Licensing of Short term Lets combined
Renfrewshire Council · 4 September 2025
Back to Regulatory Functions Board — 4 September 2025 and its agenda
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___________________________________________________________________ To: Regulatory Functions Board On: 4th September 2025 ___________________________________________________________________ Report by: Director of Finance and Resources ___________________________________________________________________ Heading: Licensing of Short-term Lets: Review of Temporary Exemptions Policy ___________________________________________________________________ 1. Summary 1.1 The purpose of this report is to seek the Board’s approval of an updated policy in relation to the licensing of short-term lets. 1.2 The Council has a statutory duty to agree and publish a policy relating to Temporary Exemptions and to review this on a three-yearly basis. The Board first required to publish this policy prior to 1st October 2022. The Board requires to review this policy, and publish the new policy, prior to 1st October 2025. 1.3 The Board’s current policy sets out the Council’s approach to short-term lets generally (albeit it is not a legislative requirement to have a policy on such matters) and includes its statutory policy relating to Temporary Exemptions. This policy can be accessed at the following link: Renfrewshire Council policy for short-term lets of residential accommodation in Renfrewshire 1.4 The Council is required to consult with such persons as it considers appropriate in reviewing its policy. The Council recently consulted the parties named at Appendix 1 for a period of four weeks. ___________________________________________________________________
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2. Recommendations 2.1 It is recommended that the Board review and agree the terms of the draft revised short-term lets licensing policy detailed at Appendix 2 as suitable for publication. ._________________________________________________________ 3. Background 3.1 The Board considered a report in relation to a review of their Temporary Exemptions Policy on 29th May 2025. The Board noted the statutory requirement to review the Council’s policy on Temporary Exemptions at that time and agreed to consult the parties set out at Appendix 1 to this report regarding the terms of the current policy in relation to these, as well as the wider terms of the Council’s policy on the licensing of short- term lets. 3.2 Officers thereafter consulted those parties over a period of four weeks regarding the terms of the current policy. The consultation has now concluded and responses were received from the following parties: • Visit Scotland • An individual licence holder • Police Scotland • An applicant for a short-term let licence 3.3 The most detailed response received is from Visit Scotland and this response is attached at Appendix 3. They have provided information regarding their role and general information regarding the tourism sector. With regard to when Temporary Exemptions may be considered appropriate, they suggest that the current wording in the Council’s policy could be more “user-friendly”, but have not suggested a specific revisal. They also suggest it would be useful to understand the rationale for restricting the use of temporary exemptions to “exceptional circumstances” for national or international events/ festivals rather than local events or circumstances. 3.4 Officers have not revised the existing wording referred to at this time, although it is open to the Board to consider widening the circumstances in which Temporary Exemptions should be allowed, or providing further explanation. To date, however, no requests for a Temporary Exemption have been received and enquiries about the use of these have been rare. 3.5 Turning to the response from the individual licence holder who responded to the consultation, they suggest that only those who have previously held a short-term let licence should be eligible to apply for a
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Temporary Exemption. They raise no further matters. While they do not explain this observation further, it appears likely that they are concerned that all persons operating a short-term let be subject to the same application processes, procedures and costs. However, the legislation clearly allows for Temporary Exemptions and, in terms of Paragraph 9.7 of the Board’s current policy, the Council will attach similar conditions to any Temporary Exemption, as it is permitted to do by the licensing legislation. 3.6 Police Scotland have confirmed that they have no observations at this time regarding the terms of the existing policy. 3.7 The individual licence applicant who responded made representations regarding the period of a Temporary Exemption, suggesting that a 42 day period is insufficient. However, this is the maximum period allowed by the legislation and the Council has no power to allow Temporary Exemptions beyond this restriction. Their observations also appeared to relate to persons awaiting a decision on pending licence applications, seeking that they be able to operate prior to a decision being made. They also asked whether the Council would be able to provide progress updates on the status of licence applications. 3.8 Although some other correspondence was received in response to the consultation, no other substantive responses were received. 4. Next Steps 4.1 A draft revised policy is attached at Appendix 2 for the Board’s consideration. This contains necessary updates to take account of amendments to legislation and of the transition to the new licensing regime now being complete. 4.2 The Board is now asked to review, and approve the terms of, the policy attached at Appendix 2 as suitable for publication. Once approved, officers will arrange for publication of the revised policy on the Council’s website. _________________________________________________________________ Implications of the Report 1. Financial – Nil 2. HR & Organisational Development – Nil
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3. Community/ Council Planning – Nil 4. Legal – as detailed in the report 5. Property/Assets – Nil 6. Information Technology – Nil 7. Equality & Human Rights - 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, as the report recommends limited changes to an existing policy document to reflect legislative and other developments since the original policy was adopted. Should impacts be identified following implementation, officers will review the position at that stage. 8. Health & Safety - Nil 9. Procurement – Nil 10. Risk - Nil 11. Privacy Impact – Nil 12. Climate Risk- Nil 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 1. Introduction 1.1 This Policy was first prepared in view of the Civic Government (Scotland) Act 1982 (Licensing of Short-Term Lets) Order 2022 (“the Licensing Order”) having come into force, which required a licensing regime to be set up by all Scottish local authorities to accept applications for short-term let licences from 1st October 2022. This revised policy reflects amendments to the Licensing Order, in particular those made by the Civic Government (Scotland) Act 1982 (Licensing of Short-term Lets) (Amendment) Order 2024 and the completion of the transitional period since the first policy was introduced. The initial Policy was prepared following consultation with the following parties and satisfied the statutory requirement to publish a policy regarding the use of Temporary Exemptions, as well as agreeing other matters of policy recommended in non- statutory guidance and providing other general information for the benefit of those with an interest in the licensing of short-term lets in Renfrewshire: - Police Scotland - Scottish Fire and Rescue - Chief Executive and all Renfrewshire Council Directors - Head of Communities and Public Protection - Andrew McKean, Tourism Officer, Chief Executive’s Service - Visit Scotland - Fiona Campbell, The Association of Scotland’s Self Caterers (ASSC) - Scottish Guest House and Bed and Breakfast Alliance - Federation of Small Businesses - Renfrewshire Chamber of Commerce - AirBnB A consultation with a similar list of parties was carried out prior to the agreement and publication of this updated Policy. 1.2 The Policy will be kept under review and revised, if appropriate, by Supplementary Policy Statements. The Policy will be applied unless or until so revised. It may also be subject to legislative change.
