Agenda Document Pack - Licensing Committee - 19/05/2026
South Lanarkshire Council · 19 May 2026
Back to Licensing Committee — 19 May 2026 and its agenda
Text extracted from the council's PDF. Layout and reading order may differ from the original.
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Council Offices, Almada Street Hamilton, ML3 0AA Monday, 11 May 2026 Dear Councillor Licensing Committee The Members listed below are requested to attend a meeting of the above Committee to be held as follows:- Date: Tuesday, 19 May 2026 Time: 10:00 Venue: Hybrid - Committee Room 1, Council Offices, Almada Street, Hamilton, ML3 0AA The business to be considered at the meeting is listed overleaf. Yours sincerely Paul Manning Chief Executive Members Andy Carmichael (Chair), Bert Thomson (Depute Chair), Joe Fagan (ex officio), Margaret Cowie, Julia Marrs, Catherine McClymont, Kenny McCreary, Mark McGeever, David Shearer, Helen Toner Substitutes Robert Brown, Mary Donnelly, Gladys Ferguson-Miller, Davie McLachlan, Richard Nelson, 1
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BUSINESS 1 Declaration of Interests 2 Minutes of Previous Meeting Minutes of the meeting of the Licensing Committee held on 28 April 2026 submitted for approval as a correct record. (Copy attached) 5 - 10 Item(s) for Decision 3 Short Term Let Licensing Policy Review Report dated 24 April 2026 by the Executive Director (Finance and Corporate Resources). (Copy attached) 11 - 44 Urgent Business 4 Urgent Business Any other items of business which the Chair decides are urgent. Exclusion of Press and Public 5 Exclusion of Press and Public It is recommended that the Committee makes the following resolution:- "That, in terms of Section 50A(4) of the Local Government (Scotland) Act 1973, the press and public be excluded from the meeting for the following item(s) of business on the grounds that it is likely that there will be disclosure of exempt information in terms of Paragraphs 6 and 14 of Part I of Schedule 7A of the Act." Item(s) for Decision 6 Civic Government (Scotland) Act 1982 (As Amended) - Consideration of Suspension or Revocation of Street Trader's Licence No 014 • Exempt information in terms of Paragraph 14 of Part I of Schedule 7A of the Act 7 Civic Government (Scotland) Act 1982 (As Amended) - Application for Grant of Taxi Driver's Licence • Exempt information in terms of Paragraph 14 of Part I of Schedule 7A of the Act 8 Civic Government (Scotland) Act 1982 (As Amended) - Application for Renewal of Private Hire Car Driver's Licence No 653 • Exempt information in terms of Paragraph 14 of Part I of Schedule 7A of the Act 9 Civic Government (Scotland) Act 1982 (As Amended) - Application for Renewal of Private Hire Car Driver's Licence No 976 • Exempt information in terms of Paragraph 14 of Part I of Schedule 7A of the Act 10 Civic Government (Scotland) Act 1982 (As Amended) - Application for Grant of Taxi Driver's Licence • Exempt information in terms of Paragraph 14 of Part I of Schedule 7A of the Act 2
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11 Civic Government (Scotland) Act 1982 (As Amended) - Application for Grant of Taxi Driver's Licence • Exempt information in terms of Paragraph 14 of Part I of Schedule 7A of the Act 12 Civic Government (Scotland) Act 1982 (As Amended) - Application for Grant of Private Hire Car Driver's Licence • Exempt information in terms of Paragraph 14 of Part I of Schedule 7A of the Act 13 Civic Government (Scotland) Act 1982 (As Amended) - Application for Renewal of Taxi Driver's Licence No 177 • Exempt information in terms of Paragraph 6 of Part I of Schedule 7A of the Act 14 Civic Government (Scotland) Act 1982 (As Amended) - Consideration of Request to Lift Suspension of Private Hire Car Operator's Licence No 528 and Private Hire Car Driver's Licence No 323 • Exempt information in terms of Paragraph 14 of Part I of Schedule 7A of the Act For further information, please contact:- Clerk Name: Carol Lyon Clerk Telephone: 07385370065 Clerk Email: carol.lyon@southlanarkshire.gov.uk 3
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LICENSING COMMITTEE Minutes of the meeting held via Confero and in the Council Chamber, Council Offices, Almada Street, Hamilton on 28 April 2026 Chair: Councillor Andy Carmichael Councillors Present: Councillor Margaret Cowie, Councillor Julia Marrs, Councillor Kenny McCreary, Councillor Mark McGeever, Councillor David Shearer, Councillor Bert Thomson (Depute), Councillor Helen Toner Councillors' Apologies: Councillor Joe Fagan (ex officio), Councillor Catherine McClymont Attending: Finance and Corporate Resources L Bryce, Licensing and Registration Assistant (Items 9 to 15); C Lyon, Administration Officer; D McLardy, Legal Services’ Adviser; K McLeod, Administration Assistant; L Steele, Licensing Standards and Development Officer/Assistant Registrar; S Williamson, Administration Assistant (Landlord Registration) (Items 1 to 8) 1 Declaration of Interests The following interests were declared:- Councillor(s) Item(s) Nature of Interest(s) Thomson Civic Government (Scotland) Act 1982 (As Amended) – Consideration of Request to Lift Suspension of Private Hire Car Operator’s Licence No 688 Known to owner of taxi company 2 Minutes of Previous Meeting The minutes of the meeting of the Licensing Committee held on 17 March 2026 were submitted for approval as a correct record. The Committee decided: that the minutes be approved as a correct record. 3 Minutes of Special Meeting The minutes of the special meeting of the Licensing Committee held on 31 March 2026 were submitted for approval as a correct record. The Committee decided: that the minutes be approved as a correct record. 4 Civic Licence Applications Determined Under Delegated Authority – January to March 2026 A report dated 2 April 2026 by the Executive Director (Finance and Corporate Resources) was submitted on civic licence applications determined under delegated authority in the period January to March 2026. 2 5
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Applications for grant or renewal of licences under the Civic Government (Scotland) Act 1982 (as amended) must be processed within statutory timescales. Delegated authority had been given to determine various types of civic licensing application, through the Council’s Scheme of Delegation. Delegated authority was limited and certain applications still required to come to the Committee for determination, for instance where there were certain objections or there was a representation from Police Scotland, depending upon the nature of the application in question. In the period between January to March 2026, there were 277 new licence applications granted, 13 refused and 185 renewed. As at 31 March 2026, there were 4,973 licences in operation. Details of the public register of applications made and licences issued under the Licensing (Scotland) Act 2005, Civic Government (Scotland) Act 1982 (as amended) and miscellaneous licensing, which showed a summary of current licences and applications, were available on the Council’s website. The Committee decided: that the report be noted [Reference: Minutes of 10 February 2026 (Paragraph 4)] 5 Urgent Business There were no items of urgent business. 6 Exclusion of Press and Public The Committee decided: that, in terms of Section 50A(4) of the Local Government (Scotland) Act 1973, the press and public be excluded from the meeting for the following items of business on the grounds that it was likely that there would be disclosure of exempt information in terms of Paragraphs 6 and 14 of Part I of Schedule 7A of the Act. 7 Civic Government (Scotland) Act 1982 (As Amended) - Application for Grant of a Short Term Let Licence A report dated 1 April 2026 by the Executive Director (Finance and Corporate Resources) was submitted on an application for the grant of a short term let licence in terms of the Civic Government (Scotland) Act 1982 (as amended). In terms of the Civic Government (Scotland) Act 1982 (as amended), the opportunity of a hearing had been offered to the applicant who present and accompanied by A Galbraith. Both were heard in support of the application. An objection had been received from Housing and Technical Resources and K McCall, Housing Services Manager was heard. 6
