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Agenda Document Pack - Licensing Committee - 06/03/2023

Perth and Kinross Council · 6 March 2023
Back to Licensing Committee — 6 March 2023 and its agenda

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Securing the future… • Improving services 
• Enhancing quality of life • Making the best use of public
resources 
Council Building
2 High Street
Perth
PH1 5PH 
27/02/2023 
A hybrid meeting of the Licensing Committee will be held in the Council Chamber on
Monday, 06 March 2023 at 13:00. 
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)
Bailie Chris Ahern
Councillor Keith Allan
Councillor Hugh Anderson
Bailie Rhona Brock
Councillor Steven Carr
Councillor Eric Drysdale
Councillor Ken Harvey
Councillor David Illingworth
Councillor Crawford Reid
Councillor Willie Robertson
Councillor Grant Stewart 
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Licensing Committee 
Monday, 06 March 2023 
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/SUBSTITUTES   
2 DECLARATIONS OF INTEREST   
3 MINUTE OF MEETING OF THE LICENSING COMMITTEE OF 30
JANUARY 2023 FOR APPROVAL
(copy herewith) 
5 - 10 
4 GRANT OF A SHORT TERM LET LICENCE
Report by Head of Legal and Governance Services (copy herewith
23/74) 
11 - 46 
IT IS RECOMMENDED THAT THE PUBLIC AND PRESS SHOULD BE EXCLUDED
DURING CONSIDERATION OF THE FOLLOWING ITEM(S) IN ORDER TO AVOID
THE DISCLOSURE OF INFORMATION WHICH IS EXEMPT IN TERMS OF
SCHEDULE 7A TO THE LOCAL GOVERNMENT (SCOTLAND) ACT 1973 
P1  GRANT OF A STREET TRADER LICENCE - ST465
• Exempt Reason 14 - Any action taken or to be taken in
connection with the prevention, investigation or prosecution of
crime. 
P2  THIS ITEM HAS BEEN WITHDRAWN FROM THE AGENDA   
P3  GRANT OF A TAXI DRIVER LICENCE - TD2181
• Exempt Reason 14 - Any action taken or to be taken in
connection with the prevention, investigation or prosecution of
crime. 
P4  GRANT OF A TAXI DRIVER LICENCE - TD2183
• Exempt Reason 14 - Any action taken or to be taken in
connection with the prevention, investigation or prosecution of
crime. 
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LICENSING COMMITTEE 
Minute of hybrid meeting of the Licensing Committee held in the Council Chambers,
2 High Street, Perth on Monday 30 January 2023 at 1.00pm. 
Present: Bailies C Ahern and M Williamson, Councillors K Allan, H Anderson,
M Frampton (substituting for S Carr), K Harvey, I Massie (substituting for
E Drysdale), I MacPherson, W Robertson and G Stewart. 
In Attendance: A Taylor, A Brown, M Pasternak, R Ramsay, S McQueen and
S Michie (all Corporate and Democratic Services), D Smith and J Allan (both Police
Scotland). 
Apologies for Absence: Bailie R Brock, Councillors S Carr, E Drysdale, D Illingworth
and C Reid. 
Bailie M Williamson, Convener, Presiding. 
1. WELCOME AND APOLOGIES 
The Convener welcomed all present to the meeting.  Apologies for absence
were noted as above. 
2. DECLARATIONS OF INTEREST 
In terms of Councillors’ Code of Conduct, Bailie Ahern declared a non-
financial interest in Item P7 and Councillor Frampton declared a non-financial
interest in Item P2. 
3. MINUTES 
The Minutes of Meeting of the Licensing Committee of 14 December 2022
were submitted and approved as a correct record. 
4.  MATERIAL CHANGE IN CIRCUMSTANCES – TAXI OPERATOR LICENCE
– TO1 
There was submitted a report by the Head of Legal and Governance Services
(23/16) together with application form, in relation to the Material Change in
Circumstances of Taxi Operator Licence TO1. 
The applicant attended the meeting, addressed the Committee, and answered
Members’ questions. 
FOLLOWING A SHORT ADJOURNMENT, THE COMMITTEE RECONVENED. 
Resolved: 
Application for a Material Change in Circumstances of Taxi Operator Licence
TO1, be refused, on the grounds that not insufficient evidence has been provided to
warrant a departure from the Council’s current Policy.
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5.  MATERIAL CHANGE IN CIRCUMSTANCES – TAXI OPERATOR LICENCE
– TO127 
There was submitted a report by the Head of Legal and Governance Services
(23/17) together with application form, in relation to the Material Change in
Circumstances of Taxi Operator Licence TO127. 
The applicant attended the meeting, addressed the Committee, and answered
Members’ questions. 
FOLLOWING A SHORT ADJOURNMENT, THE COMMITTEE RECONVENED. 
Resolved: 
Application for a Material Change in Circumstances of Taxi Operator Licence
TO127, be refused, on the grounds that not insufficient evidence has been provided
to warrant a departure from the Council’s current Policy. 
