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Review of STL Temporary Exemptions Policy May 2025

Renfrewshire Council · 29 May 2025
Back to Regulatory Functions Board — 29 May 2025 and its agenda

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__________________________________________________________________
To:  Regulatory Functions Board
On:  29th May 2025
___________________________________________________________________
Report by: Director of Finance & Resources
___________________________________________________________________
Heading: Licensing of Short-term Lets: Review of Temporary Exemptions Policy
___________________________________________________________________
1. Summary
1.1 The purpose of this report is to advise the Board that a statutory review
of the Council’s policy regarding Temporary Exemptions for short-term
lets is due to be carried out. The Board is asked to agree to consult the
parties named at Appendix 1 to the report. 
1.2 The Board requires to update its policy in relation to Temporary
Exemptions every three years. The date by which the policy requires to
be reviewed and published, following consultation with such persons as
the Council considers appropriate, is 1st October 2025.
___________________________________________________________________ 
2. Recommendations
The Board is asked to: 
2.1 Note the statutory requirement to review the Council’s policy on
Temporary Exemptions for short-term lets at this time; and
2.2 Agree to consult the parties set out at Appendix 1 regarding the terms
of the current policy regarding Temporary Exemptions and the wider
terms of the Council’s policy on the licensing of short-term lets.
_________________________________________________________

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3. Background
3.1 As a result of the Civic Government (Scotland) Act 1982 (Licensing of
Short-term Lets) Order 2022 (“the 2022 Order”) being passed, the
Council required to introduce a scheme for the licensing of short-term
lets by 1st October that year. Following consultation with interested
parties, the Board agreed, when setting up the licensing scheme, the
terms of a policy regarding the use of Temporary Exemptions, as
required by the terms of the 2022 Order. Temporary Exemptions allow,
on an application made to the Council, an exemption from the
requirement for a short-term let licence for a specified property or
properties. The terms of the current policy on this are set out at
Appendix 2 to this report.
3.2 In accordance with guidance published by the Scottish Government,
the Board also adopted a wider policy regarding the licensing of short-
term lets, to cover various other matters: e.g., the use of temporary
licences and the duration of licences. This wider policy is not a
requirement made under the terms of the 2022 Order, but guidance
published by the Scottish Government suggests that licensing
authorities agree policies covering such matters. A policy document
setting out the Board’s current approach to these various matters can
be accessed at: Renfrewshire Council policy for short-term lets of
residential accommodation in Renfrewshire
3.3 The 2022 Order was amended by further legislation (“the 2024 Order”)
in 2024. The Board considered a report regarding the amendments on
14th November 2024. With regard to Temporary Exemptions, the 2024
Order clarified that these could be sought to cover up to three periods
totalling six weeks within a calendar year. As a result, the Board agreed
on 14th November 2024 that the previous policy on Temporary
Exemptions be amended to reflect this change in the legislation. As the
change made to the policy at that time was essentially to bring the
Board’s previous policy in line with the amended legislation, the Board
did not consider it appropriate to consult in relation to that matter at that
time. The report considered on that date however acknowledged the
need for a statutory review of the policy on Temporary Exemptions in
2025.
3.4 To date, no requests for Temporary Exemption in Renfrewshire have
been received.
3.5 In order to meet the requirement to review the Board’s policy on
Temporary Exemptions every three years, it is proposed to consult with
the parties set out at Appendix 1. The proposed consultees are similar
to the parties consulted when the Board’s policy document relating to

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the licensing of short-term lets was prepared in 2022, except that those
who have since obtained, or who have a pending application for, a
short-term let licence have been added to the consultation list.
3.6 Although not a requirement of the Licensing Order, as amended, it is
proposed to give consultees an opportunity to suggest revisals to the
wider short-term lets licensing policy, now that the licensing scheme
has been in place for three years and the transitional period for existing
operators is complete.
3.7 It is anticipated that a further report will be brought to the Board
following the summer recess to allow for publication of the revised
policy prior to 1st October 2025.
___________________________________________________________________
Implications of the Report
1. Financial - None.   
2. HR & Organisational Development - None 
3. Community/Council Planning –  
• Building strong, safe and resilient communities – The short-term let licensing
regime was introduced with requirements designed to ensure safety of short-term
let properties. The Temporary Exemption procedure allows licensing authorities
to allow some flexibility within the regulatory regime to allow short-term lets to
operate without a licence being obtained. 
4. Legal – as detailed in the report. 
5. Property/Assets – None 
6. Information Technology - None
7. Equality & Human Rights - 
(a) The Recommendations contained within this report have been
assessed in relation to their impact on equalities and human
rights. No negative impacts on equality groups or potential for
infringement of individuals’ human rights have been identified
arising from the recommendations contained in the report
because they propose that statutory consultation be followed
regarding an existing policy.   If required following
implementation, the actual impact of the recommendations and
the mitigating actions will be reviewed and monitored, and the
results of the assessment will be published on the Council’s
website.