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1.3 This Policy does not contain a definitive, nor complete, statement of the legal position regarding short-term lets but is designed to provide information regarding Renfrewshire Council’s position as licensing authority in relation to the licensing regime. For further information, interested parties may wish to consult the terms of the Civic Government (Scotland) Act 1982, as modified by the Licensing Order and subsequent amending legislation in relation to short- term lets, and/or the available guidance published by Scottish Government. This guidance is available at the following links: For hosts and operators (Part 1): Short term lets - licensing scheme part 1: guidance for hosts and operators - gov.scot For licensing authorities, letting agencies and platforms (Part 2): Short term lets - licensing scheme part 2: supplementary guidance - gov.scot 2. Overview 2.1 The Licensing Order was passed by the Scottish Parliament on 19 January 2022 and came into force on 1 March 2022, designating short-term lets under section 44 of the Civic Government (Scotland) Act 1982 (“the 1982 Act”) as an activity for which a licence shall be required. As a result, all Councils in Scotland now require to license short-term lets: it is not open to Renfrewshire Council to decide not to license short-term lets, or not to license any of the types of short-term lets which need to be licensed in terms of the Licensing Order. 2.2 Short-term lets can offer people a flexible and cheaper travel option and have contributed positively to Scotland’s tourism industry and local economies across the country. However, in some cases short-term lets can cause problems, for example for neighbours. The Licensing Order was introduced following a number of national consultations in which those considerations, safety issues and, in some areas, shortages of homes were identified as concerns by respondents. 2.3 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 - to assist with handling complaints and addressing issues faced by neighbours effectively. 2.4 The Council’s Short-Term Lets Licensing 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 policy outlines how the Council will administer applications, collect fees and monitor short term lets.
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2.5 The Licensing Order, as amended by the 2024 Amendment Order, can be obtained at the following link: The Civic Government (Scotland) Act 1982 (Licensing of Short-term Lets) Order 2022 In addition, detailed non-statutory guidance for both hosts and operators, and licensing authorities, letting agents and platforms is available, as stated above. 3. Requirement for Licence 3.1 The transitional period previously allowed for existing hosts and operators to apply for and obtain a licence has now passed. As a result, any person now wishing to operate a short-term let must apply for and obtain the correct type of short-term let licence before providing a short-term let within the meaning of the legislation. What requires a short-term let licence 3.2 A “short-term let” means the use of residential accommodation provided by a host in the course of business to a guest where there is a charge made. There are four types of licences and a number of exceptions set out in the legislation from the need for a licence. 3.3 There are four types of short-term let licence. Licences are required for: Home Sharing: where the host lets, for example, a room in their home while they are living there. Home Letting: where the host lets all or part of their home while they are absent: e.g., while on holiday. Home Sharing and Home Letting: being a combination of the above. Secondary Letting: where the property is let out by a host who does not live in it. The licence application form will ask you what type of licence you are applying for: you will only become licensed for the type of short-term let you apply for. 3.4 As noted above, there are exceptions to the need for a licence set out in the Licensing Order. The following list is not definitive, but indicative. Those considering applying for a licence should consider the terms of the legislation referred to above and may also find the above Guidance of assistance. The Council’s licensing team can be contacted at the following mailbox: privatelandlordteam@renfrewshire.gov.uk although we can only provide information regarding the Council’s view as the licensing authority and cannot provide you with legal advice. The exceptions include:
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- if the guest (person occupying property for the purposes of a short-term let) uses the accommodation as their only or principal home - if the guest is an immediate family member of the host (a full, detailed definition of what relationships qualify for this exemption from licensing is included in the Licensing Order) - if the guest is sharing the accommodation with the host for the principal purpose of advancing the guest’s education as part of an arrangement made or approved by a school, college, or further or higher educational institution - if the guest is an owner or part-owner of the accommodation - if the accommodation is provided for the principal purpose of facilitating the provision of work or services by the guest to the host or to another member of the host’s household - if the accommodation is “excluded accommodation” (see section 3.8 below). Planning Considerations 3.5 Under the provisions of the Civic Government (Scotland) Act 1982, modified in relation to the licensing of short-term lets, a preliminary ground allowing the Council to refuse to consider a short-term let licence is that the use of the premises for a short-term let would constitute a breach of planning control under the Town and Country Planning (Scotland) Act 1997, section 123 (1)(a) or (b). 3.6 If a host is unsure whether the use of their property as a short-term let may involve a material change of use and if planning permission is required, they may wish to contact dc@renfrewshire.gov.uk. 3.7 The Council is also empowered to introduce short-term let control zones under the Town and Country Planning (Short-term Let Control Areas) (Scotland) Regulations 2021. Where these are introduced by a Council, this will have implications for the short-term let licensing process as planning permission could then be required before applying for a licence for secondary letting within a control zone, as also implications for licence applications. However, no short-term let control zones have been introduced in Renfrewshire to date. Exclusions 3.8 As stated above, “excluded accommodation” will not require a short-term let licence. As such, the following are not short-term lets. As previously, this list is not definitive and hosts will wish to familiarise themselves with the terms of the legislation and associated guidance, should the exemptions appear relevant. Hosts may also wish to
