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
Text extracted from the council's PDF. Layout and reading order may differ from the original.
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Securing the future… • Improving services • Enhancing quality of life • Making the best use of public resources Council Building 2 High Street Perth PH1 5PH 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 Page 1 of 46
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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 P2 THIS ITEM HAS BEEN WITHDRAWN FROM THE AGENDA P3 GRANT OF A TAXI DRIVER LICENCE - TD2181 • Exempt Reason 14 - Any action taken or to be taken in connection with the prevention,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. Page 3 of 46
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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. 3 Page 5 of 46
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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. Page 6 of 46
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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) Page 7 of 46
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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. Page 8 of 46
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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. Page 9 of 46
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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. Page 10 of 46
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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 Page 11 of 46
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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 Page 12 of 46
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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. Page 13 of 46
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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 Page 14 of 46
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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 Page 15 of 46
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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. Page 16 of 46
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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. Page 17 of 46
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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, Page 18 of 46
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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. Page 19 of 46
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APPENDIX 1 4 Page 21 of 46
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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 Page 37 of 46
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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 Page 39 of 46
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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 Page 40 of 46
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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 Page 41 of 46
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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. Page 46 of 46