at the expense of the amenity of others.
I understand the Owners Associaon are objecng too and that short term lets may even be prohibited in the tle of
ownership. If this is the case, an applicaon granted would breach longstanding tle condions that are there for a
reason. To stop disrupon by a minority of the majority.
Many thanks for considering.
Regards
Peter R. Kelly 
6
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Page 54

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Page 55

PERTH AND KINROSS COUNCIL – LICENSING COMMITTEE
27 March 2024
REPORT BY STRATEGIC LEAD – LEGAL AND GOVERNANCE
TYPE OF APPLICATION Grant of a Short-Term Let Licence
APPLICANT(S) Ms Heather Hutchison
Provisional Licence Number:  PK12308P
PREMISES (if applicable)  Tigh Na Beannich 5 Gartwhinzean Loan, Powmill, Dollar, Perth and
Kinross, FK14 7LU  
THE APPLICATION Ms Hutchison, the sole Applicant, has applied for a three-year short-
term let licence as an existing host (operating prior to 1 October
2022). 
The Application has been validated by Licensing Officers and was
sent out for consultation. Police Scotland, Scottish Fire and Rescue
Services, and PKC Planning Department have stated they have no
objections to this application. 
The short-term let property is a detached house. The Application is
for that of a ‘Secondary Letting’ short-term let licence. 
The property has five bedrooms, the Applicants has applied for a
maximum capacity of 13 guests. 
Four 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);
7
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Page 56

 compliance/ability to comply with any additional conditions
that the Council might attach to the licence (either specific to
the accommodation, or specific to short-term lets in Perth
and Kinross); and
 the suitability of the premises in the context of Perth and
Kinross Council’s policies. 
The Council may vary the terms of a licence on any grounds they
think fit and can do this at any time.  This can be done following an
application made to the Council by the licence holder on their own
initiative. This could include adding further conditions to the licence. 
The Council will consult with the statutory consultees and any other
parties it considers appropriate. 
Conditions attached to a Short-term Let Licence   
Mandatory Conditions 
Any Licence will be subject to Conditions. Under the 2022 Order,
there are certain conditions which the Council must attach to a
short-term let licence, irrespective of the type of short-term let
granted, whether it is Secondary Letting, Home Letting, Home
Sharing or Home Letting and Home Sharing.  These are known as
“mandatory conditions” and are detailed at Annex A. 
Please note that the Council has no power to amend these
mandatory conditions. 
All applicants should ensure, prior to applying for a short-term let
licence of any type that they are able to comply with the mandatory
conditions attached to a licence.  Applicants should also note that
in term of listing their premises as a licensed short-term let, as
required under mandatory condition 14, the listing must include the
licence number provided by the Council and the valid energy
performance certificate rating) if an Energy Performance Certificate
is required for the premises, in accordance with the Energy
Performance of Buildings (Scotland) Regulations 2008. 
Page 56 of 130

Page 57

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 57 of 130

Page 58

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 58 of 130

Page 59

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 59 of 130

Page 60

(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 60 of 130

Page 61

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 61 of 130

Page 62

“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 62 of 130

Page 63

“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 63 of 130

Page 64

Page 64 of 130

Page 65

1
Civic Licensing
From: ANDREW SMITH
Sent: 06 October 2023 15:56
To: CDS STL
Cc:
Subject: objection to STL ID 478
Attachments: Objection to 5GW v0.4.docx
Follow Up Flag: Follow up
Flag Status: Flagged
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.
Written objection to STL application ID 478 for "Tigh Na Beannich" 5 Gartwhinzean Loan, FK14 7LU
Please acknowledge receipt
7
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Page 66

9 Gartwhinzean Loan
Powmill
Dollar
FK14 7LU 
6th October 2023
Dear Perth and Kinross Council : Short Term Let ID 478 
We are wriƟng to place on record with Perth and Kinross Council (PKC) our strong objecƟons to the
short term let licence applicaƟon “478” by a neighbouring house which shares a 20m garden border
with us. “Tigh Na Beannaich” 5, Gartwhinzean Loan applied on 28th September 2023 to change their
designated status from a residenƟal property in a quiet residenƟal area of about 20 homes. They
apparently lived there for two decades aŌer building completed 30 years ago and raised their
children there, then moved away. We have lived here almost 3 years and have been blighted by this
“Party House” on Gartwhinzean Loan and shall substanƟate all five permiƩed grounds of objecƟon as
those premises are not suitable or convenient for the conduct of short term let acƟvity having regard
to the following : 
(i) the locaƟon, character or condiƟon of the premises; 
(ii) the nature and extent of the proposed acƟvity; 
(iii) the kind of persons likely to be in the premises; 
(iv) the possibility of undue public nuisance; 
(v) public order or public safety; 
We request that short term let acƟvity is prohibited with immediate effect in the light of mulƟple
breaches of PKC rules at 5, Gartwhinzean Loan unƟl the due process of PKC has concluded. The
owners of the property conƟnue to show a blatant disregard for the due process of PKC. They waited
unƟl the last day possible to submit their applicaƟon and failed to inform neighbours or display any
noƟce which they are required to do. PKC has already ruled against “Stag ParƟes” or “Hen ParƟes” in
a wriƩen report (ref 22/00011/STL) for that property in late 2022 and yet one such Hen Party took
place on 19th May 2023, photographic evidence retained by my neighbour. 
Here are details and examples under the respecƟve categories of why 5, Gartwhinzean Loan
premises are not suitable or convenient for the conduct of short term let acƟvity having regard to : 
i) locaƟon and condiƟon : 
LocaƟon is in the middle of a quiet residenƟal area of about 20 homes all of which are owner
occupied full Ɵme. There have been numerous occasions of excessive noise, screaming and shouƟng,
and anƟsocial behaviour. The owners of number 5 benefiƩed from this quiet residenƟal locaƟon
when their children were growing up, but now fail to respect this locaƟon as unsuitable for a short
term let property. 
ii) nature and extent of acƟvity :
There is a swimming pool in the centre of the house which extends out into a conservatory which
opens towards two neighbouring properƟes. This pool is the source of excessive and disturbing noise
levels measured between 60 and 80 decibels from the garden doors of the next door property. There
is oŌen loud screaming and shouƟng on the Monday and Friday evenings of holiday rentals with
noise levels similar to a public swimming pool due to the excitement of hirers seeking to maximise
their short stay. The noise levels rise further when the doors next to the pool are opened, usually by
people wishing to smoke and to escape the din inside. The screaming is oŌen alarming as though
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Page 67

someone is in difficulty in the pool. There is neither risk assessment nor effecƟve safe operaƟng
procedures for the swimming pool. The pool area cannot be isolated from all the bedrooms
overnight and it can only be a maƩer of Ɵme before there is a serious accident and perhaps a fatality
as there is a major risk of drowning. There is also an uncertain risk of chemical poisoning of the
household if proper operaƟng procedures are not followed by each and every visitor. 
iii) kind of persons using the property :
The house is usually occupied by mulƟple households and oŌen for a party or other celebraƟon or
event. There have been stag parƟes and hen parƟes, most recently on May 19th 2023, as well as
teenagers aƩending parƟes, such as on 21st November 2021 – see also v) Public Order and Public
Safety below. The house oŌen has many cars on the driveways and the pavement outside, such as 8
vehicles photographed on 28th January 2023, the last one blocking the pavement. None of the
residents of Gartwhinzean Loan park their vehicles on the street. 
iv) the possibility of undue public nuisance:
There have been regular instances of public nuisance, usually excessive noise evenings and late at
night. This extends to loud and abusive language, singing shouƟng and screaming, and abusive verbal
responses to any appeals for quiet. The noises from the pool at number 5 are similar to a public
swimming pool especially on the first night of any rental. The type of noise from a public swimming
pool would not be tolerated by a planning applicaƟon in a quiet residenƟal area. 
There have been many other examples public nuisance, including unseasonal fireworks let off, such
as November 25th 2021 at midnight, several very loud rockets were launched and one landed on the
roof of a neighbouring house before exploding. 
The refuse collecƟon is another regular cause of public nuisance in this clean and Ɵdy residenƟal
area, with their wheelie bins are oŌen leŌ blocking the pavement for days. As recently as the week
when the owner made their applicaƟon, on 23rd September 2023 the wrong bin was on the
pavement. 2 days later black plasƟc sacks of rubbish were leŌ on the driveway aƩracƟng rodents.
The next day PKC made a special collecƟon of rubbish, presumably at the request of the owner who
probably claimed the collecƟon service had ignored their bins, when in fact they were not out for
collecƟon. 
v) public order or public safety :
Public order has been breached by numerous instances of abusive language and threatening
behaviour from residents when asked to be quiet. The police had to be called on several occasions in
2022 and on at least one of these occasions the Police were subject to abusive language and
threatening behaviour likely to cause a breach of the peace. Police have had to warn neighbours not
to approach the occupants or the property in case of disturbances, but to ring the police, which has
oŌen become necessary. For example 15th November 2021 10pm there was excessive noise waking
my neighbours and too loud for us to go to sleep. I went to the door of number 5 and demanded
they respect their neighbours and be quiet. Police subsequently visited me next day and insisted we
should not go to number 5 in future, but to call them instead. Next Ɵme, in the early hours of the
morning, police were called and police were threatened and verbally abused on the doorstep of
number 5. This has happened more than 20 Ɵmes in the 33 months we have lived next door.
Any applicaƟon for a premises to be used in such a way as to threaten public order and public safety
should be rejected, especially in any quiet residenƟal area. 
In summary, 5, Gartwhinzean Loan premises are not suitable or convenient for the conduct of short
term let acƟvity. Such acƟvity should be ceased immediately pending permanent prohibiƟon when
this applicaƟon is rightly declined, and any subsequent appeal processes are exhausted. There is sƟll
no noƟce published at 5 Gartwhinzean Loan, and I request PKC aƩend and prohibit further acƟvity if
no such noƟce is found to be on display. 
Our thanks in anƟcipaƟon,  
Andrew Smith & Catherine Smith
9 Gartwhinzean Loan, Powmill, DOLLAR.  FK14 7LU
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1
Civic Licensing
From: Jason Craig
Sent: 22 October 2023 22:14
To: CDS STL
Subject: FOA Licensing Department: Objection to Short Term Let License application - Tigh
Na Beannaich, 5 Gartwhinzean Loan, Powmill, FK147LU (Licence Number PK12308P)
Attachments: PK12308P Objection to short term let application number.docx; PK12308P
Objection to short term let application number.pdf
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 be concerned,
Please find attached my objection to the application for a short-term letting licence for my neighbouring
property at 5 Gartwhinzean Loan, Powmill, FK14 7LU.
I understand the council expects concerns from neighbours to be raised with the operators in the first
instance, however, as you will see in my letter, there are historic and ongoing concerns raised with the
running of this short term let of which the operators are aware, and to which there has been no
satisfactory resolution.
Unfortunately, our last hope is to raise this objection with the Licensing Department.
I hope I have been able to cover the issues in accordance with the guidelines specified on the Perth and
Kinross Council website, however, I would be happy to discuss these concerns in greater detail at any time
convenience to the license committee.
On a final note, I would like to identify that no public notice has been displayed (contrary to the
requirements of application process).
Kind Regards,
Jason Craig
Tel:
Address: 7 Gartwhinzean Loan, Powmill, FFK147LU
7
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Page 70