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8. Health & Safety - None
9. Procurement - None
10. Risk - None
11. Privacy Impact - None
12. Climate Risk - None
13. Children’s Rights - the recommendations in the report are not
considered to be incompatible with the UNCRC
14. Cosla Policy Position - Nil
_______________________________________________________
List of Background Papers 
None 
___________________________________________________________________ 
Author:           Douglas Campbell, Managing Solicitor (Licensing) 
0141-487-1096 
douglas.campbell@renfrewshire.gov.uk

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APPENDIX 1 
1. All Renfrewshire short-term let licence holders/ licence applicants
2. Police Scotland
3. Scottish Fire and Rescue
4. Chief Executive and all Renfrewshire Council Directors
5. Head of Communities and Public Protection
6. Andrew McKean, Tourism Officer, Chief Executive’s Service
7. Visit Scotland
8. Fiona Campbell, The Association of Scotland’s Self Caterers (ASSC)
9. Scottish Guest House and Bed and Breakfast Alliance
10. Federation of Small Businesses
11. Renfrewshire Chamber of Commerce
12. AirBnB

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APPENDIX 2 
Renfrewshire Policy on Temporary Exemptions- updated November 2024*
9. Temporary Exemptions 
9.1 The Council requires under the modified provisions of the 1982 Act to
publish, and keep under review, a policy statement in relation to its
functions relating to Temporary Exemptions. 
9.2 The Council, as licensing authority, may, but is not required to, grant a
temporary exemption from the requirement to obtain a short-term let licence
in relation to a specified property or properties if, in one calendar year,
there are no more than three separate periods of temporary exemption for
that property or properties and the total period of temporary exemption is
six weeks or less. In order to do so, the Council may consult the chief
constable and the Scottish Fire and Rescue Service. The Council is also
empowered, in granting any temporary exemption, to attach conditions to
that exemption. 
9.3 The Council requires to publish its first policy statement on temporary
exemptions on or before 1st October 2022 and on or before the same date
every three years thereafter. The policy statement must be made available
on the Council’s website. In preparing/ reviewing their policy statement, the
Council must consult with such persons as they consider appropriate. In
preparing its policy statement in advance of 1st October 2022, the Board
consulted the parties as already set out at Paragraph 1.1 above. The Board
agreed a revised policy regarding temporary exemptions with limited
changes in November 2024 to reflect legislative amendments made by the
Civic Government (Scotland) Act 1982 (Licensing of Short-term Lets)
Amendment Order 2024 
9.4 Following consultation, the Board has agreed that temporary exemptions
will be able to be granted in Renfrewshire in certain circumstances. The
Board has agreed that a temporary exemption may be suitable for granting
in exceptional circumstances where an influx of large numbers of visitors is
likely to require increasing accommodation capacity within Renfrewshire
due to sporting, cultural or other events or festivals of national or
international significance, or due to an emergency situation of similar
significance. 
9.5 The fee chargeable for a Temporary Exemption is currently £105 (originally
£100). This may change slightly during the period of this policy being in
place where fees are reviewed generally by the Council, so those
interested in seeking a Temporary Exemption should check the current fee
within the Civic Licensing Fees section of the Council’s licensing web
pages). The Council will consult Police Scotland and Scottish Fire and
Rescue Service in relation to these applications, but considers that, as this
is a simpler process than an application for a licence, this lower fee should
be charged in comparison to the licensing application fees for short-term
lets.

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9.6 Applications for temporary exemptions will be determined by Council
officers in consultation with the Convener of the Regulatory Functions
Board, taking into account whether the application meets the above
requirements of this policy at Paragraph 9.4 and any representations
received from Police Scotland and/ or Scottish Fire and Rescue Service. 
9.7 The Council will seek to make a decision on a temporary exemption
application within a period of two months but will seek to prioritise
applications received at shorter notice due to unforeseen circumstances.
Where the Council grants a Temporary Exemption, it will do so subject to
the same conditions of licence applicable to licensed short-term lets,
including both the mandatory and additional conditions published on the
Council’s licensing web pages. A unique temporary exemption number will
also be provided to the applicant. 
9.8 Where an application for a Temporary Exemption is refused, the applicant
is entitled to seek written reasons and should seek their own independent
legal advice if they are considering whether to appeal the decision to the
sheriff. 
*Please note that the current fee for Temporary Exemption
applications is £111.