6.  MATERIAL CHANGE IN CIRCUMSTANCES – PRIVATE HIRE OPERATOR
LICENCE – PH336 
There was submitted a report by the Head of Legal and Governance Services
(23/18) together with application form, in relation to the Material Change in
Circumstances of Private Hire Operator Licence PH336. 
Due to technical difficulties, the applicant was unable to join the meeting
virtually.  It was decided to go ahead and with the application.  The Licensing
Standards Officer contacted the applicant by telephone, where he was offered the
opportunity to add anything further to his written submissions, he declined to add
anything further and confirmed he was happy for the application to be heard on this
basis. 
Resolved: 
Application for a Material Change in Circumstances of Private Hire Operator
Licence PH336, be refused, on the grounds that not insufficient evidence has been
provided to warrant a departure from the Council’s current Policy. 
IT WAS AGREED THAT THE PUBLIC AND PRESS SHOULD BE EXCLUDED
DURING CONSIDERATION OF THE FOLLOWING ITEMS IN ORDER TO AVOID
THE DISCLOSURE OF INFORMATION WHICH IS EXEMPT IN TERMS OF
SCHEDULE 7A TO THE LOCAL GOVERNMENT (SCOTLAND) ACT 1973. 
P1. RENEWAL OF TAXI / PRIVATE HIRE CAR DRIVER LICENCE – TD721 
There was submitted a report by the Head of Legal and Governance Services
(23/19) together with a letter of representation dated 23 November 2022 from Police
Scotland, regarding Renewal of Taxi / Private Hire Car Driver Licence No. TD721. 
The applicant was in attendance virtually. 
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The representative of Police Scotland addressed the Committee and
answered Members’ questions.  The applicant also addressed the Committee and
answered Members’ questions. 
FOLLOWING A SHORT ADJOURNMENT, THE COMMITTEE RECONVENED. 
Motion (Bailie M Williamson and Councillor W Robertson) 
The application for renewal of Taxi/Private Hire Car Driver Licence No.
TD721 be granted for a period of 6-months. 
Amendment (Bailie C Ahern and Councillor K Harvey) 
The application for renewal of Taxi/Private Hire Car Driver’s Licence No.
TD721 be refused on the grounds that the applicant is not a fit and proper person to
hold a Taxi/Private Hire Car Driver Licence. 
In accordance with Standing Order 21, a roll call vote was taken. 
6 members voted for the Motion as follows:
Councillors K Allan, I Massie, I MacPherson, W Robertson, G Stewart and
Bailie M Williamson. 
4 members voted for the Amendment as follows: 
Bailie C Ahern, Councillors H Anderson, M Frampton and K Harvey. 
Resolved: 
In accordance with the Motion. 
HAVING DECLARED AN INTEREST IN THE FOLLOWING ITEM, COUNCILLOR
FRAMPTON LEFT THE MEETING AT THIS POINT. 
P2. RENEWAL OF TAXI / PRIVATE HIRE CAR DRIVER LICENCE – TD442 
There was submitted a report by the Head of Legal and Governance Services
(23/20) together with a letter of objection dated 22 November 2022 from Police
Scotland, regarding Renewal of Taxi / Private Hire Car Driver Licence No. TD442. 
The applicant was in attendance. 
The representative of Police Scotland addressed the Committee and
answered Members’ questions.  The applicant also addressed the Committee and
answered Members’ questions. 
FOLLOWING A SHORT ADJOURNMENT, THE COMMITTEE RECONVENED. 
Motion (Bailie M Williamson and Councillor K Harvey) 
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The application for renewal of Taxi/Private Hire Car Driver Licence No.
TD442 be deferred to a future meeting of the Licensing Committee as soon as
possible following the applicant’s scheduled court date in April. 
Amendment (Bailie C Ahern and Councillor K Allan) 
The application for renewal of Taxi/Private Hire Car Driver’s Licence No.
TD442 be refused on the grounds that the applicant is not a fit and proper person to
hold a Taxi/Private Hire Car Driver Licence. 
In accordance with Standing Order 21, a roll call vote was taken. 
5 members voted for the Motion as follows:
Councillors H Anderson, K Harvey, I MacPherson, W Robertson and Bailie
M Williamson. 
4 members voted for the Amendment as follows: 
Bailie C Ahern, Councillors K Allan, I Massie and G Stewart. 
Resolved: 
In accordance with the Motion. 
COUNCILLOR FRAMPTON RETURNED TO THE MEETING AT THIS POINT. 
P3. GRANT OF TAXI / PRIVATE HIRE CAR DRIVER LICENCE – TD1704 
There was submitted a report by the Head of Legal and Governance Services
(23/21) together with a letter of representation dated 24 January 2023 from Police
Scotland, regarding Grant of Taxi / Private Hire Car Driver Licence No. TD1704. 
The applicant failed to attend.   