Jason Craig
Bruthach Mhor, 7 Gartwhinzean Loan
Powmill
Perth and Kinross
FK147LU
22nd October 2023 
To whom it may concern,
I am wri�ng to object to the applica�on for a short-term le�ng license for the address ‘Tigh Na
Beannaich’ at 5 Gartwhinzean Loan, Powmill, FK14 7LU (Licence Number PK12308P; ID – 478).
Please note that despite PKC guidance, the owner of the property has failed to engage with the
neighbours about their inten�ons to apply for a licence, and there has been no public Site No�ce
displayed in the vicinity of the property. This is despite the applica�on going to PKC almost one
month ago. 
This objec�on is made on the grounds of:
1. The loca�on, character, or condi�on of the premises;
2. The nature and extent of the proposed ac�vity;
3. The kind of persons likely to be in the premises;
4. The possibility of undue public nuisance; and
5. Public order/ safety
I will address these points below. 
1. The loca�on character, or condi�on of the premises; and
2. The nature and extent of the proposed ac�vity
Gartwhinzean Loan is a quiet country-side setlement consis�ng of 16 houses. The residents
composed of re�rees and young families. Most of the neighbours get on very well and there is a
strong sense of community between the long-term residents of this street. This is interrupted only by
the presence of this short term let, which regularly sees large groups of people with no interest or
investment in the community, stay for an average of 3-4 days and move on again. The turnover can
be highly frequent, and it is not uncommon for one set of guests to depart in the morning with
another set arriving in the a�ernoon. With capacity set at 13 people, this means that is it not unusual
for there to be 26 strangers come and go in our street each week. For a street that has a long-term
popula�on of closer to 30 this is highly unsetling. The average number of people per household on
Gartwhinzean Loan is two or three, and therefore a requested capacity of 13 in the short term let
clearly puts the group sizes out of character with the residen�al nature of the immediate area. 
In the immediate houses surrounding this property there is an elderly couple, two re�red couples,
and one young family with a small child aged 7. The representa�on of more vulnerable groups in the
long-term residents who are reliant on neighbourly support and their local community for safety
suggests that a property for large, transient groups is not suitable for, or in keeping with, the
character of the loca�on. 
The con�nued opera�on of a short-term le�ng facility within the neighbourhood would con�nue to
adversely impact the character and amenity of the local area, par�cularly the residen�al amenity of
those living permanently in the residen�al street.
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3. The kind of persons likely to be in the premises; and
4. The possibility of undue public nuisance
Given the size of the property, it’s stated capacity, the cost associated with its use and the feature of
the in-door swimming pool - the house is designed to appeal to large groups and regularly gets
described as a ‘party house’. On at least two of the lis�ngs the property is listed and promoted as a
‘Celebra�on House’ - see screenshots below taken on 5th October 2023: 
Historically the property has atracted large groups for par�es; including hen and stag par�es. A�er
complaints made to the Perth and Kinross planning enforcement department, a Closing Report from
PKC directed that the property is to be “occupied as a whole to one family or extended families, and
this is not let to stag and hen par�es” (report available for case reference number 22/00011/STL). 
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As recently as 19th May 2023 the property hosted a hen party (for which there is photographic
evidence of a group of females, gathered and drinking alcohol in the back garden while spor�ng
sashes that say ‘Hen Party’). The owner seemed unaware or ambivalent that the guests were hos�ng
a hen party, and further was unaware that this was expressly not permited within the Closing Report
from the Perth and Kinross Planning Enforcement Agency (case reference number 22/00011/STL).
Furthermore, despite the aforemen�oned Closing Report sta�ng that the house is to be “occupied,
as a whole to one family or extended families”, there is clear evidence that contrary to how the
property con�nues to be used. From July 2023, there is publicly available evidence of the property
being let to groups of friends rather than families (see screenshot of review from John, below, taken
on 5th October 2023). 
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The property is designed to be let to large groups (up to 13 adults) which requires areas for gathering
– this naturally results in groups o�en gathering at night to smoke, drink, and converse in outdoor
areas (given that smoking is not permited indoors). Unfortunately, this area is only 16 meters from
my bedroom window and 18m from the bedroom window of my son (see screen shots below from
Google Earth with distances). 
As the rest of the street is so quiet, the noise carries. It has kept my family awake on many nights
over the years that we have lived here. When guests regularly enter and leave the house, the outside
light comes on and noise from inside the house (music and loud conversa�on – o�en with loud,
coarse language – again for which there is video evidence) is carried outside. The pool has been fully
equipped with a disco ball, mul�coloured lights, and a sound system wired throughout the house
(again for which there is video evidence). The fact that the pool is surrounded only by a single-glazed
structure further amplifies the sound and light pollu�on out into the neighbourhood. 
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When guests arrive, there are o�en disturbances from late-night grocery deliveries. We have been
woken by the sounds of glass, cans and general rubbish being disposed of late at night and early in
the morning as unfortunately the bin storage is located next to our bedrooms. This has occurred as
recently as Sunday 8th October 2023 where guests were loudly disposing of garbage at 10pm.
Furthermore, we have regularly been disrupted by the arrival of buses late at night delivering large,
loud, intoxicated groups back to the property.
The disrup�on, stress, insecurity, and anxiety this causes to my family and other neighbours
nega�vely impacts our quality of life and my experience of living in this neighbourhood. 
5. Public health and safety
On occasions where the owners have been contacted regarding issues, there have regularly been
several days delay to respond or responses indica�ng that the owners are unable to atend/ contact
the guests. The owners manage the property themselves, and if they are away, there is no
management whatsoever. 
In these scenarios we have been le� to put up with the disturbances ourselves which is very anxiety
inducing. It is in�mida�ng to approach a large group of intoxicated strangers and ask them to please
keep the noise down or to move inside. My family have on occasion felt unsafe in doing so.
We have also sought advice from Ci�zens Advice, as well as Perth and Kinross safer communi�es’
team, and Perth and Kinross planning council. None of which resulted in the owners taking sufficient
ac�ons to sa�sfactorily minimise the disrup�on to the neighbouring proper�es. We have been
required to call the police on several occasions to help deal with an�-social behaviour. The behaviour
has included, but is not limited to, noise nuisance and drunken behaviour such as screaming/
shou�ng, loud music, and loud swearing (which is par�cularly concerning as I have a young child who
can hear these discussions). Fireworks have also been let off from the short-term let (during par�es)
that could easily land in surrounding proper�es. I understand that I am not the only resident who has
felt no op�on but to complain to police. I am aware of at least four occasions of the police atending
within the last two years to deal with an�-social complaints/ behaviour.
There seems to be a lack of awareness/willingness to comply with the minimal by the owners. For
example, when a concern was raised regarding the hen party which took place in May, the owners
informed us that they believed that it was their decision whether they accepted stag par�es, and
that it was not a decision which had been imposed by PKC (I can provide copies of the text exchange
to corroborate this, if required). Their belief was obviously incorrect, and we had to direct them to
the aforemen�oned Closing Report which they had been provided, and which expressly forbids use
for these purposes. This non-compliance alludes to an ongoing sense of dismissiveness from the
applicants about the nega�ve impacts that the use of the house has on the neighbouring proper�es. 
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Non-compliance with applica�on process for short-term license
As men�oned at the start of this leter, regarding the process of applying for a license for short-term
le�ng, despite publicly available and clear guidance detailing applicants responsibility (i.e. “you must
no�fy neighbours of intent to apply” - htps://www.pkc.gov.uk/media/50146/Short-term-Lets-
Informa�on-and-Guidance/pdf/Short-term_Lets_-
_Informa�on_and_Guidance.pdf?m=637998779188800000) - at �me of wri�ng, neither I, nor any of
my neighbours have been engaged with by the applicants. 
I believe this is because the applicants are fully aware of the difficul�es their property has caused the
neighbourhood and are not willing to take our neighbourhood’s concerns into account. Furthermore,
the guidance indicates that the applicants must clearly “display a site no�ce at or near the premises
so it can be conveniently read by the public.” Despite the applica�on being made on 28th September
2023 (according to the Perth and Kinross register), at the �me of wri�ng (22nd October 2023) there is
s�ll no visible no�ce. The applicants have not atempted to engage or provide reassurance despite
being aware of the nega�ve impact of the short term let on the community, and despite having been
on the premises mul�ple �mes recently, having our phone numbers, and email addresses.
This could and should be a lovely family home in a nice community.
Thank you for providing the opportunity to raise our concerns. I hope that these are taken into
considera�on as we would dearly love to be able to live in peace and security in our own home. 
Kindest regards,
Jason Craig 
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Page 76

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1
Civic Licensing
From: Jessica Leslie
Sent: 18 October 2023 10:55
To: CDS STL
Subject: Objection to short term let POK12308P
Attachments: Objection to short term let PK12308P.docx
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attachments unless you have verified the sender and know the content is safe.
Dear Sir/Madam, 
Please find attached my objection letter regarding the short term let application for 5 Gartwhzinean Loan, Powmill
(PK12308P)
My apologies if the objection is late. No public notice has been displayed at the property and I only learned of the application from a
neighbour last week.
Kind Regards,
Jessica Leslie
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attachments unless you have verified the sender and know the content is safe.
7
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Page 78