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The Committee decided: that the following application for a short term let licence be granted subject to the conditions specified by the Executive Director (Finance and Corporate Resources):- Applicant: Elysian Lifetimes Limited and K Kazimierczak Type of Licence: Short term let Address of Premises: 45 Kerr Crescent, Hamilton Category: Secondary letting Occupancy: 3 to 6 Persons 8 Civic Government (Scotland) Act 1982 (As Amended) - Application for Grant of a Short Term Let Licence A report dated 1 April 2026 by the Executive Director (Finance and Corporate Resources) was submitted on an application for the grant of a short term let licence in terms of the Civic Government (Scotland) Act 1982 (as amended). In terms of the Civic Government (Scotland) Act 1982 (as amended), the opportunity of a hearing had been offered to the applicant who was present and represented by B McMahon. An objection had been received from Councillor Watson who was also heard. The applicant’s representative submitted a parking management plan. Following discussion, Councillor Carmichael, seconded by Councillor Cowie, moved that the application be granted with the condition that a maximum of 3 vehicles be parked at the property; a maximum of 6 persons in the property if booked by contractors and a maximum of 10 if booked by families. Councillor Marrs, seconded by Councillor Toner, moved as an amendment that the application be granted with the condition that a maximum of 3 vehicles be parked at the property. On a vote being taken using the electronic voting system, 4 members voted for the motion, 2 for the amendment and 1 member abstained. The motion was declared carried. The Committee decided: that the following application for a short term let licence be granted subject to the conditions specified by the Executive Director (Finance and Corporate Resources):- Applicant: GGAW Investments Limited – Accountancy Solutions Office and A Jagpal Type of Licence: Short term let Address of Premises: 24 Hairmyres Park, East Kilbride Category: Secondary letting Occupancy: 7 to 10 Persons Additional Conditions: Maximum of 3 vehicles to be parked at the property (2 in driveway and 1 outside property) Maximum of 6 persons in property if booked by contractors Maximum of 10 persons in property if booked by families Councillor Thomson left the meeting during consideration of the above item of business. In terms of Standing Order No 14, the Chair adjourned the meeting after this item of business at 12.15pm. The meeting reconvened at 1.00pm. Councillor Thomson rejoined the meeting when it reconvened 7
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9 Civic Government (Scotland) Act 1982 (As Amended) – Consideration of Suspension or Revocation of Private Hire Car Driver’s Licence No 855 and Private Hire Car Operator’s Licence No 2068 A report dated 1 April 2026 by the Executive Director (Finance and Corporate Resources) was submitted proposing that consideration be given to whether private hire car driver’s licence No 855 and private hire car operator’s licence No 2068 should be suspended or revoked in terms of the Civic Government (Scotland) Act 1982 (as amended). In terms of the Civic Government (Scotland) Act 1982 (as amended), the opportunity of a hearing had been offered to the applicant who was not present or represented. A report had been received from the Council’s Authorised Officer under the Civic Government (Scotland) Act 1982 (as amended). The Committee decided: that private hire car driver’s licence No 855 and private hire car operator’s licence No 2068 in the Cambuslang and Rutherglen zone be suspended with immediate effect for the remainder of the period of the licences. 10 Civic Government (Scotland) Act 1982 (As Amended) – Application for a Booking Office Licence A report dated 23 March 2026 by the Executive Director (Finance and Corporate Resources) was submitted on an application for a booking office licence in terms of the Civic Government (Scotland) Act 1982 (as amended). In terms of the Civic Government (Scotland) Act 1982 (as amended), the opportunity of a hearing had been offered to the applicant who was present and accompanied by K Fisher. Both were heard in support of the application. A report had been received from the Council’s Authorised Officer under the Civic Government (Scotland) Act 1982 (as amended) and G Margiotti was heard. The Committee decided: that the application for a booking office licence at 17 Hareleeshill Road, Larkhall by Vibe Private Hire Limited and L Adam be granted for a period of 1 year. 11 Civic Government (Scotland) Act 1982 (As Amended) – Application for Grant of Private Hire Car Driver’s Licence A report dated 13 March 2026 by the Executive Director (Finance and Corporate Resources) was submitted on an application for a private hire car driver’s licence in terms of the Civic Government (Scotland) Act 1982 (as amended). In terms of the Civic Government (Scotland) Act 1982 (as amended), the opportunity of a hearing had been offered to the applicant who was present and heard in support of his application. The Committee decided: that the application by M Omorum, Flat 1/1, 15 Glenelg Quadrant, Glasgow for the grant of a private hire car driver’s licence in the Cambuslang and Rutherglen zone be granted for a period of 1 year. 8
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12 Civic Government (Scotland) Act 1982 (As Amended) - Application for Renewal of Taxi Driver’s Licence No 492 A report dated 13 March 2026 by the Executive Director (Finance and Corporate Resources) was submitted on an application for the renewal of taxi driver’s licence No 492 in terms of the Civic Government (Scotland) Act 1982 (as amended). In terms of the Civic Government (Scotland) Act 1982 (as amended), the opportunity of a hearing had been offered to the applicant who was not present but represented by his daughter in support of his application. During discussions, it became apparent that the applicant was currently being treated for a medical issue. The Committee decided: that the application by P Clarke, 43 Eliot Crescent, Hamilton for the renewal of private hire car driver’s licence No 492 in the Hamilton zone be granted for a period of 1 year with the condition that his licence be handed into Licensing and Registration Services for safe keeping until he was declared fit to drive after his current medical issue. 13 Civic Government (Scotland) Act 1982 (As Amended) - Consideration of Request to Lift Suspension of Private Hire Car Operator’s Licence No 688 A report dated 13 March 2026 by the Executive Director (Finance and Corporate Resources) was submitted proposing that consideration be given to whether the suspension of private hire car operator’s licence No 688 should be lifted. On 3 March 2026, the Committee had suspended private hire car operator’s licence No 688 with immediate effect for the remainder of the period of licence. In terms of the Civic Government (Scotland) Act 1982 (as amended), the opportunity of a hearing had been offered to the licence holder who was present and heard in support of his suspension being lifted. The Committee decided: that the suspension of private hire car operator’s licence No 688 in the Hamilton zone be lifted. [Reference: Minutes of 3 March 2026 (Paragraph 9)] Councillor Thomson, having declared an interest in the above item of business, withdrew from the meeting during its consideration 14 Civic Government (Scotland) Act 1982 (As Amended) - Consideration of Suspension or Revocation of Taxi Driver’s Licence No 1415 A report dated 13 March 2026 by the Executive Director (Finance and Corporate Resources) was submitted proposing that consideration be given to whether private hire car operator’s licence No 1415 should be suspended or revoked in terms of the Civic Government (Scotland) Act 1982 (as amended). The Legal Services’ Adviser intimated that the licence holder had now had his vehicle inspected, therefore, there was no requirement for a hearing. 9
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The Committee decided: to note that, as the licence holder had now had his vehicle inspected, there was no requirement for a hearing to consider this matter. 15 Civic Government (Scotland) Act 1982 (As Amended) – Consideration of Suspension or Revocation of Private Hire Car Operator’s Licence No 2151 A report dated 13 March 2026 by the Executive Director (Finance and Corporate Resources) was submitted proposing that consideration be given to whether private hire car operator’s licence No 2151 should be suspended or revoked in terms of the Civic Government (Scotland) Act 1982 (as amended). The Legal Services’ Adviser intimated that the licence had now expired, therefore, there was no requirement for a hearing. The Committee decided: to note that, as the licence had now expired, there was no requirement for a hearing to consider this matter. 10