The representative of Police Scotland addressed the Committee and
answered Members’ questions. 
FOLLOWING A SHORT ADJOURNMENT, THE COMMITTEE RECONVENED. 
Motion (Bailie M Williamson and Councillor I MacPherson) 
The application for grant of Taxi/Private Hire Car Driver Licence No.
TD1704 be granted for a period of 12 months. 
Amendment (Councillor K Allan and Bailie C Ahern) 
The application for grant of Taxi/Private Hire Car Driver’s Licence No. TD1704
be refused on the grounds that the applicant is not a fit and proper person to hold a
Taxi/Private Hire Car Driver Licence. 
In accordance with Standing Order 21, a roll call vote was taken. 
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6 members voted for the Motion as follows:
Councillors H Anderson, K Harvey, I Massie, I MacPherson, G Stewart and
Bailie M Williamson. 
4 members voted for the Amendment as follows: 
Bailie C Ahern, Councillors K Allan, M Frampton and W Robertson. 
Resolved: 
In accordance with the Motion. 
P4. GRANT OF TAXI / PRIVATE HIRE CAR DRIVER LICENCE – TD2182 
There was submitted a report by the Head of Legal and Governance Services
(23/22) together with a letter of representation dated 12 January 2023 from Police
Scotland, regarding Grant of Taxi / Private Hire Car Driver Licence No. TD2182. 
The applicant was in attendance. 
The representative of Police Scotland addressed the Committee and
answered Members’ questions.  The applicant also addressed the Committee and
answered Members’ questions. 
FOLLOWING A SHORT ADJOURNMENT, THE COMMITTEE RECONVENED. 
Motion (Bailie M Williamson and Councillor M Frampton) 
The application for grant of Taxi/Private Hire Car Driver Licence No.
TD2182 be granted for a period of 12 months. 
Amendment (Bailie C Ahern and Councillor H Anderson) 
The application for grant of Taxi/Private Hire Car Driver’s Licence No. TD2182
be refused on the grounds that the applicant is not a fit and proper person to hold a
Taxi/Private Hire Car Driver Licence. 
In accordance with Standing Order 21, a roll call vote was taken. 
8 members voted for the Motion as follows:
Councillors K Allan, M Frampton, K Harvey, I Massie, I MacPherson,
W Robertson, G Stewart and Bailie M Williamson. 
2 members voted for the Amendment as follows: 
Bailie C Ahern and Councillor H Anderson. 
Resolved: 
In accordance with the Motion. 
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P5. GRANT OF TAXI/PRIVATE HIRE CAR DRIVER LICENCE – TD2162 
Due to Police Scotland withdrawing their letter of representation, this item was
subsequently withdrawn from consideration. 
P6. GRANT OF TAXI / PRIVATE HIRE CAR DRIVER LICENCE – TD2174 
There was submitted a report by the Head of Legal and Governance Services
(23/24) together with a letter of representation dated 14 December 2022 from Police
Scotland, regarding Grant of Taxi / Private Hire Car Driver Licence No. TD2174. 
The applicant was in attendance. 
The representative of Police Scotland addressed the Committee and
answered Members’ questions.  The applicant also addressed the Committee and
answered Members’ questions. 
FOLLOWING A SHORT ADJOURNMENT, THE COMMITTEE RECONVENED. 
Resolved:
The application for grant of Taxi/Private Hire Car Driver’s Licence No. TD2174
be refused on the grounds that the applicant is not a fit and proper person to hold a
Taxi/Private Hire Car Driver Licence. 
HAVING DECLARED AN INTEREST IN THE FOLLOWING ITEM, BAILIE AHERN
LEFT THE MEETING AT THIS POINT. 
P7. GRANT OF TAXI / PRIVATE HIRE CAR DRIVER LICENCE – TD1267 
There was submitted a report by the Head of Legal and Governance Services
(23/25) together with a letter of objection dated 13 December 2022 from Police
Scotland, regarding Grant of Taxi / Private Hire Car Driver Licence No. TD1267. 
The applicant was in attendance. 
The representative of Police Scotland addressed the Committee and
answered Members’ questions.  The applicant also addressed the Committee and
answered Members’ questions. 
FOLLOWING A SHORT ADJOURNMENT, THE COMMITTEE RECONVENED. 
Resolved:
The application for grant of Taxi/Private Hire Car Driver Licence No. TD1267
be granted for a period of 12 months. 
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PERTH AND KINROSS COUNCIL 
LICENSING COMMITTEE
6 MARCH 2023 
REPORT BY HEAD OF LEGAL AND GOVERNANCE SERVICES
(Report No. 23/) 
TYPE OF APPLICATION Grant of a Short Term Let Licence
APPLICANT Mrs Sofya Devyatova  (Provisional Licence Number:-
PK11137P)
PREMISES (if applicable) 75 Muirton Place, Perth, PH1 5DL  
THE APPLICATION Mrs Sofya Devyatova the sole applicant, has applied for a
three year short term let licence as an existing host