Jessica Leslie
6 Gartwhinzean Loan
Powmill
FK14 7LU 
Tuesday 17th October 2023
Dear Sir/Madam, 
I am writing to object to the application for a short-term letting licence for the address ‘Tigh Na Beannaich’ at 5
Gartwhinzean Loan, Powmill, FK14 7LU, license number PK12308P. 
The information and guidance around licence applications clearly states that neighbours must be notified when
applying for, or renewing, a licence. Furthermore, a site notice is required to be clearly displayed at the property.
No such contact has been made and no site notice has been visible. I am disheartened at the lack of
transparency from the owners and that I had to learn of their application from a neighbouring resident. 
This objection is made on the grounds of: 
1. The nature and extent of the proposed activity;
2. The kind of persons likely to be in the premises;
3. The possibility of undue public nuisance; 
4. The location, character, or condition of the premises; and
5. Public order/ safety
In particular: 
1. The nature and extent of the proposed activity; 
2. The kind of persons likely to be in the premises;
3. The possibility of undue public nuisance; 
I was not aware until recently of the restrictions previously imposed on the property limiting its use. (Case
reference 22/00011/STL, specifies that the property is to be “occupied as a whole to one family or extended
families, and this is not let to stag and hen parties”) With this information now brought to my attention, it is
disappointing to recognise how often these restrictions have not been adhered to. 
On multiple occasions, I have witnessed a large number of guests arrive by minibus with taxis arriving to drop off
further visitors into the evening hours. Disco lighting and balloons have been clearly visible through the front
windows and at times, music and shouting has carried to our property across the street. Visiting groups tend to
gather on the front steps, balcony or in the garden to drink, smoke and chat which are clearly visible from our
property. This indicates that the property has been used for parties and non-family groups and it is extremely
concerning that prior restrictions have not been followed. Therefore, the nature of use of the property, the kinds of
persons likely to be in the premises and the possibility of public nuisance is cause for objection. 
4. The location, character, or condition of the premises;
5. Public order/safety
Gartwhinzean Loan is a cul-de-sac in the rural village of Powmill. With residents ranging from 7 to 90 years of
age and an otherwise quiet and secure location, it is alarming to think how many strangers come and go to the
property each week, often one group will check out in the morning with a new group arriving later that day. Given
that the property has clearly been used in the past for non-family, party groups, this poses a security and public
health risk to the permanent properties and is not in keeping with the permanent community of retirees and
families. 
Thank you and kind regards, 
Jessica Leslie 
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1
Civic Licensing
From: Monica Craig
Sent: 10 October 2023 01:07
To: CDS STL
Subject: FOA Licensing Department: Objection to Short Term Let License application - Tigh
Na Beannaich, 5 Gartwhinzean Loan, Powmill, FK147LU (Licence Number PK12308P)
Attachments: Objection to short term let application number PK12308P.docx
Follow Up Flag: Follow up
Flag Status: Flagged
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 be concerned,
Please find attached my objection to the application for a short-term letting licence for my neighbouring
property at 5 Gartwhinzean Loan, Powmill, FK14 7LU.
I understand the council expects concerns from neighbours to be raised with the operators in the first
instance, however, as you will see in my letter, there are historic and ongoing concerns raised with the
running of this short term let of which the operators are aware, and to which there has been no
satisfactory resolution.
Unfortunately, our last hope is to raise this objection with the Licensing Department.
I hope I have been able to cover the issues in accordance with the guidelines specified on the Perth and
Kinross Council website, however, I would be happy to discuss these concerns in greater detail at any time
convenience to the license committee.
On a final note, I would like to identify that I am not aware of a final date for objections in relation to this
application as no public notice has been displayed (contrary to the requirements of application process). I
am therefore submitting the objection within 21 days of the application date specified on the Short term
lets licensing public register on PKC website (28th September 2023).
Kindest regards,
Monica Craig
Tel: 
Address: 7 Gartwhinzean Loan, Powmill, FK14 7LU
Email: 
7
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Page 80

Monica Craig
7 Gartwhinzean Loan
Powmill
Perth and Kinross
FK147LU 
Monday 9th October 2023 
To whom it may concern,
I am wriƟng to object to the applicaƟon for a short-term leƫng license for the address ‘Tigh Na
Beannaich’ at 5 Gartwhinzean Loan, Powmill, FK14 7LU (Licence Number PK12308P; ID – 478).
This objecƟon is made on the grounds of:
1. The locaƟon, character, or condiƟon of the premises;
2. The nature and extent of the proposed acƟvity;
3. The kind of persons likely to be in the premises;
4. The possibility of undue public nuisance; and
5. Public order/ safety
I will endeavour to address these points below. 
1. The locaƟon character, or condiƟon of the premises; and
2. The nature and extent of the proposed acƟvity
Gartwhinzean Loan is a quiet country-side seƩlement consisƟng of 16 houses. The residents are in
the majority composed of reƟrees and young families. Most of the neighbours get on very well and
there is a strong sense of community between the long-term residents of this street. This is
interrupted only by the presence of this short term let which regularly sees large groups of people
with no interest or investment in community, stay for an average of 3-4 days and move on again. The
turnover can be highly frequent, and it is not uncommon for one set of guests to depart in the
morning with another set arriving in the aŌernoon. With capacity set at 13 people, this means that is
it not unusual for there to be 26 strangers come and go in our street each week. For a street that has
a long-term populaƟon of closer to 35 this is highly unseƩling. The average number of people per
household on Gartwhinzean Loan is three, a requested capacity of 13 is clearly puts the group sizes
out of character with the residenƟal nature of the immediate area. 
In the immediate houses surrounding this property there is an elderly couple (one of whom is in
their 80s and the other in their 90s), two older reƟred couples, and one young family with a small
child aged 7. The representaƟon of more vulnerable groups in the long-term residents who are
reliant on neighbourly support and their local community for safety suggests that a property for
large, transient groups is not suitable for, or in keeping with, the character of the locaƟon. 
The conƟnued operaƟon of a short-term leƫng facility within the neighbourhood would conƟnue to
impact adversely on the character and amenity of the local area, parƟcularly the residenƟal amenity
of those living permanently in the residenƟal street. 
3. The kind of persons likely to be in the premises; and
4. The possibility of undue public nuisance
Given the size of the property, it’s stated preferred capacity, the cost associated with its use and the
feature of the in-door swimming pool - the house is designed to appeal to large groups and regularly
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Page 81

gets described as a ‘party house’. On at least two of the lisƟngs the property is listed as a ‘CelebraƟon
House’ - see screenshots below taken on 5th October 2023: 
Historically the property has aƩracted large groups for parƟes; including hen and stag parƟes. AŌer
complaints made to the Perth and Kinross planning enforcement department, a closing report
directed that the property is to be “occupied as a whole to one family or extended families, and this
is not let to stag and hen parƟes” (report available for case reference number 22/00011/STL).
As recently as 19th May 2023 the property hosted a hen party (for which I have photographic
evidence of a group of females, gathered and drinking alcohol in the back garden while sporƟng
sashes that say ‘hen party’). The owner seemed unaware that the guests were hosƟng a hen party
and further was unaware that this was expressly not permiƩed in line with a closing report from the
Perth and Kinross Planning Enforcement Agency (case reference number 22/00011/STL).
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Page 82

Furthermore, despite the aforemenƟoned closing report clearly staƟng that the house is to be
“occupied, as a whole to one family or extended families”, there is clear evidence that this this is not
how it conƟnues to be used. As recently as July 2023, there is evidence of the property being let to
groups of friends (see screenshot of review from John, below, taken on 5th October 2023). 
The property is designed to be let to large groups (up to 13 adults) which requires areas for gathering
– this naturally results in groups oŌen gathering at night to smoke, drink, and converse in outdoor
areas (given that smoking is not permiƩed indoors). Unfortunately, this area is only 16.15 meters
from my bedroom window and 18.4m from the bedroom window of my son (see screen shots below
from google earth with distances). 
Page 82 of 130

Page 83

As the rest of the street is so quiet, the noise carries, and it has kept me, and my family awake many
nights over the years we have lived here. When guests regularly enter and leave the house, the
outside light comes on and noise from inside the house (music and loud conversaƟon – oŌen with
loud, coarse language – again for which I have video evidence) is carried outside. Previously the pool
has been fully equipped with a disco ball, mulƟcoloured lights, and a sound system wired throughout
the house (again for which I have video evidence). The fact that the pool is surrounded by a single-
glazed structure further amplifies the sound and light polluƟon out into the neighbourhood.
When guests arrive, there are oŌen disturbances from late-night grocery deliveries. We have been
woken by the sounds of glass, cans and general rubbish being disposed of late at night and early in
the morning as unfortunately the bin storage is located next to our bedrooms. This has occurred as
recently as Sunday 8th October 2023 where guests were loudly disposing of garbage at 10pm.
Furthermore, we have regularly been disrupted by the arrival of buses late at night delivering large,
loud seemingly intoxicated, groups back to the property.
The disrupƟon, stress, insecurity, and anxiety this causes to myself, my family and other neighbours
negaƟvely impacts our quality of life and my experience of living in this neighbourhood. 
5. Public health and safety
On occasions where the owners have been contacted regarding issues, there have regularly been
several days delay to respond or responses indicaƟng that the owners are unable to aƩend/ contact
the guests. 
In these scenarios we have been leŌ to put up with the disturbances ourselves which is very anxiety
inducing. It is inƟmidaƟng to approach a large group of intoxicated strangers and ask them to please
keep the noise down or to move inside. I have on occasion felt unsafe in doing so.
I have also sought advice from CiƟzens Advice, as well as Perth and Kinross safer communiƟes’ team,
and Perth and Kinross planning council. None of which resulted in the owners taking sufficient
acƟons to saƟsfactorily minimise the disrupƟon to the neighbouring properƟes. We have been
required to call the police on several occasions to help deal with anƟ-social behaviour. The behaviour
has included, but is not limited to, noise nuisance and drunken behaviour such as screaming/
shouƟng, loud music, and loud swearing (which is parƟcularly concerning as I have a young child who
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Page 84