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Report Agenda Item Report to: Licensing Committee Date of Meeting: 19 May 2026 Report by: Executive Director (Finance and Corporate Resources) Subject: Short Term Let Licensing Policy Review 1. Purpose of Report 1.1. The purpose of the report is to:- seek the endorsement of the Licensing Committee to a revised Statement of Licensing Policy for Short Term Lets and its referral to the Executive Committee for approval 2. Recommendation(s) 2.1. The Committee is asked to approve the following recommendation(s):- (1) that the contents of this report are noted; (2) that the updated Statement of Licensing Policy for Short Term Lets, including the inclusion of additional licence conditions as set out at Appendix 3 of the report, and that there be no temporary exemptions, be endorsed; and (3) that the Statement of Licensing Policy for Short Term Lets be referred to the Executive Committee on 24 June 2026 for approval. 3. Background 3.1. On 2 November 2022 the Executive Committee approved the Council’s Statement of Licensing Policy for Short Term Lets, in implementation of the Civic Government (Scotland) Act 1982 (Licensing of Short-term Lets) Order 2022 (the 2022 Order) which introduced the Short Term Lets licensing regime. There are approximately 225 licensed short term lets within the South Lanarkshire area. 3.2. On 29 August 2024, the Civic Government (Scotland) Act 1982 (Licensing of Short- term Lets) Amendment Order 2024 was enacted to include the following licence application types in the Short Term Lets licensing regime, along with other minor technical changes:- Provisional Short Term Let Licence Confirmation of Provisional Short Term Let Licence Transfer of Short Term Let Licence 3.3. On 24 June 2025, the Licensing Committee approved minor changes to the Council’s Statement of Licensing Policy for Short Term Lets to include these new application types. The Licensing Committee also approved in principle to new fees for these additional application types. 3.4. On 10 September 2025, the Finance and Corporate Resources Committee approved the new fees and additional application types. 3 11
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3.5. On 29 December 2025, as part of its 3 yearly review, a public consultation on the Statement of Licensing Policy for Short Term Lets was commenced. This was undertaken by way of an online survey on the Council’s website which closed on 24 January 2026. 3.6. The following were consulted directly along with the consultation survey highlighted on the Council’s website and social media platforms:- Licensing Standards Officers Police Scotland Scottish Fire and Rescue Planning Building Standards Environmental Services Roads and Transportation Consumer and Trading Standards Anti-Social Behaviour Team Housing Elected Members Community Councils Current licence holders of Short Term Let licences Proposals 4.1. As noted above, the Council has recently undertaken a consultation on the Statement of Licensing Policy for Short Term Lets. A summary of the questions asked by the consultation, and the responses received is attached at Appendix 2. 4.2. As required by the 2022 Order, mandatory conditions of licence apply to all Short Term Let licences issued across Scotland. In addition to the mandatory conditions, the Council may set additional licence conditions using discretionary powers within the 2022 Order which could respond to local challenges and concerns. Additional conditions aim to ensure that best practice is applied by licence holders to secure public safety and to minimise the risk of public nuisance, as well as anti-social behaviour resulting from the operation of a short term lets. 4.3. After consideration of the responses to the consultation on the licensing of Short Term Lets, and a separate review by officers of the current Policy, it is recommended that:- the Council should impose additional conditions for Short Term Lets as detailed in Appendix 3, which would be incorporated into the Statement of Licensing Policy for Short Term Lets no changes should be made to the current Policy in respect of temporary exemptions, and that there be no temporary exemptions 4.4. In addition to the above, there are some other minor changes proposed to the existing Policy including a statement that the fees will be reviewed annually as part of the Council’s annual review of fees and charges (paragraph 5.1) and inclusion of provision for a 3 yearly review of the Policy (paragraph 20). A copy of the Statement of Licensing Policy for Short Term Lets as updated following this review is included in Appendix 1. 12
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4.5. Subject to the Committee’s decision, this report and the proposed updates to the Statement of Licensing Policy for Short Term Lets would be referred to the Executive Committee on 24 June 2026 for approval. 5. Employee Implications 5.1. There are no employee implications arising from this report. 6. Financial Implications 6.1. There are no financial implications arising directly from this report. 7. Climate Change, Sustainability and Environmental Implications 7.1. There are no climate change, sustainability and environmental implications arising directly from this report. 8. Other Implications 8.1. There are no other implications arising directly from this report. 9. Integrated Impact Assessment and Consultation Requirements 9.1. The Council consulted with organisations listed within this report. There were 19 responses received from the consultees or members of the public during the 4 week consultation period, which has been summarised in Appendix 2. Council officers have also caried out an Integrated Impact Assessment which did not highlight any negative impacts from the proposed changes to the Policy. The Integrated Impact Assessment is available on the Council’s website and can be accessed here https://www.southlanarkshire.gov.uk/downloads/file/18479/short_term_lets_policy_re view . Jackie Taylor Executive Director (Finance and Corporate Resources) 24 April 2026 Link(s) to Council Values/Priorities/Outcomes Focused on people and their needs Previous References Executive Committee, 2 November 2022 CMIS > Meetings calendar Licensing Committee, 24 June 2025 CMIS > Meetings calendar Finance and Corporate Committee, 10 September 2025 CMIS > Meetings calendar List of Background Papers None Contact for Further Information If you would like to inspect the background papers or want further information, please contact:- Margaret Mary Wilson, Legal Services Manager Ext: 4501 (Tel: 01698 454501) E-mail: margaretmary.wilson@southlanarkshire.gov.uk 13
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Appendix 1 Short Term Lets Licensing Scheme Civic Government (Scotland) Act 1982 Statement of Licensing Policy October 2022 Reviewed TBC 2026 If you need this information in another language or format, please contact us to discuss how we can best meet your needs. Phone 0303 123 1015 or email equalities@southlanarkshire.gov.uk 3 15
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1. Introduction 1.1 South Lanarkshire Council is the licensing authority for the area of South Lanarkshire for the purposes of the Civic Government (Scotland) Act 1982 (the “1982 Act”) and is responsible for regulating and administering licences in terms of the Act in the local authority area. 1.2 The Civic Government (Scotland) Act 1982 (Licensing of Short-term Lets) Order 2022 (the “Order”) was made by the Scottish Parliament on 19 January 2022 and came into force on 1 March 2022. The Order requires local authorities to introduce a Short Term Lets Licensing Scheme. The Civic Government (Scotland) Act 1982 (Licensing of Short-term Lets) Amendment Order 2023 was made on 8 March 2023 and came into force on 31 March 2023. The Civic Government (Scotland) Act 1982 (Licensing of Short-term Lets) Amendment Order 2024 was made on 29 August 2024 and came into force on 30 August 2024. 1.3 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; and • to assist with handling complaints and address issues faced by neighbours effectively. 1.4 Guidance has been issued by the Scottish Government which is designed to help licensing authorities implement a licensing scheme in their area which is: • in line with the Scottish Government's overall policy aims for the licensing of short-term lets; • efficient, effective, and proportionate; and • customised to the licensing authority's local policies and the needs and circumstances of the licensing authority's local area. 1.5 This policy outlines how South Lanarkshire Council as licensing authority will oversee a Short Term Lets Licensing Scheme and administer applications within the area. 2. Consultation and links to other policies, strategies, and legislation 2.1 In preparing the policy, the Council has considered the guidance issued by the Scottish Government and consulted with stakeholders. The terms of the policy may be further updated in response to future public consultation. 2.2 It should be recognised that this policy covers a variety of activities and premises and cannot provide for every eventuality 2.3 This policy does not seek to prevent any individual applying under the terms of the 1982 Act and to have such an application considered on its individual merits. It does not seek to override the right of any person to make representations on an application or to seek a review of a licence where provision has been made for this in the 1982 Act. 3. Definitions and licence types 3.1 Definitions 16