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contact the Council’s licensing officers at privatelandlordteam@renfrewshire.gov.uk, but are always recommended to obtain their own legal advice on whether the exemptions apply, as the Council is not permitted to provide legal advice on these matters: - Licensed premises, under the Licensing (Scotland) Act 2005 (alcohol licensing) - Licensed caravans - Accommodation provided by guests: for example, where they bring their own tent (as opposed to glamping, where the tent is normally provided by the host); - Accommodation which is capable, without modification, of transporting guests to another location (for example, boats or motor homes which are mobile). - Hotels, with planning consent to operate as a hotel (the majority of hotels are excluded anyway, through being licensed to provide accommodation under the Licensing (Scotland) Act 2005 (see above)). - Aparthotels- accommodation comprising of five or more serviced apartments in a residential building where: - (a) the whole building is owned by the same person, (b) a minimum number of 5 serviced apartments are managed and operated as a single business, (c) the building has a shared entrance for the serviced apartments, and (d) the serviced apartments do not share an entrance with any other flat or residential unit within the building. - Residential accommodation where personal care is provided to residents, including guest rooms for visiting - Hospitals or nursing homes, including guest rooms for visitors - Educational accommodation and purpose-built student accommodation. Student halls of residence, for example, are excluded but houses and flats which are normally let to students but, perhaps during a summer period when student tenants have moved back home, are also used as short-term lets are not excluded. - Secure residential accommodation including prisons, young offenders institutions, detention centres, secure training centres, custody centres, short-term holding centres, secure hospitals, secure local authority accommodation or military barracks. - Hostels and refuges - Accommodation owned by an employer and provided to an employee in terms of a contract of employment or for the better performance of the employee’s duties.
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- Bothies- a building of no more than two storeys which does not have any form of mains electricity, piped fuel supply and piped mains water supply, is 100 metres or more from the nearest public road and is 100 metres or more from the nearest habitable building. - Sheltered housing - It should be noted that various tenancy arrangements are also excluded 4. Applications for Licences 4.1 All applications for grant (including a temporary licence) or renewal of a short-term let licence, irrespective of the type of short-term let, must complete the short-term let licence application provided by the Council and submit this with the applicable documentation and fee. The application forms will be accessible through the Council’s website. Simpler forms will be used for Temporary Exemptions and for variation of a licence (where a change to the terms of a licence is required). 4.2 Please note that for premises still to be fully “constructed”, within the meaning of the Building (Scotland) Act 2003, a provisional licence application can be made. This procedure is detailed below and requires a separate application form to be used, which will be available to submit online. 4.3 An application for a short-term let licence under the legislation, while normally made by the owner of a property, can be made by a person other than the owner. Where this is the case, the applicant must ensure they provide the relevant consents from the owner(s). Part of the application form will require the applicant to provide a declaration to the Licensing Authority that they can comply with the mandatory conditions attached to a short-term let licence, including having all the documentation detailed within these conditions. The mandatory, and other, conditions can be found on the Council’s licensing website. Applicants should be mindful that the Council, and Council Officers, can request any documentation referred to in the mandatory conditions at any time during the consideration of an application or the period of the licence, if granted. Applicants should note that a breach of a licence condition is a criminal offence under the 1982 Act. 4.4 Applications for the grant (including temporary) or renewal of short-term lets licences will be dealt with by Council officers unless objections or representations are received or the application does not accord with the Council’s licensing policies. 4.5 Licence numbers will be issued in a consistent format nationally to assist letting agencies and platforms in being able to use the licence number provided by the host or operator in their listings. The format of the licence number, alongside information contained in the public register, will allow anybody to identify: - the Council that issued the licence (and therefore the area to which the licence relates)