can hear these discussions). I understand that I am not the only resident who has felt no opƟon but
to complain to police. I am aware of at four occasions of the police aƩending within the last two
years to deal with anƟ-social complaints/ behaviour.
There seems to be a lack of awareness/ willingness to comply with the minimal guidelines that have
been enforced to date. For example, when a concern was raised regarding the hen party which took
place in May, the owners informed me that they believed that it was their decision whether they
accepted stag parƟes and that it was not a decision which had been imposed by PKC (I can provide
copies of the text exchange to corroborate this if required). This was obviously incorrect, and I had to
direct them to the aforemenƟoned closing report which they had been provided, and which
expressly does not permit use for these purposes. This non-compliance alludes to an ongoing sense
of dismissiveness from the applicants regarding of the negaƟve impacts that the use of the house for
large groups has on the neighbouring properƟes. 
Non-compliance with applicaƟon process for short-term license
Finally, regarding the process of applying for a license for short-term leƫng, despite publicly available
and clear guidance detailing applicants responsibility (i.e. “you must noƟfy neighbours of intent to
apply” - hƩps://www.pkc.gov.uk/media/50146/Short-term-Lets-InformaƟon-and-
Guidance/pdf/Short-term_Lets_-_InformaƟon_and_Guidance.pdf?m=637998779188800000). As at
Ɵme of wriƟng, I nor as I understand, any of my neighbours have been engaged with. 
I believe this is because the applicants are fully aware of the difficulƟes their property has caused the
neighbourhood and are not willing to take concerns into account. Furthermore, the guidance
indicates that the applicants must clearly “display a site noƟce at or near the premises so it can be
conveniently read by the public.” Despite the applicaƟon being made on 28th September 2023
(according to the Perth and Kinross register), at the Ɵme of wriƟng (eleven days later on 9th October
2023) there is sƟll no visible noƟce. The applicants have not aƩempted to engage or provide
reassurance despite being aware of the negaƟve impact of the short term let on the community, and
despite having been on the premises recently, having our phone numbers, and email address.
This could and should be a lovely family home in a nice community.
Thank you for providing the opportunity to raise our concerns. I hope that these are taken into
consideraƟon as we would dearly love to be able to live in peace and security in our own home. 
Kindest regards,
Monica Craig
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PERTH AND KINROSS COUNCIL – LICENSING COMMITTEE
27 March 2024
REPORT BY STRATEGIC LEAD – LEGAL AND GOVERNANCE
TYPE OF APPLICATION Grant of a Short-Term Let Licence
APPLICANT(S) Highland Spaces Limited
Provisional Licence Number: PK11842P
PREMISES (if applicable)  The Tabernacle, Dull, Aberfeldy, Perth And Kinross, PH15 2JQ  
THE APPLICATION Highland Spaces Limited, the sole, corporate entity Applicant, has 
applied for a three-year short-term let licence as an existing host
(operating prior to 1 October 2022). All Directors of the corporate 
entity have been named in the Application. 
The Application has been validated by Licensing Officers and was
sent out for consultation. Police Scotland, Scottish Fire and Rescue
Services, and PKC Planning Department have stated they have no
objections to this application. 
The short-term let property is a detached house. The Application is
for that of a ‘secondary letting’ short-term let licence. 
The property has two bedrooms, the Applicant has applied for a
maximum capacity of five guests. 
Four 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);
8
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 compliance/ability to comply with any additional conditions
that the Council might attach to the licence (either specific to
the accommodation, or specific to short-term lets in Perth
and Kinross); and
 the suitability of the premises in the context of Perth and
Kinross Council’s policies. 
The Council may vary the terms of a licence on any grounds they
think fit and can do this at any time.  This can be done following an
application made to the Council by the licence holder on their own
initiative. This could include adding further conditions to the licence. 
The Council will consult with the statutory consultees and any other
parties it considers appropriate. 
Conditions attached to a Short-term Let Licence   
Mandatory Conditions 
Any Licence will be subject to Conditions. Under the 2022 Order,
there are certain conditions which the Council must attach to a
short-term let licence, irrespective of the type of short-term let
granted, whether it is Secondary Letting, Home Letting, Home
Sharing or Home Letting and Home Sharing.  These are known as
“mandatory conditions” and are detailed at Annex A. 
Please note that the Council has no power to amend these
mandatory conditions. 
All applicants should ensure, prior to applying for a short-term let
licence of any type that they are able to comply with the mandatory
conditions attached to a licence.  Applicants should also note that
in term of listing their premises as a licensed short-term let, as
required under mandatory condition 14, the listing must include the
licence number provided by the Council and the valid energy
performance certificate rating) if an Energy Performance Certificate
is required for the premises, in accordance with the Energy
Performance of Buildings (Scotland) Regulations 2008. 
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LEGAL POSITION The Civic Government (Scotland) Act 1982 provides grounds for
refusal of a short-term let licence.  Any decision to refuse a short-
term let licence must be relevant to one or more the following
grounds of refusal as detailed in the Civic Government (Scotland)
Act 1982:- 
A licensing authority must grant the application unless one of the
grounds of refusal exists. If, in the opinion of the Committee, a
ground of refusal exists then the application must be refused.   
The grounds of refusal are:- 
(a) the applicant or, where the applicant is not a natural person,
any director of it or partner in it or any other person responsible
for its management, is either – 
(i) for the time being disqualified under section 7(6) of this
Act, or
(ii) not a fit and proper person to be the holder of the licence;
(b) the activity to which it relates would be managed by or carried
on for the benefit of a person, other than the applicant, who
would be refused the grant or renewal of such a licence if he
made the application him/herself;    
(c) where the licence applied for relates to an activity consisting of
or including the use of premises, those premises are not
suitable or convenient for the conduct of the activity having
regard to – 
(i) the location, character or condition of the premises;
(ii) the nature and extent of the proposed activity;
(iii) the kind of persons likely to be in the premises;
(iv) the possibility of undue public nuisance; or
(v) public order or public safety; or
(ca) the applicant would not be able to secure compliance with:
(i) the mandatory licence conditions, and
(ii) the standard conditions and any further conditions to
which the licence is to be subject;
(cb) the application does not contain the consent of the owners of
the premises; or 
(d) there is other good reason for refusing the application; 
and otherwise shall grant the application. 
In deciding whether or not to grant or renew a Licence, the Council
will consider each Application on its own merits and will take into
account the following: 
 any Objections or Representations
 this Licensing Policy Statement
 any other relevant considerations
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OPTIONS The Committee need to consider whether the objection(s) received
relate to the activity of a short term let licence. 
The options open to the Committee are therefore to: 
 grant the application;
 grant the application for a shorter period of time; 
 grant the application with additional conditions; or
 refuse the application if one of the grounds for refusal exist. 
PROCEDURE  Identify parties
 Consider any preliminary issues
 Members of the public speak to their
representation(s)/objection(s)  
 Committee asks any questions to the objectors
 Applicant makes submission
 Committee asks any questions of the applicant
 Objector/s sum up
 Applicant sum up
 Committee makes decision 
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Annex A – Mandatory Conditions 
Mandatory conditions will be applied to all types of short-term let licences (as specified in
schedule 3 of the Order) and Temporary Exemptions.  The following are mandatory
conditions and will apply to all licences issued:- 
Agents
1. Only those named as a holder of the licence can carry out the day to day
management of the short- term let of the premises. 
Type of licence
2. The holder of the licence may only offer the type of short-term let for which the licence
has been granted. 
Fire safety
3. The holder of the licence must ensure the premises has satisfactory equipment
installed for detecting, and for giving warning of –  
(a) fire or suspected fire, and
(b) the presence of carbon monoxide in a concentration that is hazardous to
health. 
4. The holder of the licence must keep records showing that all upholstered furnishings
and mattresses within the parts of the premises which are for guest use, or to which
the guests are otherwise permitted to have access, comply with the Furniture and
Furnishings (Fire Safety) Regulations 1988(1).
Gas safety
5. Where the premises has a gas supply - 
(a) the holder of the licence must arrange for an annual gas safety inspection of
all gas pipes, flues and appliances in the premises, 
(b) if, after an annual inspection, any appliance does not meet the required safety
standard, the holder of the licence must not allow a short-term let of the
premises until the works necessary to bring the appliance to the required safety
standard have been carried out. 
Electrical safety
6. Where there are electrical fittings or items within the parts of the premises which are
for guest use, or to which the guests are permitted to have access, the holder of the
licence must - 
(a) ensure that any electrical fittings and items are in - 
(i) a reasonable state of repair, and
(ii) proper and safe working order, 
(b) arrange for an electrical safety inspection to be carried out by a competent
person at least every five years or more frequently if directed by the competent
person, 
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(c) ensure that, following an electrical safety inspection, the competent person
produces an Electrical Installation Condition Report on any fixed installations, 
(d) arrange for a competent person to—
(i) produce a Portable Appliance Testing Report on moveable appliances to
which a guest has access, and 
(ii) date label and sign all moveable appliances which have been inspected. 
7. In determining who is competent, the holder of the licence must have regard to
guidance issued by the Scottish Ministers under section 19B(4) of the Housing
(Scotland) Act 2006. 
Water safety: private water supplies 
8. Where the premises are served by a private water supply, the licence holder must
comply with the requirements on the owners of private dwellings set out in the Water
Intended for Human Consumption (Private Supplies) (Scotland) Regulations 2017.       
Water safety: legionella 
9. The holder of the licence must assess the risk from exposure to legionella within the
premises, whether or not the premises are served by a private water supply. 
Safety & repair standards 
10. (1) The holder of the licence must take all reasonable steps to ensure the premises
are safe for residential use. 
(2) Where the premises are subject to the requirements of Chapter 4 of Part 1 of the
Housing (Scotland) Act 2006, the holder of the licence must ensure that the premises
meet the repairing standard. 
Maximum Occupancy 
11. The licence holder must ensure that the number of guests residing on the premises
does not exceed the number specified in the licence. 
Information to be displayed 
12. The holder of the licence must make the following information available within the
premises in a place where it is accessible to all guests -   
(a) a certified copy of the licence and the licence conditions,
(b) fire, gas and electrical safety information,
(c) details of how to summon the assistance of emergency services,
(d) a copy of the gas safety report,
(e) a copy of the Electrical Installation Condition Report, and
(f) a copy of the Portable Appliance Testing Report. 
Planning Permission 
13. Where the premises is in a short-term let control area for the purposes of section
26B of the Town and Country Planning (Scotland) Act 1997(4) (“the 1997 Act”), the
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holder of the licence must, where the use of the premises for a short-term let requires
planning permission under the 1997 Act, ensure that either— 
(a) an application has been made for planning permission under the 1997 Act and
has not yet been determined, or
(b) planning permission under the 1997 Act is in force. 
Listings 
14. (1) The holder of the licence must ensure that any listing or advert (whether electronic
or otherwise) for the short-term let of the premises includes - 
(a) the licence number, and
(b) a valid Energy Performance Certificate rating if an Energy Performance
Certificate is required for the premises, in accordance with the Energy
Performance of Buildings (Scotland) Regulations 2008(5). 
(2) The holder of the licence must ensure that any listing or advert (whether electronic
or otherwise) for the short-term let of the premises is consistent with the terms of the
short-term let licence. 
Insurance
15. The holder of the licence must ensure that there is in place for the premises - 
(a) valid buildings insurance for the duration of the licence, and
(b) valid public liability insurance for the duration of each short-term let
agreement. 
Payment of fees
16. The holder of the licence must pay any fees due to the licensing authority in respect
of the licence on demand.  
False or misleading information
17. The holder of the licence must not provide any false or misleading information to the
licensing authority. 
Interpretation
18. In this schedule - 
“Electrical Installation Condition Report” means a report containing the following
information – 
(a) the date on which the inspection was carried out,
(b) the address of the premises inspected,
(c) the name, address and relevant qualifications of the person who carried out the
inspection, 
(d) a description, and the location, of each installation, fixture, fitting and appliance
inspected, 
(e) any defect identified,
(f) any action taken to remedy a defect, 
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“Energy Performance Certificate” means a certificate which complies with regulation 6 of
the Energy Performance of Buildings (Scotland) Regulations 2008), 
“gas safety report” means a report containing the following information - 
(a) the date on which the appliance or flue was checked,
(b) the address of the premises at which the appliance or flue is installed, 
(c) a description of and the location of each appliance or flue checked,
(d) any safety defect identified,
(e) any remedial action taken,
(f) confirmation that the check undertaken complies with the requirements of an
examination of -  
(i) the effectiveness of any flue,
(ii) the supply of combustion air,
(iii) subject to head (iv), its operating pressure or heat input or, where
necessary,
(iv) if it is not reasonably practicable to examine its combustion performance,
(v) its operation so as to ensure its safe functioning, 
(g) the name and signature of the individual carrying out the check, and
(h) the registration number with which that individual, or that individual’s employer, is
registered with a body approved by the Health and Safety Executive for the
purposes of regulation 3(3) of the Gas Safety (Installation and Use) Regulations
1998(7), 
“holder of the licence” means any person to whom a short-term let licence has been
granted or jointly granted, 
“home letting” means a short-term let consisting of the entering into of an agreement for
the use, while the host is absent, of accommodation which is, or is part of, the host’s only
or principal home, 
“home sharing” means a short-term let consisting of the entering into of an agreement for
the use, while the host is present, of accommodation which is, or is part of, the host’s only
or principal home, 
“premises” means the accommodation which is the subject of an application for a short-
term licence or the subject of a short-term licence, 
“repairing standard” means the steps which the holder of the licence is required to take to
comply with the obligations placed on the holder by Chapter 4 of Part 1 of the Housing
(Scotland) Act 2006(8), 
“secondary letting” means a short-term let consisting of the entering into of an agreement
for the use of accommodation which is not, or is not part of, the licence holder’s only or
principal home, 
“short-term let” has the same meaning as in article 3 of the Civic Government (Scotland)
Act 1982 (Licensing of Short-term Lets) Order 2022, 
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“short-term let licence” means a licence for a short-term let, and “type of short-term let”
means one of the following purposes - 
(a) secondary letting,
(b) home letting,
(c) home sharing, or
(d) home letting and home sharing. 
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Page 95