(operating prior to the 1 October 2022).  The application
has been validated by Licensing Officers and was sent out
for consultation.  The Police and Fire Service have stated
they have no objections to this application. Planning
permission is required, and an application has been
submitted to the Planning Department by the applicant and
is being considered. 
Mrs Devyatova’s property is an upstairs flat within a block
of four and is situated on the top floor left hand side. 
The property has 2 bedrooms and the applicant has
applied for a maximum capacity of 4 guests. 
7 letters of objection and 1 letter of representation have
been received with regard to this application (see attached
letters of objections and representation).
Letters of support have been received on behalf of the
applicant. 
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
4
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• to assist with handling complaints and address
issues faced by neighbours effectively. 
In assessing an application for a short-term lets licence,
the Council will consider: 
• the suitability of the person applying and that of the
other people named on the application form
(whether they are “fit and proper”);
• compliance/ability to comply with mandatory
conditions (applicable to all short-term lets across
Scotland) (copy attached);
• compliance/ability to comply with any additional
conditions that the Council might attach to the
licence (either specific to 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
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Performance Certificate is required for the premises, in
accordance with the Energy Performance of Buildings
(Scotland) Regulations 2008. 
LEGAL POSITION The Civic Government (Scotland) Act 1982 provides
grounds for refusal of a short-term let licence.  Any
decision to refuse a short-term let licence must be relevant
to one or more the following grounds of refusal as detailed
in the Civic Government (Scotland) Act 1982:- 
A licensing authority must grant the application unless one
of the grounds of refusal exists. If, in the opinion of the
Committee, a ground of refusal exists then the application
must be refused.   
The grounds of refusal are 
(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
himself;
(c) where the licence applied for relates to an activity
consisting of or including the use of premises or a
vehicle or vessel, those premises are not or, as the
case may be, that vehicle or vessel is not suitable
or convenient for the conduct of the activity having
regard to -
(i) the location, character or condition of the
premises or the character or condition of the
vehicle or vessel;
(ii) the nature and extent of the proposed activity;
(iii) the kind of persons likely to be in the premises,
vehicle or vessel;
(iv) the possibility of undue public nuisance; or
(v) public order or public safety; or
(d) there is other good reason for refusing the
application; 
and otherwise shall grant the application. 
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In deciding whether or not to grant or renew a Licence, the
Council will consider each Application on its own merits
and will take into account the following: 
• any Objections or Representations
• this Licensing Policy Statement
• any other relevant considerations 
OPTIONS The Committee need to consider whether the objections
received relate to the activity of a short term let licence. 
The options open to the Committee are therefore to: 
• grant the application;
• grant the application for a shorter period of time; 
• grant the application with additional conditions; or
• refuse the application if one of the grounds for
refusal exist. 
PROCEDURE • 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
• 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
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(ii)  proper and safe working order, 
(b)  arrange for an electrical safety inspection to be carried out by a
competent person at least every five years or more frequently if directed
by the competent person, 
(c)  ensure that, following an electrical safety inspection, the competent
person produces an Electrical Installation Condition Report on any fixed
installations, 
(d)  arrange for a competent person to -
(i) produce a Portable Appliance Testing Report on moveable    
appliances to which a guest has access, and 
(ii) date label and sign all moveable appliances which have been     
inspected. 
7. In determining who is competent, the holder of the licence must have regard to
guidance issued by the Scottish Ministers under section 19B(4) of the Housing