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- the type of short-term let to which the licence relates - the type of licence issued (the contents of the number indicates the type of any licence, or even provisional or exemption status). 4.6 If there are objections or representations received, the party making them and the applicant will be invited to attend the Council’s Regulatory Functions Board (“the Board”). The Board will make a decision about whether to grant the application. It should be noted that if an application is refused, then the applicant cannot apply for a short-term let licence within one year of the date of refusal unless they can satisfy the Council that there has been a material change in circumstances. An applicant who has been refused should contact the Council’s licensing officers by email to privatelandlordteam@renfrewshire.gov.uk if they wish to apply within one year of the date of an earlier refusal. The Council determines if the change is material, not the applicant. 4.7 In deciding whether or not to grant or renew a Licence, the Council will consider each application on its own merits, taking into account all matters relevant to the grounds for determination of the application as set out in the 1982 Act as modified by the Licensing Order, including, where relevant, the terms of this Policy. Licence Duration 4.8 Where granted, licences, either new or for renewal, will be granted for a duration of three years. It is however open to the Council’s Regulatory Functions Board, on an application referred to them, to consider granting or renewing a licence for a shorter period where they so decide when determining an application. While the Board are aware that the modified provisions of the 1982 Act applying to short-term lets allow at the stage of renewal for a longer duration, the Council have agreed as a matter of policy, after having regard to the terms of the legislation and the associated guidance, not to allow renewals for a period exceeding three years in relation to short-term lets in Renfrewshire. In relation to other licences determined by the Council under Schedule 1 to the 1982 Act, the Council normally grants new licences for a period of 1 year, with renewals thereafter for periods of 2 years. However, the Council are aware that other regulatory regimes such as Houses in Multiple Occupation licensing and Landlord Registration allow for a duration of three years. Given this, and following previous consultation undertaken in relation to short- term lets licensing, during which comments were received regarding limiting the administrative processes for hosts, the Council has taken the view that licences be granted and renewed for periods of three years. 4.9 In determining an application for a short-term let licence, the Council will consider it against the grounds for refusal set out in the 1982 Act, paragraph 5(3) of Schedule 1, having regard to any representations or objections received. Relevant considerations include the suitability of the person applying and that of the other people named on the application form (whether they are “fit and proper”). Other factors include the suitability
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of the premises and the applicant’s ability to comply with mandatory conditions (applicable to all short-term lets across Scotland); and other conditions that the Council might attach to the licence. The licence conditions applicable in Renfrewshire are published on the Council’s licensing web pages. 4.10 Under the terms of the 1982 Act, if an application for a short-term let licence renewal has been made to the Council before the expiry date of the current licence, the licence will stay in effect until a final decision has been made on the renewal application. If a renewal application has been refused by the Board, the existing licence will remain in effect for a period of 28 days from the date of the decision, the appeal period to the sheriff, and where an appeal has been lodged, until such time as the appeal has been determined by the court. The process for applying for a renewal is the same as when applying for a new short- term let licence. Guidance for applicants is available on the Council’s licensing webpages. The Council will similarly take into account any representations or objections from police or other parties, e.g., in relation to the operation of the short-term let during the period of the licence. It is the responsibility of the licence holder to ensure that their licence is renewed prior to its expiry date. If the expiry date passes and the licence holder then applies for a licence, then this will be treated as a new application (as opposed to an application for renewal), unless the application is made within the statutory grace period set out in Paragraph 8(5A) of Schedule 1 to the 1982 Act. Applicants for renewal are therefore encouraged to apply for their renewal well in advance of their licence expiry date, as failure to lodge an application which is complete and valid could leave a licence holder unlicensed and having to await the outcome of a full new licence application before being able to operate their short-term let again. It would be a criminal offence to continue to let the property without a licence being in place. Documentation Required when submitting an Application 4.11 Applicants should be aware that an application for grant will not be accepted and processed without the following documentation (where applicable): (a) Floor/Layout Plan- An application for a new licence must be accompanied with a legible Layout Plan, preferably to scale, showing: (i) the location and width of any escape routes from the premises (ii) the location of any equipment used for the detection or warning of fire or smoke or for fighting fires (iii) the location of the presence of equipment installed for detecting the presence of carbon monoxide (iv) the location of any steps, stairs, elevators or lifts on the premises