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A “short-term let” is defined in the order as the use of residential accommodation provided by a host in the course of business to a guest, where all of the following criteria are met— a) the guest does not use the accommodation as their only or principal home, b) the short-term let is entered into for commercial consideration, c) the guest is not— • an immediate family member of the host, • 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, or • an owner or part-owner of the accommodation, d) the accommodation is not 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, e) the accommodation is not excluded accommodation, and f) the short-term let does not constitute an excluded tenancy, “accommodation” includes the whole or any part of a premises, “commercial consideration” includes— • money • a benefit in kind (such as provision of a service, or reciprocal use of accommodation), “excluded accommodation” means accommodation described in paragraph 1 of schedule 1, “excluded tenancy” means a tenancy described in paragraph 2 of schedule 1, “guest” means a person who occupies accommodation under a short-term let, “host” means a person who is the owner, tenant, or person who otherwise exercises control over occupation and use, of the accommodation which is the subject of a short- term let, An immediate family member of the host is— • someone who is married to, in a civil partnership or living together as though they were married to the host • a parent, grandparent, child, grandchild or sibling of the host or their partner • a partner of the host’s parent, grandparent, child, grandchild, or sibling Note two people are to be regarded as siblings if they have at least one parent in common, a person’s stepchild or foster child is to be regarded as the person’s child, a person (“C”) is to be regarded as the child of another person (“D”) if C is being or has been treated by D as D’s child. Excluded accommodation means accommodation which is, or is part of— (a) an aparthotel, (b) premises in respect of which a premises licence within the meaning of section 17 of the Licensing (Scotland) Act 2005 has effect and where the provision of accommodation is an activity listed in the operating plan as defined in section 20(4) of the 2005 Act, (c) a hotel which has planning permission granted for use as a hotel, (d) a hostel, 17
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(e) residential accommodation where personal care is provided to residents, including guest rooms provided at that accommodation for the purposes of visiting residents, (f) a hospital or nursing home, including guest rooms provided at the hospital or nursing home for the purposes of visiting residents of the hospital or nursing home, (g) a residential school, college, or training centre, (h) secure residential accommodation (including a prison, young offenders institution, detention centre, secure training centre, custody centre, short-term holding centre, secure hospital, secure local authority accommodation, or accommodation used as military barracks), (I) a refuge, (j) student accommodation, (k) accommodation which otherwise requires a licence for use for hire for overnight stays, (l) accommodation which is provided by the guest, (m) accommodation which is capable, without modification, of transporting guests to another location, (n) a bothy, (o) 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 or (p) guest rooms in sheltered housing which are provided for the purposes of visiting residents of that housing. An excluded tenancy means a tenancy which falls within any of the following definitions— (a) a protected tenancy (within the meaning of section 1 of the Rent (Scotland) Act 1984) (b) an assured tenancy (within the meaning of section 12 of the Housing (Scotland) Act 1988), (c) a short assured tenancy (within the meaning of section 32 of the Housing (Scotland) Act 1988), (d) a tenancy of a croft (within the meaning of section 3 the Crofters (Scotland) Act 1993), (e) a tenancy of a holding situated outwith the crofting counties (within the meaning of section 61 of the Crofters (Scotland) Act 1993) to which any provisions of the Small Landholders (Scotland) Acts 1886 to 1931 applies, (f) a Scottish secure tenancy (within the meaning of section 11 of the Housing (Scotland) Act 2001), (g) a short Scottish secure tenancy (within the meaning of section 34 of the Housing (Scotland) Act 2001), (h) a 1991 Act tenancy (within the meaning of section 1(4) of the Agricultural Holdings (Scotland) Act 2003), (i) a limited duration tenancy (within the meaning of section 93 of the Agricultural Holdings (Scotland) Act 2003), (j) a modern limited duration tenancy (within the meaning of section 5A of the Agricultural Holdings (Scotland) Act 2003), (k) a short limited duration tenancy (within the meaning of section 4 of the Agricultural Holdings (Scotland) Act 2003), (l) a tenancy under a lease under which agricultural land is let for the purpose of its being used only for grazing or mowing during some specified period of the year (as described in section 3 of the Agricultural Holdings (Scotland) Act 2003), (m) a private residential tenancy (within the meaning of section 1 of the Private Housing (Tenancies) (Scotland) Act 2016), or (n) a student residential tenancy. 18
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“unique licence number” means a unique number which— (a) is assigned to each application or licence, and (b) contains a number or letters which— • identifies the licensing authority, and • is used in every licence number assigned by the licensing authority. 3.2 Types of licence There are four types of licence:- a) a licence for home letting; b) a licence for home sharing c) a licence for home sharing and home letting; or d) a licence for secondary letting. The different licence types are defined as follows:- “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, “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. 3.3 Potential applicants should take their own independent legal advice on whether or not they require a Short Term Let licence. 4. Planning permission 4.1 In terms of the Town and Country Planning (Short Term Let Control Areas) (Scotland) Regulations 2021 the council as planning authority can establish short term let control areas. This is intended to help planning authorities manage high concentrations of short term lets where it affects the availability of residential housing or the character of a neighbourhood. In such areas planning permission will always be required for the use of a property as a short term let. At the moment there are no short term let control areas in South Lanarkshire, but that position will remain under review by the planning authority. 4.2 Outside of a control area the introduction of a short term let within a dwelling house may involve a material change of use requiring planning permission. This is determined on a case by case basis. Hosts and Operators should engage with the council’s Planning Service before submitting an application for a licence to find out if planning permission is needed. This may involve the submission of an application for a certificate of lawfulness. If required the planning permission or certificate of lawfulness must be provided with your application. 19
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5. Fees 5.1 Licensing authorities are required to charge fees in relation to the processing and determination of license applications and associated matters. They must ensure that the fees are sufficient to cover the expenses of administering the process. The fees will be reviewed annually by the Council as part of its annual review of fees and charges. The current fees for the three year duration of the licence are as follows however this may increase annually and the Council’s website will confirm the updated fees for each application:- Type of licence Application/Temp orary/ Renewal/Variation Fee (occupancy of 1 or 2 persons) £ Application/Temp orary/ Renewal/Variation Fee (occupancy of 3 to 6 persons) £ Application/Temp orary/ Renewal/Variation Fee (occupancy of 7 to 10 persons) £ Application/Temp orary/ Renewal/Variation Fee (occupancy of 11 persons and above £ Second ary Letting £381.43 £572.14 £699.29 £953.58 Home Letting £317.86 £476.79 £572.14 £794.65 Home Sharing £317.86 £476.79 £572.14 £794.65 Home Letting and Home Sharing £317.86 £476.79 £572.14 £794.65 • Provisional Licence - £200 • Confirmation of Provisional licence – The above fees minus £200 already paid for Provisional Licence • Transfer of a Licence or Provisional Licence - £150 • Material change - £50.85 • Duplicate Licence –£31.78 6. Application and notification process 6.1 All applicants must complete an online application form and must apply for a separate licence for each premises. Accommodation that is on a single premises requires only one licence. Where a short-term let licence application is submitted in respect of multiple accommodation on a single premises, the licensing authority may grant the licence in respect of some or all of that accommodation. The relevant documents must be provided, and the fees paid before the application can be accepted. 6.2 The application can be made by a person other than the owner of the premises but, if this is the case, the applicant must provide consent from the owner. 6.3 The applicant is required to provide a declaration to the Licensing Authority that they can comply with the mandatory and additional conditions attached to the licence. 20