1
Civic Licensing
From: David Reilly < >
Sent: 14 October 2023 13:34
To: CDS STL
Subject: Highland Spaces, Dull STL license
Follow Up Flag: Follow up
Flag Status: Flagged
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 Perth and Kinross council,
I write with regard to the application for secondary letting application from Highland Spaces, The Tin Tabernacle,
Dull, PH15 2JQ. 
My property also uses the track which leads to the above property and I would like to raise my concerns about this.
The track is not tarmac and is sensitive to seasons and vehicular demand. Customers of Highland spaces are not
used to driving up a steep, rough incline and as such sit outside our property wheel spinning and causing excessive
wear on the track. When the wheel spinning is unsuccessful, the next option is to draw back down the hill and then
try again at sometimes great speed. 
There have been a number of near misses with people coming far too fast round the corner at the top to descend
the hill. 
I understand that two properties are being used as holiday letting with almost constant occupancy. Occupants then
also utilise supermarket deliveries and Amazon while they are there. When they leave, cleaners and various other
services have to attend to the properties and the track does not cope well with this excessive wear and tear caused
by such high volume of traffic. 
I would also like it to be noted that I requested the state of the track to be taken into consideration when the
planning application was made for one holiday caravan. This is now two full time Holiday properties. 
Thank you for considering my objections. 
David Reilly
The Heights
Dull
Aberfeldy
PH15 2JQ 
8
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1
Civic Licensing
From: Richard Caplan < >
Sent: 10 October 2023 09:03
To: CDS STL
Subject: Re: Short term let licence application for the Tin Tabernacle, PH15 2JQ  Ref:
PK11842P
Follow Up Flag: Follow up
Flag Status: Flagged
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.
Please accept this email as my objection to the short term let licence application for the Tin Tabernacle, PH15 2JQ
For the past 2 years the Tabernacle and its accompanying caravan, Stella, have been continuously operated as
Airbnb rentals. They have been fully occupied year round throughout that period and it is extremely rare for there to
be a vacancy. To put that into perspective there would be only 2 or 3 nights in the average month, if that, when the
properties are not fully occupied. The owners have moved permanently to Spain and to avoid any doubt about
whether this was a permanent move or not, the owners told everybody that they were moving permanently to
Spain and they took their children out of education in the UK and they have now attended school in Spain for the
past 2 years. The owners refer to the two rental properties as their "business" in the few communications that they
have had with those of us in the village who have complained to them about the situation. The owners are now a
registered Ltd company based in Edinburgh.
In addition to my concerns below, the permanent use of the Tabernacle as a short term let business will deny the
opportunity of an affordable home to local people in an area that is overwhelmed by short term lets creating an
inability for local people to find somewhere avoidable to live whether renting or buying.
The rentals are very expensive and the rental income from both the Tabernacle and Stella on average is not short of
£500 a night. Therefore for the past two years at least, the income from the properties has been in the region of
£150,000 each year. Because they are very expensive to rent, most occupants stay for no more than an average of
two or maybe three nights. Therefore there are an enormous number of changeovers. 
Each property has a hot tub which every guest uses. There are very few nights in the year when there are not people
in the hot tubs until very late into the night. It is routine for occupants to still be in the tubs past 11 o’clock at night.
This goes on all through the winter as well. Sound travels a very long way in this part of the world and even with
conversations held at a normal level, literally every word can be heard in my garden. Many of the occupants play
music outdoors whilst they are in the hot tub. It is very unusual for me to be able to go into my garden in the
evening or at night without hearing people chatting away or playing music. Most of the visitors are very nice people
and have no idea that they are causing a disturbance but there have been numerous times when the occupants have
been boisterous and essentially drunk. The owners have told those of us in the village nearby that if we are
concerned about any noise, to telephone them in Spain and they will then contact the occupants to tell them to be
quiet. None of us in the village feel that this is our responsibility and it is a totally inappropriate way to manage the
disturbance that has been created.
There is no meaningful oversight of any of the occupants. The properties have key boxes and no one is available on
site to deal with any issues, all of which are managed by the occupants telephoning the owners in Spain.
8
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2
The traffic increase in this extremely quiet corner of the village has increased markedly. The cleaners come in vans
or cars usually two at a time. The visiting occupants arrange Amazon or supermarket deliveries and the track leading
to our properties has suffered greatly. Arriving occupants have no idea how to drive safely on tracks. It is a steep
track and they drive far too fast, cutting up the track. The track is used on a daily basis by people in the village,
walking their dogs and there have been a number of near misses on what is a very blind and slippy corner.
The owners have recently advertised on the Aberfeldy Community Facebook page which confirms the current
position. (See website reference below)
In the advert, the owners describe their venture as a “busy holiday rental business”. There is no ambiguity there.
This is a business and not the occasional short term let. It is a business entirely managed from 2000 miles away with
no onsite supervision at all.
The advert describes there being 25 changeovers a month. This translates to 300 changeovers a year. There are 3
cleaners and they come in 2 vehicles. That is 600 return journeys – i.e. 1200 annual uses of a poorly maintained very
steep track and 1200 extra journeys on long single track roads into the village that does not have proper passing
places along which children walk every day to and from the school bus which picks them up and drops them off at
bottom at the main road.
It means that 300 days of the year those of us in the adjoining properties have 3 people working for up 2 to 3 hours
a day mainly outdoors as the caravan and the hot tubs and the external spaces all require cleaning at every visit.
Other general maintenance is carried out and because they are outside they talk to each other all the time over a
fairly long distance so often need to shout to each other. Between that and the sound of hoovers and hot tub
cleaning it is like having permanent building work next door and there is no let up.
The maintenance of hot tubs is not a simple matter and there are potential issues around Legionnaire’s Disease and
other health conditions. The advert indicates that the owners are content for the cleaners to have no previous
experience and that “suitable training can be given”. Legionnaire’s Disease is an airborne infection and therefore
neighbours can easily be infected and leaving this in the hands of a random cleaner is unacceptable.
There are literally hundreds of fairy lights and a number of bright blue solar lights on every night until after midnight
that can be seen across the valley and lights up the entire view from the rear of my property.
300 changeovers a year means that, assuming a conservative 4 bedded occupancy of the 6 beds between the two
properties, there is a minimum of 1000 individuals each year staying in the village with absolutely no supervision.
This in a village with a current total population of about 60 people.
Dull is a historic village with roots going back for at least a millennium and probably more. Village life has not
changed much in that time. 
That is why people cherish living here. The whole atmosphere has changed
because we now literally have over 1000 random people staying in the village each year about whom we know
nothing. There is not a single homeowner in the village who is happy about any of this.
This has all happened without any planning consideration. Indeed almost everything to do with the Tin Tabernacle
has been done with either no proper prospective planning consideration or made on the back of retrospective
planning decisions. It was built without any planning permission at all and the Council vigorously opposed
applications for conversion to residential use for over a decade until an anomaly occurred and the village boundary
was extended to include the building. The development expanded rapidly, all without any planning application and
permission was granted retrospectively in every case. The building is on land that is prone to flooding and is
unsuitable for a domestic structure. The Council know the history of this very well. This is clearly a business and
nothing to do with a homeowner making a small amount of extra income. Therefore it requires a planning process
that reflects this.
The retrospective planning process for the caravan, Stella, was within the context of it being a holiday let in the
garden of an occupied residential property. It was implied that this was a low impact seasonal venture with daily
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3
oversight from the owners. The planning application was not presented as being a significant part of a business
venture or that it would be unsupervised. The caravan has an adjacent roofed and permanent covered structure
with built in seating area, hot tub and fire pit that encourages people to spend most of their time outside. This
structure does not have planning permission. There has therefore been a fundamental and material change of use of
the caravan and its surroundings and this requires additional planning consent. 
Dull and Weem Community Council and the local councillors are in clear support of my and other villagers insistence
that this is undoubtedly a business venture that is having a detrimental impact upon neighbouring properties and
the overall atmosphere of the village and as such requires a transparent planning application.
References
Aberfeldy Community Facebook page
https://www.facebook.com/groups/551303978385712/search?q=highland%20spaces&filters=eyJycF9hdXRob3I6MC
I6IntcIm5hbWVcIjpcImF1dGhvclwiLFwiYXJnc1wiOlwiMTAwMDUxOTA1MjY0NjQ4XCJ9In0%3D
Website of Highland Spaces showing the extent of the business venture.
https://www.highlandspaces.com
Airbnb site references
The Tabernacle
https://www.airbnb.co.uk/rooms/40910082?source_impression_id=p3_1669227017_ipJTtm1Xct%2BGoEX
Caravan
https://www.airbnb.co.uk/rooms/37957646?source_impression_id=p3_1669227235_Q7fqaV7obB20BCGP
Kind regards
Dr Richard Caplan
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1
Civic Licensing
From: CDS STL
Sent: 31 October 2023 11:24
To: CDS STL
Subject: FW: Objection to a short-term let  licence application for The Tabernacle, Dull,
Aberfeldy, Perth And Kinross, PH15 2JQ
From: THOMAS PRINGLE  
Sent: Thursday, October 26, 2023 4:35 PM
To: Development Management 
Cc: Anna Brocklehurst  Roddy Kennedy ; CDS STL
; Councillor John Duff  Provost Xander McDade ;
Bailie Michael Williamson >
Subject: Fwd: Objection to a short-term let licence application for The Tabernacle, Dull, Aberfeldy, Perth And
Kinross, PH15 2JQ 
Dull and Weem Community Council would like to object to the above application and the way the owners
have progressed it. 
It is noted that they have it registered as a business and have planning for a private home, not a business,
which we feel is not what the new regulations were intended to support. 
The owners are also registered as being resident in Scotland for business purposes, and it is believed by the
Community Council that they reside in Portugal. 
The community council supports local objections to the application on the basis that the application is for a
secondary let i.e. a permanent short term letting and not a temporary use of someone's home, by a business
based in Edinburgh and therefore prevents the property being available as an affordable home for local
people. 
We also believe the application will have an overall impact to the village in terms of noise, increased traffic,
damage to tracks and roads, lack of oversight, light pollution and a failure to apply for planning permission
and therefor affects the amenity of the existing properties in the village. 
Regards 
Tom Pringle
Secretary
Dull and Weem Community Council