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(v) the position of any ramps, lifts or other facilities for the benefit of disabled people (vi) the layout of rooms (vii) the occupancy for each bedroom (viii) the number of beds in each room (ix) room sizes (x) rooms available for guests. (b) For renewal applications, where there will have been no change to the layout of the premises a floor plan would not be required with the application. (c) For variation applications, where the variation relates to a change to the layout of the premises, a floor plan would be required with the application. (d) Consent from owner(s) (where the owner is not the applicant): In these circumstances, the applicant must provide consent from the owner, of if the title to the premises is held by more than one owner, all owners or a person authorised to act on behalf of the owner(s). Notice of Application 4.12 The 1982 Act, as modified in relation to short-term lets, requires an applicant to display a notice at or near the premises to which the short-term let licence application relates, in a place where it can conveniently be read by the passing public for a period of 21 consecutive days from the date when the short-term let licence application was lodged with the Council. Council Officers may request that an applicant submits photographic evidence to ensure that the notice has been displayed correctly and may request that another notice is displayed for a further 21 days if of the view that the procedure has not been carried out correctly. The notice will include the following information, as required by the 1982 Act, as modified: - the type of licence applied for (Home Sharing, Home Letting, Home Letting and Home Sharing, Secondary Letting) - the applicant’s full name and address if an individual. If not an individual, then the full name of the organisation together with the registered or principal office address, names of directors or persons responsible for the management of the premises
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- the person responsible for the day to day activity (a mandatory condition is that this will be a licence holder) - the address of the premises relating to the short-term let licence application; - the number of bedrooms in the premises; - details of any other short-term let licence that has been granted to the applicant; - the name and address of the owner(s) where the application is not the owner of the premises or the land on which the premises is located; and confirmation that the owners consent to the application (this would be included within the application form); and - the 28 day timescale for submitting an objection or representation and the statutory requirements of an objection or representation. A template notice is available on the licensing pages of the Council’s webpage at www.renfrewshire.gov.uk. The Council will send a copy of all short-term let licence applications received to the following consultees: - Police Scotland (statutory consultee); Scottish Fire and Rescue Service (statutory consultee) - Renfrewshire Council Chief Executive’s Service (Planning- all applications; Regeneration- town centre only) - Renfrewshire Council Environment and Infrastructure Service - Renfrewshire Council Communities, Housing and Planning Services (Environmental Health) - Renfrewshire Council Children’s Services - Local Councillors - for ward where the property is located - Community Council - for the area where the property is located 4.13 The Civic Government (Scotland) Act 1982 permits any person to state an objection or representation to an application for grant or renewal of a licence within 28 days of the application (the Council may entertain a late objection where sufficient reason is provided). Under the provisions of the 1982 Act, the objection or representation must: - be in writing - specify the grounds of objection or, as the case may be, the nature of the representation - specify the name and address of the person making it
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- be signed by the objector, or on their behalf. The Council can now accept electronic objections and representations, but only where these are submitted to licensingadmin.cs@renfrewshire.gov.uk and are electronically signed, and meet the other requirements set out above. 4.14 It is important that an objection or representation should be specific. It is not enough to say, “I object” or “I complain”. A petition of signatures is unlikely to be accepted as a valid objection or representation. The Board has to determine the weight to be placed on individual representations or objections. 4.15 A licence applicant is entitled to fair notice of these submissions. Accordingly, parties making these should ensure that their concerns are adequately detailed, for example with dates, times and sufficient information to allow the Board to understand them and consider whether they support a ground for refusal provided for under the 1982 Act. In addition to the usual grounds for refusal under the 1982 Act, which include for example whether an applicant is a fit and proper person, the suitability of premises and “other good reason”, the modified provisions also provide, as mentioned above, that inability to secure compliance with the mandatory and other licence conditions, as also where the consent of the owner is not provided with the application, as further grounds for refusal of an application. 4.16 Where an objection or representation is received, the party making it, and the applicant, will be invited to a meeting of the Regulatory Functions Board which decides the application after giving parties an opportunity to attend on a period of notice of 14 days. 4.17 Applications where no objections or representations have been received from any of the consultees or members of the public will usually be granted under delegated powers by Council Officers. Where applications have been met with a valid objection from any of the consultees and/or public, these will be considered by the Board at a hearing to consider and determine the application. Applicants and objectors will be given an equal opportunity to be heard at the Board to determine the application. Late objectors will be invited to attend a hearing to determine the application on the basis that their objection may be brought into proceedings if the Board is satisfied with the reasons for lateness. Where an application is granted, the applicant/licence holder will be provided with a unique short-term let licence number. This number must be used in any listing or advert for the short-term let in accordance with Mandatory Condition 14 of the mandatory conditions of licence. Parties have have a right of appeal under the 1982 Act to the sheriff within 28 days from the date of the decision and an applicant or objector may to that end also request written reasons for the decision. The Council is unable to give any legal advice in relation to appealing a decision and it is recommended that independent legal advice is sought.