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6.4 Applicants have a statutory obligation to display a notice of application stating that an application for a short term let licence has been made. The notice must be displayed suitably protected from the elements on or near to the property in a position where it can be easily read by members of the public 24 hours a day for a period of 21 days starting on the date on which the application is lodged with the council to give people a chance to object to the application. Applicants are required to submit a certificate confirming that they have complied with this requirement as soon as possible after the twenty one days has expired. 6.5 The licensing authority will give notice of each licence application it receives to:- • the Chief Constable of Police Scotland • Scottish Fire and Rescue Service • South Lanarkshire Council Planning Department • South Lanarkshire Council Building Standards Service • South Lanarkshire Council Environmental Health Service • South Lanarkshire Council Housing and Technical Resources • Elected Members for the ward in which the property is located 6.6 If an applicant has had a licence application refused by the licensing authority they cannot submit a further application within one year of the date of refusal unless there has been a material change in circumstances. Whether or not there has been a material change is to be determined by the licensing authority. 6.7 Following a licence being granted details will be recorded in the public register which is available on the council’s website. 6.8 In the event of the death of a licence holder, as is the case for other licences granted under the 1982 Act, the licence will be deemed to have been granted to the executor and will remain in force for a period of 3 months from the date of the licence holder’s death, unless previously suspended or revoked. Where the licensing authority is satisfied that it is necessary for the purpose of winding up the estate, on request, in writing, by the executor, the Licensing Authority may extend the period further. 6.9 The 2024 Order introduced Provisional Short-term Let Licence where application may be made in relation to any premises despite the fact that, at the time the application is made, the premises are yet to be, or are in the course of being, constructed for use as a short-term let. A Provisional short-term let licence is of no effect unless and until it is confirmed by the licensing authority. A provisional short- term let licence application must be accompanied by a provisional planning certificate in respect of the premises. A provisional short-term let licence is treated as revoked if it is not confirmed within 3 years after the date on which it was issued. On the application of the holder of a provisional short-term let licence, the licensing authority may extend the period mentioned above by such period as that authority considers appropriate. This applies where the licensing authority is satisfied that— • (a) completion of the construction of the premises to which the licence relates has been delayed, and • (b) the delay has been caused by factors outwith the provisional short-term let licence holder’s control. A provisional planning certificate is a certificate signed on behalf of the appropriate authority and stating— 21
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• (a) that planning permission, planning permission in principle or outline planning permission under the Town and Country Planning (Scotland) Act 1997 has been obtained in respect of the construction of the premises, or • (b) that no such planning permission is required For the avoidance of doubt, a provisional Short Term Let licence cannot be renewed under the 1982 Act. 6.10 The 2024 Order introduced Confirmation of Provisional Short-term Let Licence. (1) The holder of a provisional short-term let licence may apply to the licensing authority which issued the provisional licence for confirmation of the licence. (2) An application under sub-paragraph (1) must be accompanied by— • (a) the provisional short-term let licence, • (b) if the provisional planning certificate which accompanied the provisional premises licence application in respect of the premises consisted of outline planning permission or planning permission in principle, a planning certificate, • (c) a building standards certificate, and • (d) such other information as the licensing authority may reasonably require. (3) Where a licensing authority receives an application under sub-paragraph (1), the authority must, where sub-paragraph (4) applies, confirm the licence. (4) This sub-paragraph applies where the licensing authority is satisfied that, following the construction of the premises, the applicant would be able to secure compliance with— • (a) the mandatory licence conditions, and • (b) the standard conditions and any further conditions under paragraph 5(1A) (5) A “planning certificate” is a certificate signed on behalf of the appropriate authority and stating— • (a) that planning permission under the Town and Country Planning (Scotland) Act 1997 in respect of any development of the subject premises in connection with their proposed use as a short-term let has been obtained, or • (b) that no such planning permission is required. (6) A “building standards certificate” is a certificate signed on behalf of the appropriate authority and stating— • (a) that a completion certificate has been accepted under section 18 of the 2003 Act in respect of any construction of the subject premises in connection with their proposed use as a short-term let, • (b) that permission for the temporary occupation or use of the premises has been granted under section 21(3) of the 2003 Act, or (c) that no such completion certificate or permission is required. (7) In this paragraph— “the 2003 Act” means the Building (Scotland) Act 2003, “appropriate authority” means— • (a) in relation to a planning certificate or provisional planning certificate, the planning authority (within the meaning of the Planning (Scotland) Act 1997) for the area in which the subject premises are situated, • (b) in relation to a building standards certificate, the local authority for that area. 6.11 The 2024 Order introduced a Transfer of Short-term Let Licence application. 22
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(1) A short-term let licence holder may apply to the appropriate licensing authority for the transfer of the licence to such person as is specified in the application. (2) In this paragraph— • (a) an application under sub-paragraph (1) is referred to as a “transfer application”, and • (b) the person to whom the licence is to be transferred under a transfer application is referred to as the “transferee”. (3) A transfer application must be accompanied by— • (a) the short-term let licence to which the application relates or, if that is not possible, a statement of the reasons for failure to produce the licence, • (b) where the applicant is not the owner of the premises or the land on which the premises are located— (i) the name and address of the owner (or, as the case may be, each owner), and (ii) a declaration from the owner (or, as the case may be, each owner), or a person authorised to act on their behalf, that they consent to the application, • (c) where the applicant shares ownership of the premises or the land on which the premises are located— (i) the name and address of each other owner, and (ii) a declaration from each other owner, or a person authorised to act on their behalf, that they consent to the application, • (d) where the short-term let licence is held in joint names— (i) the name and address of each licence holder, and (ii) a declaration from each licence holder, or a person authorised to act on their behalf, that they consent to the application, • (e) such other information as the licensing authority may reasonably require. (4) Where a licensing authority receives a transfer application, the licensing authority must give notice of it, together with a copy of the application, to the chief constable. (5) The chief constable may, within 28 days of the date of receipt of a notice under sub-paragraph (4), make objections or representations to the licensing authority in relation to the transfer application. 7. Objections and representations 7.1 Objections and representations can be lodged within 21 days from the date when the application was received by the licensing authority or the date when the Site Notice was put up, whichever is the later. 7.2 Anyone can submit an object or a representation. Objections or representations must specify the grounds for the objection or the details of the representation and must be 23