(Scotland) Act 2006. 
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. 
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Information to be displayed
12. The holder of the licence must make the following information available within the
premises in a place where it is accessible to all guests -   
(a)  a certified copy of the licence and the licence conditions,
(b) fire, gas and electrical safety information,
(c)  details of how to summon the assistance of emergency services,
(d)  a copy of the gas safety report,
(e)  a copy of the Electrical Installation Condition Report, and
(f)  a copy of the Portable Appliance Testing Report. 
Planning Permission
13. Where the premises is in a short-term let control area for the purposes of section 26B
of the Town and Country Planning (Scotland) Act 1997(4) (“the 1997 Act”), the holder
of the licence must, where the use of the premises for a short-term let requires
planning permission under the 1997 Act, ensure that either—   
(a)  an application has been made for planning permission under the 1997
Act and has not yet been determined, or 
(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.
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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, 
“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,
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(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, 
“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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APPENDIX 1
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APPENDIX 2
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APPENDIX 3
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APPENDIX 4
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APPENDIX 5
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APPENDIX 6
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APPENDIX 7
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1
CDS STL
From: Grace Sharkey
Sent: 17 February 2023 16:43
To: CDS STL
Subject: 75 Muirton Place, Perth
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 STL
I’m writing to object to an application for a short term letting license for the above property. 
This address has been used for short term lets, illegally, for a number of months now.  As such, and for owners who
obviously don’t respect local laws and regulations, how can PKC be assured that the other requirements for property
used for letting are being met? These requirements protect both those letting the property and residents who live
nearby and in the area. 
Furthermore, this property is located in a settled, residential street and the introduction of a commercial STL is
inappropriate in such an area with both its long-standing residential & commuter parking problems and with an
older population.
As an ex Community Councillor, I’m aware that there are now a considerable number of STLs operating in North Inch
& Muirton and these can be found on most streets in the area. Furthermore, only one or two appear on the STL
register, which makes your dealing with this issue all the more urgent. 
I look forward to being informed of the outcome of this objection. 
Thank you in advance 
Grace Sharkey
7 Florence Place
Perth PH1 5BH
Sent from my iPad
APPENDIX 8 4
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1
CDS STL
From: Mike Roy
Sent: 20 February 2023 16:04
To: CDS STL
Cc: Sofya
Subject: Re: Fwd: Short term let 75 Muirton Place - Licensing Committee Invitation
Attachments: Supporting Letter - 75 Muirton Place, Perth - Short Term Let.pdf
Importance: High
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.
Good afternoon,
Please find attached a supporting letter for the application at 75 Muirton Place to clarify a number of objections and
allegations made with reference to the application. The applicant will take a paper copy to the meeting scheduled on the
6th March 2023 but we trust the attached will be taken into consideration.
Kind regards
Michael Roy BSc (Hons) MRICS, ACABE | Chartered Building Surveyor & Energy Assessor
Roy Surveyors
This email and any attachments are confidential and intended solely for the use of the intended recipient to whom they
are addressed. If you are not the intended recipient of this email, please notify the sender and delete it from your
system. Internet communications are not secure and Roy Surveyors do not accept liability for any loss
APPENDIX 9 4
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PERTH	AND	KINROSS	COUNCIL		
LICENSING	COMMITTEE	
	