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Provisional Licences and Confirmation 4.18 Where the accommodation is still to be, or is being “constructed”, an application can be made for a provisional short-term let licence. This type of licence will not allow the short-term let to be used until the licence is “confirmed”. 4.19 Applications for a provisional licence, and thereafter once the premises are complete, for confirmation, can be applied for using online forms. In order to apply for a provisional short-term let licence, a provisional planning certificate will require to be obtained before making the licence application: dc@renfrewshire.gov.uk This will only be available where the premises are to be “constructed” within the meaning of the Building (Scotland) Act 2003. 4.20 A provisional licence needs to be confirmed within three years after it was issued or it will be treated as revoked. Where, before the expiry of that period, the Council is asked to agree an extension of that three year period where the completion of construction has been delayed due to factors outwith the licence holder’s control, it can do so. Where a licence holder anticipates any delay, they should contact the licensing team at privatelandlordteam@renfrewshire.gov.uk. Provisional licence holders should note that they cannot apply for confirmation of the licence until they have obtained a full planning certificate and a building standards certificate (once the accommodation is considered complete/ suitable for occupation) and, thereafter, before confirmation can be granted, the Council requires to be satisfied that the conditions of licence will be able to be met, which will in the case of secondary lettings require an inspection to be carried out. Provisional licence holders should therefore seek to have their construction completed and confirmation applied for as soon as possible and, where delays do occur, ensure that they request the Council in writing to extend the three year period well in advance of it expiring: the Council cannot commit to contacting provisional licence holders regarding this matter should licence holders fail to do so. Variation 4.21 The Council may vary the terms of a licence and can do this at any time. This can be done following an application made to the Council by the licence holder or on the Council’s 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 in this regard. 4.22 A fee will be charged to the applicant should they apply to vary their short-term let licence, in accordance with the published on the Council’s short-term let licensing web page. The Council may require the applicant to display a notice regarding the application. 4.23 A variation application cannot be used to substitute a new holder of the licence for the existing one; this requires an application for transfer of a licence by the existing licence holder, as set out below, which has been introduced by amendments to the legislation in 2024. Equally, where the licence holder wishes to change the type of short- term let relating to their property, this means applying for a different type of licence and
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an application for a new licence should be made. Where this involves a change from home sharing or home letting, or a combination of these, to secondary letting, an inspection would be carried out in relation to that application. Transfer 4.24 It is now possible for an existing licensed short-term let operator to apply for transfer of their licence to another person. Only the existing licence holder can however apply: a new owner is not entitled to do so. 4.25 Where an application for transfer is made, an online form is again available for use and the existing licence holder will require to upload consent of any joint owners or joint licence holders with their application, as required by the terms of the Licensing Order, as amended. It is not possible to make changes to the terms of a licence by way of transfer, which would require a separate application for variation by the licence holder. 4.26 The Council requires to send any transfer application to Police Scotland as a statutory consultee, who will have 28 days to respond. As checks will already have been made as to the suitability of the accommodation, no further consultation will however be carried out. Should changes be made to the accommodation, potentially impacting the conditions of licence being able to be met, the Council will consider whether enforcement action is appropriate (please see section 10 below). Material Change in Circumstances 4.27 A licence holder must notify the Licensing Department in writing as soon as possible where there e is a material change in circumstances affecting them, or their licensed activity. Suspension or Revocation 4.28 The Council can suspend a licence immediately if it is of the opinion that the carrying on of the activity to which the licence relates is causing or is likely to cause a serious threat to public order or public safety. This action may be taken on a complaint received, or not. After an immediate suspension has taken place, the licence holder will normally be invited to attend a hearing before the Board in relation to the matter which prompted the immediate suspension, to consider whether to suspend or revoke the licence. This hearing is likely to take place within six weeks of the immediate suspension. The grounds for further suspending or revoking a short-term let licence are detailed within Paragraph 11 of Schedule 1 to the 1982 Act (the immediate suspension provisions within Paragraph 12 of that Schedule).
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Timescale for Determining Applications 4.29 Under the Civic Government (Scotland) Act 1982, the Council has 9 months to determine any short-term let licence application from the date a valid application is received. 5. Conditions attached to short-term let licence 5.1 All short-term let licences will be subject to conditions. Under the Licensing Order, there are certain conditions which the Council must attach to a short-term let licence. These are known as “mandatory conditions” and relate to the safety of the short-term let: the Council has no power to amend any of the mandatory conditions. The Council is also able to agree additional licence conditions. The Council has agreed such additional conditions for short-term lets. The standard conditions of short-term let licences applicable in Renfrewshire as agreed by the Regulatory Functions Board, comprising mandatory and additional conditions, are published on the licensing pages of the Council’s website. 