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in writing (e-mail is acceptable) and must specify the name and address of the person making it and be signed by them or on their behalf. 7.3 The objection or representation will be copied to the applicant for comment. 7.4 Late objections or representations may be considered but only if the licensing authority considers that there is sufficient reason why the objection or representation was not made in time. 8. Application checks 8.1 The licensing authority will consider each application on its own merits. 8.2 The licensing authority will seek additional information from the applicant as part of the application process and will consider all relevant information including information from the statutory consultees, Police Scotland and Scottish Fire and Rescue Service, and will visit premises where required 8.3 Every individual named on the application will be subject to a fit and proper person test. This test will also be undertaken in respect of individuals who are connected to the party making the application. E.g. Director of the company or the Partners in a partnership. Where the day-to-day management of the premises is undertaken by another party, that party will also be subject to a fit and proper person test. 9. Licence duration and renewal 9.1 The licensing authority may grant a licence for a period of up to 3 years, after which it must be renewed. The duration and expiry date will be specified on the licence together with the unique licence number. The duration applies from the date on which the licence comes into force. 9.2 Where an application is made to renew a licence, the licence will continue to have effect until such a time as a decision is made on the renewal. The licensing authority intends to grant a renewal for a period of up to 3 years. . 9.3 During the period of a licence the licensing authority may require sight of relevant documentation or make visits in order to ensure compliance. 9.4 Renewal applications will be dealt with in accordance with the timeframe set down in the 1982 Act, i.e. a decision will be given no later than 9 months after application is received. 10. Conditions attaching to licences 10.1 The Order sets out a number of mandatory licence conditions which apply to all short terms lets. A list of these conditions can be found at Appendix 1. 10.2 In addition to the mandatory conditions a licensing authority may impose additional conditions. There are currently no additional conditions imposed by the licensing authority and this will be kept under review. However, there have been instances where the Licensing Committee have granted an application with additional conditions attached having taken into account the circumstances of the premises. 24
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11. Temporary exemptions 11.1 In terms of the Order the licensing authority may grant temporary exemptions. The licensing authority does not intend to do so. This position will be reviewed as part of the review of the policy, at least every three years. 12. Temporary licences 12.1 The licensing authority has the power to grant temporary licences for a period of up to 6 weeks. The licensing authority will consult with Police Scotland and Scottish Fire and Rescue Service. 12.2 Any host or operator granted a temporary licence will be expected to adhere to all mandatory and additional conditions. 12.3 A temporary licence is not capable of being renewed but, where the holder of or the applicant for a temporary licence has also made an application for a licence in respect of the same activity, the temporary licence, if granted, shall continue to have effect until the full licence application is determined. 13. Occupancy capacity 13.1 It is a condition of all licences that the licence holder must ensure that the number of guests does not exceed the number specified on the licence. 14. Variation of licence 14.1 At any time the licensing authority, whether or not upon an application made to them by the holder of the licence, may vary the terms on any ground it thinks fit. There is no requirement to advertise the variation but the licensing authority will consult with the statutory consultees detailed at paragraph 6.5 above. 15. Complaints 15.1 Complaints from guests should be raised with the host or operator initially. If the matter is unresolved or of sufficient concern it may be raised with the licensing authority. 15.2 A complaint must be relevant to matters which the council will consider in terms of the regulatory framework for the licensing of Short Term Lets. Complaints may relate to:- • Whether the host or operator is a fit and proper person • Public order, public nuisance, or public safety • Breach of a licence condition 15.2 The licensing authority will seek to resolve complaints through engagement with the host or operator. If this is not successful then enforcement may be considered in terms of paragraphs 17 and 18 below. 16. Compliance and enforcement 16.1 On or after 1 October 2022, it was a criminal offence for any person to continue to operate after their licence application has been determined and refused. 25
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16.2 All short-term lets in Scotland needed to be licensed by 1 January 2025. On or after 1 January 2025 operating without a licence became unlawful in all cases. 16.3 Operating without a licence is a criminal offence. 16.4 It is an offence for an applicant to provide false or misleading information on the licence application form. 16.5 Enforcement on any matter which is within the remit of the licensing authority will be carried out in accordance with paragraph 18 below and the South Lanarkshire Enforcement Concordat for licences in terms of the Civic Government (Scotland) Act 1982 (as amended) Enforcement Concordat which can be found on South Lanarkshire Council’s website here Licensing enforcement concordat - civic licensing Alcohol licences - South Lanarkshire Council 17. Review of licence 17.1 A licence may be reviewed at any time, whether a complaint has been received or not. A review will include consideration being given to the suspension, revocation, or variation of a licence or alternatively to the issue of a written warning. 17.2 The licensing authority may order suspension or revocation where:- • the holder of the licence or, where the holder is not a natural person, any director of it or partner in it or any other person responsible for its management, is not or is no longer a fit and proper person to hold the licence; • the activity to which the licence relates is being managed by or carried on for the benefit of a person, other than the licence holder, who would have been refused the grant or renewal of the licence. • the carrying on of the activity to which the licence relates has caused, is causing or is likely to cause undue public nuisance or a threat to public order or public safety; • a condition of the licence has been contravened 17.3 The licensing authority may 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 likely to cause a serious threat to public order or public safety. This may be on the receipt of information from Police Scotland or Scottish Fire and Rescue Service. Following immediate suspension the licence holder will be given an opportunity to attend a hearing before the Licensing Committee within 6 weeks in order to determine further action, that is whether to suspend further, revoke or take no further action. 18. Decision making and delegation of licensing functions 18.1 It is the council’s intention to provide a speedy, efficient and cost effective service to all parties involved in the licensing process. 18.2 Decisions on licensing matters will be taken in accordance with the Council’s Scheme of Delegation aimed at ensuring timely, efficient and cost effective decision making. The scheme sets out decisions which may be made by the Head of Administration and Legal Service or his/her staff. 26
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18.3 The licensing authority will determine each application on its own merits. 18.4 Where applicants have received a valid objection the application will be considered by the local authority Licensing Committee at a hearing to consider and determine the application and to which the applicant and the objector will be invited. 18.5 The grounds for refusal of a licence are set out in Paragraph 5(3) of Schedule 1 to the 1982 Act, details of which can be found in appendix 3. 19. Right of appeal 19.1 The applicant has the right of appeal to the Sheriff Court. This relates to appeal in respect of decision of the Council in respect of a Short Term Let. The applicant should appeal by way of summary application within 28 days from the date of the decision. The applicant has a right to ask for a Statement of Reasons within 21 days of the decision. The Licensing Authority must issue the Statement of Reasons within 10 days from receipt of the request for the Statement of Reasons. 20. Review 20.1 This Policy will be reviewed on a regular basis, at least 3 yearly, but the Head of Administration and Legal Services will be authorised to make minor and/or technical changes to this Policy as they consider are required in between such reviews, including to reflect changes in the law. 27