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c/o Appin of Dull
Dull
Aberfeldy
PH15 2JQ 
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Civic Licensing
From: anna brocklehurst < >
Sent: 06 November 2023 09:32
To: CDS STL
Subject: Application 1321 - Objection to a short-term let licence application for The
Tabernacle, Dull, Aberfeldy, Perth And Kinross, PH15 2JQ
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
I am writing to you regarding the short term license application for the Tin Tabernacle, Dull.
Application number is 1321. Given the delays in posting the notice i assume you will accept this
note. 
I am a close neighbour, my address is Kirk House, Dull, Ph152JQ
Our concerns are in relation to:
- Volume of traffic - specifically overuse of the private track that we have a shared responsibility to
contribute to but this is undefined. The track is owned by the owners of the tabernacle. The
volume of traffic this business puts on the track is disproportionate to the other properties who
share responsibility for maintenance and improvement. Changeovers are very frequent - there are
two properties at the address that are rented out on a short term basis (one is a "caravan" ) on air
bnb and as well as the traffic on the path and in the village for those staying, there are cleaners,
gardeners, delivery vans and more every week back and forth. There is currently no plan in place
for maintaining the track which impacts on neighbours to as it connects to other private paths and
the wider village. A solution for this would be to agree a maintenance plan asap. This will need to
be managed by the owners of the track as it is their responsibility. 
- Lack of manager or responsible person. I do not object to the property being rented out "in
principle". We object to the lack of on-site or even nearby management and oversight of any
issues, problems, noise, fire, water, waste etc. There is no one responsible for the property or its
guests in the UK. A solution to this would be to appoint someone local who checks regularly on
key issues and is a liaison for problems who can be on site quickly. 
- Noise. We have had many issues with noise - generally it is loud music late into the night during
the summer especially - which means we rarely use our garden in the evening as we can hear
people in the hot tubs playing music and partying well into the evening.
- Business. We did not object to the caravan or tabernacle getting planning permission originally
as we were led to believe the tabernacle would be a home, and the caravan would have an on-
site manager. Our concern is that this by-passing of process will be repeated with any future
developments on the site. As such, i feel we need to make clear our objections to the tabernacle
short term license in the hope that management of it can be improved - and any further
development would be strongly challenged and approached in the most transparent way. 
Regards, Richard and Anna Brocklehurst
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PERTH AND KINROSS COUNCIL – LICENSING COMMITTEE
27 March 2024
REPORT BY STRATEGIC LEAD – LEGAL AND GOVERNANCE
TYPE OF APPLICATION Grant of a Short-Term Let Licence
APPLICANT(S) Ms Deirdre Barron
Provisional Licence Number:  PK11790P
PREMISES (if applicable)  Flat G Fiscals House 3 South Street, Perth, Perth And Kinross,
PH2 8NJ  
THE APPLICATION Ms Barron, the sole Applicant, has applied for a three-year short-
term let licence as an existing host (operating prior to 1 October
2022). 
The Application has been validated by Licensing Officers and was
sent out for consultation. Police Scotland, Scottish Fire and Rescue
Services, and PKC Planning Department have stated they have no
objections to this application. 
The short-term let property is a self-contained flat. The Application
is for that of a ‘Secondary Letting’ short-term let licence. 
The property has one bedroom, the Applicant has applied for a
maximum capacity of two guests. 
Four 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);
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 compliance/ability to comply with any additional conditions
that the Council might attach to the licence (either specific to
the accommodation, or specific to short-term lets in Perth
and Kinross); and
 the suitability of the premises in the context of Perth and
Kinross Council’s policies. 
The Council may vary the terms of a licence on any grounds they
think fit and can do this at any time.  This can be done following an
application made to the Council by the licence holder on their own
initiative. This could include adding further conditions to the licence. 
The Council will consult with the statutory consultees and any other
parties it considers appropriate. 
Conditions attached to a Short-term Let Licence   
Mandatory Conditions 
Any Licence will be subject to Conditions. Under the 2022 Order,
there are certain conditions which the Council must attach to a
short-term let licence, irrespective of the type of short-term let
granted, whether it is Secondary Letting, Home Letting, Home
Sharing or Home Letting and Home Sharing.  These are known as
“mandatory conditions” and are detailed at Annex A. 
Please note that the Council has no power to amend these
mandatory conditions. 
All applicants should ensure, prior to applying for a short-term let
licence of any type that they are able to comply with the mandatory
conditions attached to a licence.  Applicants should also note that
in term of listing their premises as a licensed short-term let, as
required under mandatory condition 14, the listing must include the
licence number provided by the Council and the valid energy
performance certificate rating) if an Energy Performance Certificate
is required for the premises, in accordance with the Energy
Performance of Buildings (Scotland) Regulations 2008. 
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LEGAL POSITION The Civic Government (Scotland) Act 1982 provides grounds for
refusal of a short-term let licence.  Any decision to refuse a short-
term let licence must be relevant to one or more the following
grounds of refusal as detailed in the Civic Government (Scotland)
Act 1982:- 
A licensing authority must grant the application unless one of the
grounds of refusal exists. If, in the opinion of the Committee, a
ground of refusal exists then the application must be refused.   
The grounds of refusal are:- 
(a) the applicant or, where the applicant is not a natural person,
any director of it or partner in it or any other person responsible
for its management, is either – 
(i) for the time being disqualified under section 7(6) of this
Act, or
(ii) not a fit and proper person to be the holder of the licence;
(b) the activity to which it relates would be managed by or carried
on for the benefit of a person, other than the applicant, who
would be refused the grant or renewal of such a licence if he
made the application him/herself;    
(c) where the licence applied for relates to an activity consisting of
or including the use of premises, those premises are not
suitable or convenient for the conduct of the activity having
regard to – 
(i) the location, character or condition of the premises;
(ii) the nature and extent of the proposed activity;
(iii) the kind of persons likely to be in the premises;
(iv) the possibility of undue public nuisance; or
(v) public order or public safety; or
(ca) the applicant would not be able to secure compliance with:
(i) the mandatory licence conditions, and
(ii) the standard conditions and any further conditions to
which the licence is to be subject;
(cb) the application does not contain the consent of the owners of
the premises; or 
(d) there is other good reason for refusing the application; 
and otherwise shall grant the application. 
In deciding whether or not to grant or renew a Licence, the Council
will consider each Application on its own merits and will take into
account the following: 
 any Objections or Representations
 this Licensing Policy Statement
 any other relevant considerations
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OPTIONS The Committee need to consider whether the objection(s) received
relate to the activity of a short term let licence. 
The options open to the Committee are therefore to: 
 grant the application;
 grant the application for a shorter period of time; 
 grant the application with additional conditions; or
 refuse the application if one of the grounds for refusal exist. 
PROCEDURE  Identify parties
 Consider any preliminary issues
 Members of the public speak to their
representation(s)/objection(s)  
 Committee asks any questions to the objectors
 Applicant makes submission
 Committee asks any questions of the applicant
 Objector/s sum up
 Applicant sum up
 Committee makes decision 
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Annex A – Mandatory Conditions 
Mandatory conditions will be applied to all types of short-term let licences (as specified in
schedule 3 of the Order) and Temporary Exemptions.  The following are mandatory
conditions and will apply to all licences issued:- 
Agents
1. Only those named as a holder of the licence can carry out the day to day
management of the short- term let of the premises. 
Type of licence
2. The holder of the licence may only offer the type of short-term let for which the licence
has been granted. 
Fire safety
3. The holder of the licence must ensure the premises has satisfactory equipment
installed for detecting, and for giving warning of –  
(a) fire or suspected fire, and
(b) the presence of carbon monoxide in a concentration that is hazardous to
health. 
4. The holder of the licence must keep records showing that all upholstered furnishings
and mattresses within the parts of the premises which are for guest use, or to which
the guests are otherwise permitted to have access, comply with the Furniture and
Furnishings (Fire Safety) Regulations 1988(1).
Gas safety
5. Where the premises has a gas supply - 
(a) the holder of the licence must arrange for an annual gas safety inspection of
all gas pipes, flues and appliances in the premises, 
(b) if, after an annual inspection, any appliance does not meet the required safety
standard, the holder of the licence must not allow a short-term let of the
premises until the works necessary to bring the appliance to the required safety
standard have been carried out. 
Electrical safety
6. Where there are electrical fittings or items within the parts of the premises which are
for guest use, or to which the guests are permitted to have access, the holder of the
licence must - 
(a) ensure that any electrical fittings and items are in - 
(i) a reasonable state of repair, and
(ii) proper and safe working order, 
(b) arrange for an electrical safety inspection to be carried out by a competent
person at least every five years or more frequently if directed by the competent
person, 
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(c) ensure that, following an electrical safety inspection, the competent person
produces an Electrical Installation Condition Report on any fixed installations, 
(d) arrange for a competent person to—
(i) produce a Portable Appliance Testing Report on moveable appliances to
which a guest has access, and 
(ii) date label and sign all moveable appliances which have been inspected. 
7. In determining who is competent, the holder of the licence must have regard to
guidance issued by the Scottish Ministers under section 19B(4) of the Housing
(Scotland) Act 2006. 
Water safety: private water supplies 
8. Where the premises are served by a private water supply, the licence holder must
comply with the requirements on the owners of private dwellings set out in the Water
Intended for Human Consumption (Private Supplies) (Scotland) Regulations 2017.       
Water safety: legionella 
9. The holder of the licence must assess the risk from exposure to legionella within the
premises, whether or not the premises are served by a private water supply. 
Safety & repair standards 
10. (1) The holder of the licence must take all reasonable steps to ensure the premises
are safe for residential use. 
(2) Where the premises are subject to the requirements of Chapter 4 of Part 1 of the
Housing (Scotland) Act 2006, the holder of the licence must ensure that the premises
meet the repairing standard. 
Maximum Occupancy 
11. The licence holder must ensure that the number of guests residing on the premises
does not exceed the number specified in the licence. 
Information to be displayed 
12. The holder of the licence must make the following information available within the
premises in a place where it is accessible to all guests -   
(a) a certified copy of the licence and the licence conditions,
(b) fire, gas and electrical safety information,
(c) details of how to summon the assistance of emergency services,
(d) a copy of the gas safety report,
(e) a copy of the Electrical Installation Condition Report, and