5.2 All applicants should ensure, prior to applying for a short-term let licence of any type, that they are able to comply with the conditions attached to a licence. Licence holders should also note that in terms of listing their premises as a licensed short-term let, the listing must include, in terms of the mandatory conditions, the unique licence number provided by the Council and a valid Energy Performance Certificate rating, where required for the premises in accordance with the Energy Performance of Buildings (Scotland) Regulations 2008. 6. Public Register 6.1 It is a statutory requirement that the Council maintains a public register of all short- term let licences. The public register is available on the Council’s licensing webpages. Quarterly returns are also provided to the Scottish Government. 7. Fees 7.1 The fee for a short-term let licence application in Renfrewshire is dependent on the circumstances of the application, including the type of short-term let licence being applied for and the number of bedrooms to be let. These are published on the Council’s short-term lets licensing web page. Fees for provisional licence applications (and confirmation of these) and transfer applications are also published on the page. Applications must be accompanied by such fee as is approved by the Council from time to time as applicable to the circumstances of that application. The Licensing Order permits the Council to set reasonable fees. The total amount of fees receivable by the Council in
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relation to short-term lets require to be sufficient to meet the expenses of the Council in exercising their functions under the Licensing Order. 7.2 The fees are likely to be reviewed periodically by the Council and are therefore subject to change. As such, the up-to-date fees agreed by Council and/or the Regulatory Functions Board on the Council’s short-term lets licensing web page should be checked by applicants/ licence holders as appropriate. 7.3 It should be noted that while the Council does not seek to charge an annual or subscription fee in place of applications fees, an inspection fee will in certain circumstances be charged relative to complaints or failures to comply with licence conditions. This is detailed further at section 20 of this Policy. 7.4 Information on temporary licence fees and temporary exemption fees is set out at sections 8 and 9, below. Other miscellaneous fees are published within the Civic Licensing Fees. 8. Temporary Licences 8.1 A temporary licence may be granted by the Council for a duration of up to six weeks (and will subsist for a period beyond, where an application for grant of a full licence is also made along with the temporary licence application or before it expires) under the terms of the 1982 Act. A temporary licence number will be provided to the licence holder and any conditions of licence will require to be met, as with other short-term let licences. The temporary licence provisions of the 1982 Act require consultation with Police Scotland and Scottish Fire and Rescue but do not require further consultation. 8.2 The guidance states that the Council should publish a policy regarding temporary licences for short-term lets, regarding when these will be allowed. It has been agreed that the Council will allow temporary licences for short-term lets in the following circumstances: 8.2.1 Where the type of licence sought is for home sharing, home letting or a combination of home sharing or home letting and the applicant either: (i) requires a licence for letting the property more quickly than an application for a full licence would allow; or (ii) wishes to try out short-term letting for an initial period of up to six weeks prior to deciding whether to apply for a full licence. This is considered to allow flexibility for these licence types where the risks in doing so are considered to be relatively lower; 8.2.2 Otherwise, the Council will allow a temporary licence for secondary letting, but only in circumstances where the applicant has previously held a short-term let licence for secondary letting of the accommodation and has missed the deadline for renewing that
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licence (including where they have missed the additional discretionary period for late renewal permitted by Paragraph 8(5A) of Schedule 1 to the 1982 Act). 8.3 While only limited consultation is a statutory requirement in relation to temporary licences, the Council is mindful that the operation of short-term lets may result in concerns being raised by neighbouring residents. As such, the Council will notify those it usually consults, as set out above, of a temporary licence application received and may ask the applicant to display a site notice. 8.4 Where a temporary licence is granted, this will be subject to the same conditions of licence applicable to a full short-term let licence. 8.5 A similar fee will be charged for a temporary licence as applies to a full licence for the same type of short-term letting. Where followed by a full application, an additional fee will also be payable for that application. 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 will 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 required 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 and subsequently consulted in the summer of 2025 with a similar list of parties prior to reviewing this policy. The Board had, earlier, 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 the further consultation, the Board has agreed that temporary exemptions will continue to 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
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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 £111. 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 Council’s short-term let licensing web page. 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. 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. 10. Compliance and Enforcement 10.1 This Policy sets out the Council’s approach to monitoring compliance and enforcement in relation to persons who are a Host/Operator of a short-term let. It makes clear the steps that the Council will take when determining an application for a short- term let licence and in monitoring compliance of those applying for a short-term lets licence. It also sets out action the Council may take if needed to enforce the licensing requirements. 10.2 Effective monitoring of compliance and enforcement is an important aspect of this policy and will help to achieve improved standards of practice and ensure that all hosts and operators comply with their responsibilities. This will enable hosts and operators to compete on a fair basis, improve standards within the industry and instil greater consumer confidence when using a short-term let.