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Appendix 1 - Mandatory licence conditions Agents 1. Only those named as a holder of the licence can carry out the day to day management of the short-term let of the premises. Type of licence 2. The holder of the licence may only offer the type of short-term let for which the licence has been granted. Fire safety 3. The holder of the licence must ensure the premises has satisfactory equipment installed for detecting, and for giving warning of a) fire or suspected fire, and b) the presence of carbon monoxide in a concentration that is hazardous to health 4. The holder of the licence must keep records showing that all upholstered furnishings and mattresses within the parts of the premises which are for guest use, or to which the guests are otherwise permitted to have access, comply with the Furniture and Furnishings (Fire Safety) Regulations 1988(1). Gas safety 5. Where the premises has a gas supply— a) the holder of the licence must arrange for an annual gas safety inspection of all gas pipes, flues, and appliances in the premises, b) if, after an annual inspection, any appliance does not meet the required safety standard, the holder of the licence must not allow a short-term let of the premises until the works necessary to bring the appliance to the required safety standard have been carried out. Electrical safety 6. Where there are electrical fittings or items within the parts of the premises which are for guest use, or to which the guests are permitted to have access, the holder of the licence must— (a) ensure that any electrical fittings and items are in— (i) a reasonable state of repair, and (ii) proper and safe working order, (b) arrange for an electrical safety inspection to be carried out by a competent person at least every five years or more frequently if directed by the competent person, 28
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(c) ensure that, following an electrical safety inspection, the competent person produces an Electrical Installation Condition Report on any fixed installations, (d) arrange for a competent person to— (i) produce a Portable Appliance Testing Report on moveable appliances to which a guest has access, and (ii) date label and sign all moveable appliances which have been inspected. 7. In determining who is competent, the holder of the licence must have regard to guidance issued by the Scottish Ministers under section 19B(4) of the Housing (Scotland) Act 2006(2). 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(3). 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 and repair standards 10. (1) The holder of the licence must take all reasonable steps to ensure the premises are safe for residential use. (2) Where the premises are subject to the requirements of Chapter 4 of Part 1 of the Housing (Scotland) Act 2006, the holder of the licence must ensure that the premises meet the repairing standard. Maximum occupancy 11. The licence holder must ensure that the number of guests residing on the premises does not exceed the number specified in the licence. Information to be displayed 12. The holder of the licence must make the following information available within the premises in a place where it is accessible to all guests— (a) a certified copy of the licence and the licence conditions, (b) fire, gas, and electrical safety information, (c) details of how to summon the assistance of emergency services, (d) a copy of the gas safety report, (e) a copy of the Electrical Installation Condition Report, and (f) a copy of the Portable Appliance Testing Report. 29
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(g) instructions as to what guests should do in the event that the carbon monoxide alarm sounds (h) if there is a mobile gas cabinet heater in the premises, safety instructions as to the operation and movement of that mobile heater 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. 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. 30
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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— () the effectiveness of any flue, () the supply of combustion air, () subject to head (iv), its operating pressure or heat input or, where necessary, both, () if it is not reasonably practicable to examine its operating pressure or heat input (or, where necessary, both), its combustion performance, () its operation so as to ensure its safe functioning, (g) the name and signature of the individual carrying out the check, and 31
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(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, “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, “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. 32
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Appendix 2 - Additional licence conditions a) The licence holder must ensure that advice to guests on action to be taken in the event of an emergency or complaint is clearly and prominently displayed within the accommodation. b) To secure and maintain public order and safety and to prevent undue public nui- sance, the licence holder must have in place, so far as is reasonably practicable, arrangements, (such as the provision of keys or other means of entry and egress) which at all times permits the quiet and orderly entry to, and egress from, the li- censed property by any persons occupying the said property as a STL. c) The licence holder must make the licence, including any conditions, available to guests within the accommodation where it can be conveniently read. d) The licence holder must take reasonable steps to manage the accommodation in such a way as to prevent and deal effectively with any anti-social behaviour by guests while in the STL or any shared areas and while entering or leaving the ac- commodation or any shared areas. e) The licence holder must take all reasonable steps to manage the premises in such a way as to prevent undue nuisance to neighbours. The licence holder must have due regard to the privacy and security of neighbours. The licence holder must ensure: • Any particular rules applying to shared areas and entrances are communicated to guests. • Guests understand that shared doors should be quietly and securely closed after use. e) An emergency contact telephone number for the licence holder and/or management shall be available and notified to the Council for 24-hour contact purposes for emergencies or antisocial behaviour from the accommodation 33
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Appendix 3 - Statutory Grounds for refusal of an application Paragraph 5(3) of Schedule 1 to the Civic Government (Scotland) Act 1982 A licensing authority shall refuse an application to grant or renew a licence if, in their opinion (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. 34
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Appendix 2 Short Term Let Licence Policy Review 2025 Consultation Questions and Responses Question Response A Temporary Exemption is whereby a licensing authority may, on application made to it, grant an exemption from the requirement to obtain a Short Term Let licence in relation to a specified property or properties and during a specified period (which must not exceed 6 weeks in any period of 12 months). Question - do you think these should be available? Yes/No 16 said no 3 said yes Planning said no - this could result in issues with the compliance with general planning policy and the licensing regime. Especially when considering that a planning use is defined as when a land use exceeds 28 days, rather than ‘6 weeks in any period of 12 months. The key aspect from the perspective of the planning authority is to ensure that licensing policy complies with and does not conflict with our approach and procedure for the planning assessment of short-term lets, especially in terms of when it constitutes a ‘material change of use’ especially in regard to flatted dwellings, and dwellinghouses with five or more bedrooms. If yes, in what circumstances should Temporary Exemptions be available? a) During a special event of local or national significance b) During a festival c) Other (please specify below) a) During a special event of local or national significance - 3 b) During a festival - 1 c) Other (please specify below) – 0 What conditions should be applied specifically to temporary exemptions if approved? Association of Scotland’s Self-Caterers (ASSC) said – The same that apply to existing short term lets. Anything 3 35
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less would critically undermine the entire purpose of licensing Anonymous said - On one hand this makes a mockery of the whole STL licensing scheme and its premise. However without a temporary exemption, you will be doing Scotland a disfavour, during special events, which due to the STL regime, has limited the availability of STL's, which might be more suitable than hotels. Is there a way you could only allow temporary exemptions for premises which you have inspected to see if they are safe, rather than go down the whole STL route - more like a registration scheme for those who only offer temporary accommodation during such events? It is a thorny issue. As a host with a STL license, it is also galling to see so many unlicensed premises still being advertised, and participants of events seeking cheap, accommodation by the back door e.g. for the Edinburgh festival. This is especially galling after all the significant expense and effort to be compliant by those who are registered. A wholly more pragmatic approach is needed. Register first, then apply a graded level of STL license according to usage pattern. Thinking about the current mandatory conditions in force for short term let licences, do you think any other additional conditions should be included?) Yes/No Yes 14 (only 3 however chose from the recommended conditions to be included as below. No other suggestions for additional conditions were received) No 4 If yes, what should those be? a) The licence holder must ensure that advice to guests on action to be taken in the event of an emergency or 3 people chose all of the below 36