	mpr-230220	
	
20	February	2023				
	
	
	
By	Email	
	
	
Dear	Sir	
	
Grant	of	a	Short	term	let	Licence	-	75	Muirton	Place,	Perth,	PH1	5DL.	
	
On	behalf	of	our	client, Sofya	Devyatova	(the	applicant),	we	write	to	provide	an	additional	supporting	
statement	prior	to	the	Committee	hearing	on	the	6th	march	2023.	The	applicant	has	stated	they	will	
attend	the	meeting	on	the	date	and	time	outlined	in	the	letter	from	the	Council.	As	discussed	on	the	
phone	with	the	PKC	officer,	paper	copies	of	this	letter	and	supporting	evidence	will	be	brought	to	the	
meeting	by	the	applicant.		
	
Background		
	
The	applicant	wishes	to	use	the	flat	as	a	short-term	let,	suitable	for	tourists	and	people	wishing	to	
visit	Perthshire	and	the	surrounding	areas.	An	application	was	submitted	in	accordance	with	the	
guidelines	 together	 with	 a	 planning	 application	 and	 all	 necessary	 fees’	 paid	 and	 mandatory	
documents	provided	in	accordance	with	the	legislation.		
	
The	Perthshire	countryside	and	city	centre	attracts	people	to	the	area	due	to	its	scenery,	wildlife	and	
wide	range	of	sporting	and	leisure	opportunities.	Whilst	there	are	no	specific	policies	or	strategies	
directly	relevant	to	this	proposal	the	overall	vision	of	the	TAYplan	should	be	noted.		The	vision	states	
“By	2036	the	TAYplan	area	will	be	sustainable,	more	attractive,	competitive	and	vibrant	without	
creating	an	unacceptable	burden	on	our	planet.	The	quality	of	life	will	make	it	a	place	of	first	choice	
where	more	people	choose	to	live,	work,	study	and	visit,	and	where	businesses	choose	to	invest	and	
create	jobs.”	The	proposal	would	help	attract	people	into	Perth	and	contribute	to	the	vitality	and	
local	economy.	Furthermore,	this	is	the	applicants	sole	income	which	would	impact	their	livelihood	
should	it	be	refused.		
	
Environmental	Health	(Noise)	–	As	far	as	we	are	aware	there	have	been	no	noise	complaints	formally	
lodged	in	the	past	or	present	with	regards	to	75	Muirton	Place.	The	applicant	has	a	strict	noise	policy	
in	place,	which	can	be	requested.	
	
Fit	and	Proper	Person	test	–	The	applicant	has	passed	the	necessary	Police	Scotland	checks	and	does	
not	hold	any	criminal	convictions.		
	
In	respect	of	Transport	Standards	and	Accessibility	and	Policy	60B:	New	Development	Proposals,	
sustainable	modes	of	transport	are	immediately	available	with	the	train	station	and	bus	station	
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Ms Sofya Devyatova
located	in	the	town	and	walking	and	cycling	routes.	Local	shops	and	services	are	all	easily	accessible	
given	the	sites	location	in	the	town.	The	applicant	would	encourage	and	promote	a	shift	to	the	more	
sustainable	modes	of	travel	of	walking,	cycling	and	public	transport	through	their	advertisement	of	
the	property.	It	is	likely	most	guests	would	arrive	by	other	means	of	transport.	There	is	existing	off	
street	parking	for	all	property	owners	on	Muirton	Place.	There	is	a	maximum	capacity	of	4	guests	
therefore	if	a	car	is	used,	it	is	likely	to	only	be	one	car.	Had	the	flat	been	used	as	a	permanent	
residence	or	a	rental	flat,	the	situation	would	remain	the	same;	therefore	the	parking	objection	is	not	
relevant	to	the	applicant’s	property.	It	is	also	worth	noting,	there	are	payment	car	parks	nearby	that	
tourists	can	be	directed	towards	via	the	applicants	policies	and	procedures	and	this	will	help	to	
alleviate	any	concerns.	One	of	which	is	on	89	Dunkeld	Rd,	Perth	PH1	5AP.	
	
The	 change	 of	 use	 proposal	 will	 have	 a	 neutral	 effect	 on	 the	 character	 and	 appearance	 of	 the	
conservation	area.	
	