(f) a copy of the Portable Appliance Testing Report. 
Planning Permission 
13. Where the premises is in a short-term let control area for the purposes of section
26B of the Town and Country Planning (Scotland) Act 1997(4) (“the 1997 Act”), the
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holder of the licence must, where the use of the premises for a short-term let requires
planning permission under the 1997 Act, ensure that either— 
(a) an application has been made for planning permission under the 1997 Act and
has not yet been determined, or
(b) planning permission under the 1997 Act is in force. 
Listings 
14. (1) The holder of the licence must ensure that any listing or advert (whether electronic
or otherwise) for the short-term let of the premises includes - 
(a) the licence number, and
(b) a valid Energy Performance Certificate rating if an Energy Performance
Certificate is required for the premises, in accordance with the Energy
Performance of Buildings (Scotland) Regulations 2008(5). 
(2) The holder of the licence must ensure that any listing or advert (whether electronic
or otherwise) for the short-term let of the premises is consistent with the terms of the
short-term let licence. 
Insurance
15. The holder of the licence must ensure that there is in place for the premises - 
(a) valid buildings insurance for the duration of the licence, and
(b) valid public liability insurance for the duration of each short-term let
agreement. 
Payment of fees
16. The holder of the licence must pay any fees due to the licensing authority in respect
of the licence on demand.  
False or misleading information
17. The holder of the licence must not provide any false or misleading information to the
licensing authority. 
Interpretation
18. In this schedule - 
“Electrical Installation Condition Report” means a report containing the following
information – 
(a) the date on which the inspection was carried out,
(b) the address of the premises inspected,
(c) the name, address and relevant qualifications of the person who carried out the
inspection, 
(d) a description, and the location, of each installation, fixture, fitting and appliance
inspected, 
(e) any defect identified,
(f) any action taken to remedy a defect, 
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“Energy Performance Certificate” means a certificate which complies with regulation 6 of
the Energy Performance of Buildings (Scotland) Regulations 2008), 
“gas safety report” means a report containing the following information - 
(a) the date on which the appliance or flue was checked,
(b) the address of the premises at which the appliance or flue is installed, 
(c) a description of and the location of each appliance or flue checked,
(d) any safety defect identified,
(e) any remedial action taken,
(f) confirmation that the check undertaken complies with the requirements of an
examination of -  
(i) the effectiveness of any flue,
(ii) the supply of combustion air,
(iii) subject to head (iv), its operating pressure or heat input or, where
necessary,
(iv) if it is not reasonably practicable to examine its combustion performance,
(v) its operation so as to ensure its safe functioning, 
(g) the name and signature of the individual carrying out the check, and
(h) the registration number with which that individual, or that individual’s employer, is
registered with a body approved by the Health and Safety Executive for the
purposes of regulation 3(3) of the Gas Safety (Installation and Use) Regulations
1998(7), 
“holder of the licence” means any person to whom a short-term let licence has been
granted or jointly granted, 
“home letting” means a short-term let consisting of the entering into of an agreement for
the use, while the host is absent, of accommodation which is, or is part of, the host’s only
or principal home, 
“home sharing” means a short-term let consisting of the entering into of an agreement for
the use, while the host is present, of accommodation which is, or is part of, the host’s only
or principal home, 
“premises” means the accommodation which is the subject of an application for a short-
term licence or the subject of a short-term licence, 
“repairing standard” means the steps which the holder of the licence is required to take to
comply with the obligations placed on the holder by Chapter 4 of Part 1 of the Housing
(Scotland) Act 2006(8), 
“secondary letting” means a short-term let consisting of the entering into of an agreement
for the use of accommodation which is not, or is not part of, the licence holder’s only or
principal home, 
“short-term let” has the same meaning as in article 3 of the Civic Government (Scotland)
Act 1982 (Licensing of Short-term Lets) Order 2022, 
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“short-term let licence” means a licence for a short-term let, and “type of short-term let”
means one of the following purposes - 
(a) secondary letting,
(b) home letting,
(c) home sharing, or
(d) home letting and home sharing. 
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Civic Licensing
From: Laura Witchalls
Sent: 10 October 2023 13:58
To: CDS STL
Subject: Objection to license application PH2 8NJ flat G
CAUTION: This email originated from an external organisation. Do not follow guidance, click links, or open
attachments unless you have verified the sender and know the content is safe.
Good afternoon 
New notice displayed flat G window on Monday 2nd October (please note this was dated 14/09/23) 
No other notices displayed in common areas. 
Please accept below as objection to allocation of license:
Application Address : Flat G, Fiscals House, 3 South Street, Perth, PH2 8NJ
Applicant : Ms Deirdre Brown
Objectors’ Names : Donald & Wilma Graham
Objectors’ Address : The Garret, Flat E, Fiscals House, 3 South Street, Perth, PH2 8NJ
No notice received to date (10/10/23)
Notice displayed at height in Flat G window (noted by neighbours) Monday 2/10/23.
Please note that neither us nor our neighbours are aware that any Public Notices have been displayed in the
common areas inside the Fiscals House flats.
Also please note there have been unknown people seen leaving the flat (Sunday 8/10/23) unsure if still being rented
out. 
Reasons for Objection:
1. The above change of use would be in breach of the legally binding Deed of Conditions for the property
relating to short term lets.  The Deed (relevant page attached) applies to all of the flats in Fiscals House, 3
South Street, and all owners MUST comply with this Deed.  
2. The Deed clearly states (Para 7.2) that the flats can only be occupied as a dwellinghouse for a single family.
Renting the flat out as an AirBnB on a regular short term basis to numerous individuals is a clear breach.
3. The Deed also states (Para 7.3) that the dwellinghouse cannot be used to carry out any business (without
consent of the Owners’ Association). When this matter was raised at the Owners’ Association meeting by
Ms Deirdre Brown, objection to the use of Flat G as an AirBnB as is proposed was made by more than one
flat owner in Fiscals House. Ms Brown ignored this objection and has been operating the flat as an AirBnB
for some time with several separate bookings already made.
4. The Deed goes on to state separately (Para 7.3) that the flats cannot be used in any manner unreasonably to
the annoyance of any other Proprietor. The noise and disturbance nuisance and regular changeover of Air
BnB customers over the past 12 months has already caused such annoyance.
5. Security and Safety. The flats are accessed by a front door directly from South Street with a common key.
This leads into a communal hallway, stair core and lift from which each flat is accessed with individual keys.
The provision of the common keys to AirBnB customers poses a significant security risk to all of the other
flats in the property.
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6. The South Street front door has a secure electronic system with a separate doorbell for each flat. This
ensures nobody can enter the premises unless known to us and invited in. That will not be the case if AirBnB
customers have the main door keys and will be able to allow anybody else to enter via the South Street front
door. 
7. We are personally very concerned about the presence of numerous unknown individuals being given free
access to the lift and stair core at any time of day or night, thereby being able to readily get access to our
flat’s door.
We hope you will consider these objections, and we respectfully request that you refuse this application for a
change of use.
Please contact us by replying to this email or calling 07429 385409 should you require any further information or
clarification of the above points. 
Many Thanks
Laura Witchalls on behalf of 
Donald & Wilma Graham
Attachment:
1. Extract from Deed of Conditions
<image1.jpeg>
Laura 
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Nicola Storrar
From: Fergus Purdie
Sent: 11 October 2023 22:55
To: CDS STL
Subject: Objection to short-term let license application for Flat G Fiscals House 3 South
Street, Perth, Perth And Kinross, PH2 8NJ
Attachments: V 03 - letter of objection.pdf
CAUTION: This email originated from an external organisaon. Do not follow guidance, click links, or open
aachments unless you have verified the sender and know the content is safe.
Good aernoon.
Subject: FW: Objecon to license applicaon with respect to a change of use from flat to short-term let.
Application Address : Flat G, Fiscals House, 3 South Street, Perth, PH2 8NJ
Applicant : Ms Deirdre Brown
Objectors’ Names : Fergus and Elizabeth Purdie
Objectors’ Address : Flat H, Fiscals House, 3 South Street, Perth, PH2 8NJ
Reference the above and recent re-notification of the licence application due to it being incorrectly displayed  -
please accept this new email as an objection (see letter attached) following a notice displayed in the window of Flat
G,  3 South Street, Perth PH2 8NJ. For information there is an active planning application Ref 23/01025/FLL  (noted
as “currently awaiting decision”) still to be determined.
Regards Fergus and Elizabeth Purdie
Fergus Purdie RSA
Architect
5a Melville Street
Perth PH1 5PY 
www.ferguspurdiearchitect.co.uk
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Application For Short-Term Let - Objection To The Proposals
Background information - the property was bought in June 2022 and immediately operated as a
short-term let - Airbnb. The owner was informed of the need for planning permission (a change of
use) and a license to operate an Airbnb. However, they decided to ignore the existing resident’s
concerns about this breach of planning. Then, after a period of 12 months of operating the short-
term let, and only after the intervention of PKC, did the owner finally submit a planning application.
The proposal does not satisfy the NPF4 Policy 30 – Tourism, with respect to the following.
30b states - proposals for tourism related development will take into account:
i. The contribution made to the local economy.
iii. Impacts on communities, for example by hindering the provision of homes and services for local
people.
In respect of criterion (i) economic benefit, short-term letting will not provide the amount and
quality of localised financial contribution made by a permanent resident all year round. In fact, as it is
not a fully occupied residence it will be significantly less in both aspects. Not an economic benefit.
In respect of criterion (iii), the impact of Flat G’s current short-term let business demonstrates a clear
disregard for an established community based approach to town centre living that Fiscals House
encourages and supports. Also endorsed by the Scottish Government guidance and advice. Also refer
to 30e (ii) below.
30e states - development proposals for the reuse of existing buildings 
for short-term holiday letting will not be supported where the proposal will result in:
i. an unacceptable impact on local amenity or the character of a neighbourhood or area.
ii. The loss of residential accommodation where such loss is not outweighed by demonstrable local
economic benefits.
In respect of 30e (i), the building has common amenity areas for the residents including hallways,
storage and bins. Short-term letting has caused existing residents/owners a range of issues including
for example - wellbeing, anti-social behaviour and building management. Consequently, the ongoing
use of Flat G as a short-term let will continue to have an adverse effect on occupants. Issues such as
security and safety, smoking in the common areas and the misuse of recycling and refuse bins - all
impacting negatively upon the local amenity. 
In respect of 30e (ii), the proposal would result in the loss of a flat that would otherwise provide long
term residential accommodation for someone who wants to live in the city centre. An example of
how the use of short term let has impacted negatively upon the property occurred when a previous