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complaint is clearly and prominently displayed within the accommodation. b) To secure and maintain public order and safety and to prevent undue public nuisance, the licence holder must have in place, so far as is reasonably practicable, arrangements, (such as the provision of keys or other means of entry and egress) which at all times permits the quiet and orderly entry to, and egress from, the licensed property by any persons occupying the said property as a STL. c) The licence holder must make the licence, including any conditions, available to guests within the accommodation where it can be conveniently read. d) The licence holder must take reasonable steps to manage the accommodation in such a way as to prevent and deal effectively with any anti-social behaviour by guests while in the STL or any shared areas and while entering or leaving the accommodation or any shared areas. 5 The licence holder must take all reasonable steps to manage the premises in such a way as to prevent undue nuisance to neighbours. The licence holder must have due regard to the privacy and security of neighbours. The licence holder must ensure: • Any particular rules applying to shared areas and entrances are communicated to guests. • Guests understand that shared doors should be quietly and securely closed after use. e) An emergency contact telephone number for the licence holder and/or management shall be available and notified to the Council for 24-hour contact 37
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purposes for emergencies or antisocial behaviour from the accommodation f) Other: Detail any other suggestions below. - For any other comments on the existing policy please specify the sections within the policy in which they relate to Planning said - It is important to note that while short- term lets are defined within licensing legislation, whether a short-term let constitutes a ‘material change of use’ and therefore a planning application is more complex, and requires a case-by-case assessment. When a short- term let does constitute as a ‘material change of use’ it is classified as a ‘sui generis’ use class that always requires planning permission of a change of use. It should also be noted that if the property has been used as a short-term let for more than 10 years, and no enforcement action has been taken against the use within this timeframe, a certificate of lawfulness application could be submitted by the host/operator. Furthermore, if the applicant deems that the usage of the property as a short-term let does not constitute a material change of use, the host/operator can also submit a certificate of lawfulness application. Anonymous said - The existing mandatory regulations must be policed and enforced. ASSC said - Section 9: Licence Duration and Renewal. At present, South Lanarkshire Council’s policy on this issue is as follows: 1. “9.1 The licensing authority may grant a licence for a period of up to 3 years, after which it must be renewed. The duration and expiry date will be specified on the licence together with the unique licence number. The duration applies from the date on which the licence comes into force. 38
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2. 9.2 Where an application is made to renew a licence, the licence will continue to have effect until such a time as a decision is made on the renewal. The licensing authority intends to grant a renewal for a period of up to 3 years. 3. 9.3 During the period of a licence the licensing authority may require sight of relevant documentation or make visits in order to ensure compliance. 4. 9.4 Renewal applications will be dealt with in accordance with the timeframe set down in the 1982 Act, i.e. a decision will be given no later than 9 months after application is received.” 5. However, we argue that this should be reformed to follow the approach taken by North Ayrshire Council which has adopted a pragmatic and proportionate approach to licence renewals by moving away from repeated fixed-term renewals and instead granting renewed licences without limit of time, subject to a recurring fee payable every ten years. This model maintains regulatory oversight while significantly reducing administrative burden for both the Council and compliant licence holders. 6. Under this approach, when an STL licence is renewed, the licence continues indefinitely rather than expiring after a further three-year period. A licence condition is applied requiring the payment of a recurring fee at ten- year intervals, starting at the point of renewal and then every ten years thereafter. The amount of each recurring payment is set at the level of the renewal fee that would apply at that time, ensuring that fees remain aligned with current costs and policy priorities rather than being fixed long-term. 39
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7. This system delivers clear benefits in terms of efficiencies. For the Council, it removes the need to repeatedly process full renewal applications for well-run, compliant properties, freeing officer time and resources to focus on enforcement, complaints etc. For licence holders, it provides certainty and reduces unnecessary bureaucracy, while still ensuring that financial contributions toward the licensing system are made on a regular and predictable basis. 8. Moreover, North Ayrshire retains full powers to review, suspend, or revoke licences at any time where licence conditions are breached, complaints are upheld, or safety standards are not met. The recurring fee condition is enforceable, and failure to pay the fee when due can result in revocation of the licence. 9. For South Lanarkshire Council, adopting a similar ten- year recurring fee model would align with the principles of proportionality, efficiency, and better regulation embedded in Scottish licensing policy. It would reduce avoidable administrative workload, provide financial sustainability for the licensing regime, and demonstrate support for compliant operators, while retaining robust enforcement tools. 10. In summary, North Ayrshire’s approach offers a balanced model that safeguards public safety, ensures ongoing cost recovery, and streamlines licensing administration. South Lanarkshire Council could reasonably adopt this model as a best-practice example within the existing legislative framework for short-term let licensing. South Lanarkshire Licensing Team have confirmed with North Ayrshire that the above no longer applies as they 40
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have reviewed their policy which is renewal every 3 years now. 41
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Appendix 3 Short Term Let Licensing - Additional licence conditions a) The licence holder must ensure that advice to guests on action to be taken in the event of an emergency or complaint is clearly and prominently displayed within the accommodation. b) To secure and maintain public order and safety and to prevent undue public nuisance, the licence holder must have in place, so far as is reasonably practicable, arrangements, (such as the provision of keys or other means of entry and egress) which at all times permits the quiet and orderly entry to, and egress from, the licensed property by any persons occupying the said property as a STL. c) The licence holder must make the licence, including any conditions, available to guests within the accommodation where it can be conveniently read. d) The licence holder must take reasonable steps to manage the accommodation in such a way as to prevent and deal effectively with any anti-social behaviour by guests while in the STL or any shared areas and while entering or leaving the accommodation or any shared areas. e) The licence holder must take all reasonable steps to manage the premises in such a way as to prevent undue nuisance to neighbours. The licence holder must have due regard to the privacy and security of neighbours. The licence holder must ensure: • Any particular rules applying to shared areas and entrances are communicated to guests. • Guests understand that shared doors should be quietly and securely closed after use. e) An emergency contact telephone number for the licence holder and/or management shall be available and notified to the Council for 24-hour contact purposes for emergencies or antisocial behaviour from the accommodation 3 43
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