Objections	 received	 seem	 to	 follow	 a	 similar	 pattern	 concerning	 noise	 and	 parking,	 which	 the	
aforementioned	information	in	this	letter	has	tried	to	answer.	Unsubstantiated	claims	were	raised	in	
one	objection	of	previous	people	using	the	flat	with	car	engines	running	and	people	looking	out	of	
the	windows	etc.	The	applicant	has	had	very	few	people	staying	in	the	flat	since	they	bought	it	and	
these	comments	are	unfounded	and	not	true.	The	applicants	have	also	received	a	letter	of	support	
from	 a	 neighbouring	 property	 who	 was	 unable	 to	 submit	 the	 letter	 online	 and	 was	 wrongfully	
mentioned	in	an	objection	email	as	being	“elderly	and	vulnerable”.	They	also	alleged	the	applicant	
bullied	them,	again	totally	untrue	accusations.	Please	find	this	letter	attached	from	the	owner.	We	
also	attach	a	character	reference	for	the	applicant	from	a	previous	job	in	response	to	an	objection	
raised	on	the	applicant’s	character.	I	personally	have	had	numerous	meetings	and	calls	with	the	
applicant	for	various	projects	since	June	2022	and	she	has	always	been	kind,	polite	and	comes	across	
as	someone	who	is	a	hard	working	mum	and	wife	simply	looking	to	make	a	living	and	provide	for	her	
family.	An	objection	was	raised	regarding	the	applicant’s	alleged	conduct	with	a	neighbour	and	the	
Police	visited	the	applicant	and	the	Police	apologised	when	their	side	of	the	story	was	presented	with	
no	further	action	taken.	Another	objection	raised	that	the	applicant	is	still	taking	bookings.	The	
applicant	is	an	existing	host	or	operator	(operating	before	1	October	2022)	and	can	continue	to	
accept	bookings	and	receive	guests	while	the	application	is	being	determined.	Evidence	of	this	was	
submitted	at	the	application	stage.	We	also	don’t	consider	the	objection	raised	from	Dr	Equi	to	be	
valid	as	they	don’t	live	at	the	address	or	live	nearby	and	is	a	relative	of	a	neighbour.	Also,	there	is	no	
factual	 valuation	 basis	 that	 a	 short	 term	 let	 will	 bring	 down	 property	 values	 as	 stated	 in	 the	
objection.		
	
It	is	also	worth	mentioning	that	the	Community	Council	state	–	“they	have	no	objection	to	the	
property	 being	 rented	 out……….if	 the	 statutory	 rules	 have	 been	 adhered	 to”.	 The	 applicant	 has	
followed	the	rules	per	all	the	guidelines	to	the	best	of	their	knowledge.		
	
Overall,	it	is	considered	that	the	proposed	change	of	use	of	the	residential	flat	to	a	short-term	let	
property	would	be	compatible	with	the	amenity	and	character	of	the	surrounding	area.	The	applicant	
respectfully	asks	that	all	the	facts	are	presented	and	judged	in	a	fair	and	balanced	approach	by	the	
committee.		
	
Yours	faithfully	
	
	
M.	ROY		
Chartered	Building	Surveyor	
	
	
	
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To whom it may concern                                                                      Gordon Mackay
29 Craigie View
Perth
PH2 0DP
Ms Sofya Devyatova
I write in a personal capacity and not on behalf of any organisation.
I have only known Sofya since the Spring of 2022, when she, Abdul and their two
young children came to Perth from London. They purchased the Aberdalgie manse
that had until 2021 been occupied by the Reverend James Aitchison and his wife.
James and Louise were former army officers who retired to Edinburgh.
I am the Session Clerk of Aberdalgie and Forteviot Church of Scotland, a worship
leader, a mission convener and a retired project manager with Scottish and Southern
Energy in Perth. I am married to wife Lesley, we have four adult sons, and we live in
Craigie in Perth.
Until last month I was also a trustee of the Ann Edgar Charitable Trust, a Scottish
charity which provided support services for patients suffering with neuroendocrine
cancer.
We have a tight-knit church and residential community in Aberdalgie consisting of
people in the agricultural community and those in professional occupations. Despite
coming to the area from a metropolis, Sofya and Abdul have made a fairly seamless
transition into that community through being people of faith, and in joining in with
church and community activities. 
Their friendly nature has made it far easier to get to know people and I am grateful to
them both for making themselves available to discuss aspects of our church and
community project at Aberdalgie Church called ‘Green Shoots’. 
Between Abdul’s business acumen with his Accountancy firm and Sofya’s
management skills from her time at a large energy company, their intelligence,
insight and enthusiasm is greatly appreciated.
A lovely family who are already thought to be an asset to our community.
Yours sincerely
Gordon Mackay
21 February 2023.
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