neighbour, a long-term let, in an adjacent flat in the building had to move out due to the flat being
sold. Flat G would have been an ideal opportunity for them to move into. However, due to it being
used for short-term let and the owner not interested in long-term lets, they had to move out of the
city centre. The outcome was the loss of residential accommodation and the positive economic and
social benefits of a local resident. This clearly demonstrates the detrimental impact of criterion (ii) as
described above.
In addition to all of the above there are existing hospitality businesses in the city centre that having
come out of a pandemic and with the current impact of the cost of living crisis will suffer additional
economic burdens because of short-term letting. Existing businesses should be supported.
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Civic Licensing
From: Judith Bell
Sent: 27 September 2023 15:57
To: CDS STL
Subject: Short Term Let licence objection
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
I write to express my objection to the granting of a STL  licence to the property:
Flat G
3 So0uth Street
Perth
I am a tenant in :
Flat i
3 South Street
Perth
PH2 8NJ
My objection is in 3 parts
1. Security - we have had issues previously with the access door, which leads directly to a busy street, being left
propped open allowing anyone access to the building. 
2. Potential noise and anti social behaviour. In the past, when Flat G was used as a holiday let, we were disturbed by
loud music and shouting coming from Flat G. Our Flat is directly above the property and the most likely in the
building to be disturbed.
3. The lack of affordable, rented accomodation in Perth. As a tenant myself, I know how difficult it is to find suitable
properties to rent in Perth.
Regards,
Judith Bell
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Civic Licensing
From: Karen Jones
Sent: 11 October 2023 09:26
To: CDS STL
Subject: Re: Update - Objection to short-term let licence application for Flat G Fiscals House
3 South Street, Perth, Perth And Kinross, PH2 8NJ
Dear Karen
Thanks for your email.
Not clear why I have to resubmit my objections as the notice refers to the original date, 10 September and you state
that the consultation period has simply been extended. There does not appear to be any new public notice.
However for the avoidance of doubt:
I am the owner of Flat J Fiscal’s Hope Perth PH2 8NJ, Karen Jones.
My flat is directly above Flat G where the owner has applied for a short-term letting license.
I object to this application for the reasons given in the objection to the planning application:
Planning permission for this building was given for residential flats, not tourism related businesses:
Operation of a business is prohibited in the building deed of conditions which the owner of flat G is
well aware of; Noise, nuisance and general disturbance caused to other residents of Fiscal’s house;
Impact on other tourism related business in the area, eg hotels, of permitting short-term lets in the
area; General loss of residential accommodation in an area where there is a housing shortage.
Note also that no neighbour notices have been issued for this. The compliance with th minimal
public notice requirements is deplorable - notice displayed in a window at a height where it could
not be read.
This application should be rejected.
I note what you say about planning permission but my reference is to the original and current planning status. I am
aware of an application to change the status which like other neighbours, I have also objected to. It is perverse that
a license can be granted for a purpose for high no planning permission exists.
Regards
Karen Jones
On 5 Oct 2023, at 12:09, CDS STL <STL@pkc.gov.uk> wrote:
Good morning,
We write further to your email of 03 October 2023 and with regards to the application for a short-
term let licence for the premises located at Flat G Fiscals House 3 South Street, Perth, Perth And
Kinross, PH2 8NJ. 
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It was brought to our attention that the Public Notice of Information for these premises was
incorrectly displayed. Contact has been made with the applicant and they have been instructed to
display the correct notice for a further 21 days. Please note that, once the new Public Notice of
Information is posted, this will reset the public consultation period. As such, you will be required to
resubmit your objection if you wish to be heard by the Licensing Committee with respect to this
short-term let licence application. 
Objections and/or representations should include the grounds for making same. In that regard, with
respect to your note regarding planning permission, not holding planning permission does not
necessarily preclude an applicant from being granted a short-term let licence. However, we are
unable to provide advice with respect to planning and planning permission and therefore suggest
that you please call 01738 475300 (ask for the Planning Department). While the Planning
Department is best suited to answer any specific enquiries, you may wish to read our guidance: Do I
need planning permission for a short-term let? - Perth & Kinross Council (pkc.gov.uk). 
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.
-----Original Message-----
From: Karen  
Sent: Tuesday, October 3, 2023 8:14 AM
To: CDS STL <STL@pkc.gov.uk>
Subject: FlatG Fiscal's House Perth PH2 8NJ 
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 Whoever
I am the owner of Flat J Fiscal’s Hope Perth PH2 8NJ, Karen Jones. 
My flat is directly above Flat G where the owner has applied for a short-term letting license.
I object to this application for the reasons given in the objection to the planning application:
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3
Planning permission for this building was given for residential flats, not tourism related businesses:
Operation of a business is prohibited in the building deed of conditions which the owner of flat G is
well aware of; Noise, nuisance and general disturbance caused to other residents of Fiscal’s house;
Impact on other tourism related business in the area, eg hotels, of permitting short-term lets in the
area; General loss of residential accommodation in an area where there is a housing shortage.
Note also that no neighbour notices have been issued for this. The compliance with th minimal
public notice requirements is deplorable - notice displayed in a window at a height where it could
not be read.
This application should be rejected.
Karen Jones
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. 
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PERTH AND KINROSS COUNCIL 
Licensing Committee 
27 March 2024 
REVIEW OF HOUSES IN MULTIPLE OCCUPATION FEES
.
Report by Strategic Lead - Legal and Governance 
(Report No. 24/107) 
1.  PURPOSE 
1.1 This report provides the Licensing Committee with an update on work carried
out to review the current licence application fee structure for Houses in
Multiple Occupation (HMOs). The report makes recommendations about
changes to the existing fee structure with the overarching aim of driving up
standards and ensuring that full cost recovery is reflected in HMO fees. 
2. RECOMMENDATIONS 
2.1  It is recommended that the Committee approves the proposed revised fee
structure and charges in relation to applications for Houses in Multiple
Occupation (HMO) licences. 
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  Mandatory licensing of Houses in Multiple Occupation has been in force since
2000. The licensing scheme was introduced to address the high risks
associated with houses and flats which are occupied by multiple unrelated
individuals. In terms of the Housing (Scotland) Act 2006 (‘the 2006 Act’) the
Council is required to license HMOs where three or more individuals or families
live in a property and share facilities therein. The Council is entitled under the
2006 Act to charge a fee for an application for a HMO licence to cover the costs
of operating and enforcing the licensing scheme.    
10
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4.2 The HMO licence fee structure has been in place since 2000 and fees are based
on occupancy capacity.  HMO licences are normally granted for three years,
however may be granted for a shorter period of time should the officer have
concerns with regard to the condition of the property  or where the licence holder
has not complied with the conditions of their licence.  The current fee structure
and associated fees are as follows:- 
• 3-5 occupants - £714.00
• 6-20 occupants - £760.00
• 21-75 occupants -  £862.00
• 76+ occupants -  £954.00 
4.3 The current three year licensing system and fee structure put in 2000, and was
developed to reflect the growth in the number of larger shared accommodation
properties and associated increased costs of inspection. It additionally sought to
incentivise landlords to improve the standard within the sector by allowing the grant
of three year HMO licences to suitable properties which had demonstrated
compliance with legislation and conditions of the licence. This was on the basis
that the work involved in processing and granting a licence for three years would
come at no extra cost to the Council. Unfortunately, this has not proved to be the
case as officers typically spend significantly longer carrying out both initial
inspection and spot checks thoughout the licence duration to ensure compliance
with licence conditions.  Spot checks are carried out on HMO’s which are
considered to be higher risk following initial grant of the licence. 
4.4 As an example, the existing fee structure outlined in section 4.2 of this report
charges applicants the same fee regardless of whether their property has six or
twenty occupants. However, officers invest significantly more time inspecting
properties with larger occupancies. Consequently, the proposed fees outlined
below are designed to align more accurtately with the time dedicated to
inspecting larger occupied properties. 
• 3-5 - £785.00
• 6-10 - £864.00
• 11-20  - £950.00
• 21-30 - £1045.00
• 31-40 - £1149.00
• 41-50 - £1298.00
• 51-75 - £1427.00
• 76-100 - £1569.00
• 101+ - £1725.00
• Additional Inspection fee - £80.00 
4.5 The Licensing Department currently processes approximately 23 HMO
applications per year, 90% of which are renewals.  On average, an HMO licence 
holder has held a licence for a minimum of 7.5 years and the expectation is that
they should be experienced at complying with legislation and conditions of the
licence. However, there are times where subsequent visits have to be made over
and above the renewal inspection to ensure compliance prior to a licence being
granted. Currently no fee is charged for any inspections carried out over and
above the renewal inspection.  It is the intention that a fee of £80.00 should be
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charged over and above the licence fee for each additional visit that has to be
undertaken in order to ensure compliance before the licence is granted.  The
proposed new inspection model will also help to drive up standards in the sector,
as it will encourage licensees to ensure that properties are maintained to the
required standard throughout the licence period and not only when an inspection
is scheduled during the application period. 
Proposed Fee Structure 
4.6 A review of charges and scales of neighbouring local authority areas with similar
fee structure found that Perth and Kinross were on average charging 30% less for
HMO licences. 
5. PROPOSALS 
5.1 The Committee is asked to approve the revised scales and charges for HMOs
as per Section 4.4 of this report. 
6. CONCLUSION 
6.1 The report proposes an increase in fees charged in terms of the Housing
(Scotland) Act 2006 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 and associated
structure as set out in section 4.4 of this report. 
Author(s)
Name  Designation Contact Details
Debra Gilkison  Licensing Manger 01738 475159 
Approved 
Name Designation Date
Sarah Rodger Legal Manager 19/03/2024 
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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.  The
objective which relates to this report is objective (v). 
(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;
(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. 
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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.The revised fee structure will
ensure that the costs of the licensing scheme are met from fee income. 
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.   
4. Consultation 
Internal 
4.1 Finance and Business Support have been consulted in connection with the
proposed increase in fees. 
External 
4.2 None
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5. BACKGROUND PAPERS 
None 
6. APPENDICES 
6.1 None 
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