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10.3 In Renfrewshire, monitoring and enforcement of short-term lets will be carried out by authorised officers within Communities and Housing Services. Our approach to monitoring compliance and enforcement is founded upon the Scottish Government’s five principles of Better Regulation. The principles state that any regulation should be transparent, accountable, proportionate, consistent and targeted. We will provide clear information to those undertaking short-term letting and about how we will assess their suitability to be licensed, monitor compliance and support the enforcement of regulation. We will encourage and support compliance among hosts and operators, reduce duplication and minimise unnecessary burden upon short-term let licence holders by targeting compliance activity on those assessed as being at greater risk of non- compliance. 10.4 In relation to applications for short-term let licences, Communities and Housing Services will adopt a risk-based approach to inspections of short-term lets. In relation to secondary lettings, the Council considers that these pose higher risks to safety than properties where the host lives along with the guests. Accordingly, the Council will carry out inspections of secondary letting properties in all cases, but will not usually inspect properties sought to be licensed for home sharing, home letting or a combination of those activities. For those applications, officers will have regard to the declaration of compliance provided in an application and may require evidence from an applicant of documentation confirming that compliance can be achieved. 10.5 Notwithstanding that, officers in Communities and Housing Services may also carry out inspections of those properties where they consider this to be justified on a risk- assessed basis. 10.6 In order to monitor compliance, the above officers are empowered to undertake inspection of premises under the 1982 Act, including short-term lets. This gives the officers the ability to visit and inspect both the premises and any records associated with the conditions attached to the licence. In keeping with the principles of proper and targeted compliance, the Council may visit when considered necessary and will consider a range of factors as to when to carry out an inspection. This may include for example: as part of considering an application; part of a routine inspection; as a result of a complaint from a guest or neighbour; follow-up on a previous visit to confirm that an issue has been resolved; feedback from Police Scotland and the Scottish Fire and Rescue Service; peculiarities of the accommodation; patterns of complaints associated with the host, operator or premises; and reputational evidence. 10.7 Where an inspection of premises is required following either (i) a failure to comply with a licence condition, or (ii) a complaint relating to the premises (unless the complaint is frivolous or vexatious), Communities and Housing Services will charge a reasonable fee to cover the costs of that inspection and will produce a report of its finding to the licence holder within 28 days of the inspection. The level of fee will be determined according to the costs incurred based on the hourly rate of officers conducting the inspection. Where Communities and Housing Services do not produce the report to the licence holder within 28 days of the inspection, they will arrange to refund the inspection fee charged.
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10.8 Monitoring the compliance of hosts and operators cannot solely be the responsibility of any one person or the Council. To be effective it requires collaboration between service users, letting agencies and platforms, not only to monitor compliance but in addition to identify and eliminate unlicensed short-term lets. 10.9 While our primary aim is to ensure compliance through means of encouragement and support, there are several ways to address concerns under the legislation, including: seeking possible additional licence conditions at the application stage; serving an Enforcement Notice; requesting variation of a licence; asking the Board to consider suspension or revocation of a licence; or pursuance of a prosecution through the appropriate authorities in respect of offences under the 1982 Act. 10.10 All complaints and concerns received will be taken seriously as they provide an opportunity to maintain high standards in the short-term let industry by means of the licensing regime. The Council will ensure that all complaints are investigated fairly and in a timely way with those involved and seek to ensure, where possible, that complaints are resolved. Complainers will be kept up-to-date in relation to the progress made by Council Officers in relation to their complaint. 10.11 Complaints about hosts and operators can be received from various sources: for example, guests. In the first instance, guests should raise any concerns with their host or operator, letting agency or platform. If they remain dissatisfied or the issue is sufficiently grave, then a complaint should be made to the Council to investigate. Neighbours might complain about occupancy or noise, disturbance or instances of antisocial behaviour issues, as also around maintenance, guests congregating in common areas and accumulation of refuse (especially in flats or tenements), or suspected unlicensed short- term lets. Complaints about suspected unlicensed operators should be directed to Police Scotland. 10.12 For the avoidance of doubt, no fee will be charged by the Council to neighbours or other parties for raising a complaint in relation to a short-term let. 10.13 Some complaints will require enforcement action by the Council and some complaints will not: for example, where the Council determines that the complaint is frivolous or vexatious; where action has already been taken or is in progress; or where the complaint relates to a matter which is outside the scope of the licensing scheme. The Council will aim to resolve most complaints by means of engagement and discussion with the host/operator, prior to considering other forms of action described above.
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Renfrewshire Council: Consultation on updated Temporary Exemptions for STLs policy Background VisitScotland exists to drive the visitor economy and grow its value to Scotland. We deliver this by focusing on four priorities of place development, business and experience development, market development and organisation development. Across Scotland, visitors spend £10.8 billion and events generate £5.5 billion; this represents 9% of the value of the Scottish economy. 245,000 people are employed in tourism; that’s 1 in every 11 jobs in Scotland. With such a significant sector, it is important that collectively, we get regulation right and allow the sector to thrive. Insights for the Glasgow and Clyde Valley (including Renfrewshire) that you may find useful can be found here: Glasgow and the Clyde Valley - Research | VisitScotland.org Temporary Exemptions Thank you for the opportunity to comment on section 9 of the draft guidance on Temporary Exemptions. When the amendment was introduced, we welcomed it as an improved position to allow a more flexible approach to the application of temporary exemptions over short periods of time. This will be particularly important for those hosts and operators looking to provide accommodation for events and festivals. Wording at 9.2 relating to amended timescales is correct, however, it is perhaps not very user- friendly. It may be helpful to revise this wording to ensure all who read it can easily understand it. 9.4 sets out circumstances where a temporary exemption application would be considered: “…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.” Again, wording is lengthy and could benefit from review from a user-friendly perspective. It would also be useful to understand the rationale for restricting the use of temporary exemptions to “exceptional circumstances” for national or international events/festivals etc rather than applying it more generally to events or circumstances that might only apply locally. Compiled by VisitScotland August 2025 Appendix 3