Agenda Document Pack - Licensing Committee - 04/09/2024
Moray Council · 4 September 2024
Back to Licensing Committee — 4 September 2024 and its agenda
Text extracted from the council's PDF. Layout and reading order may differ from the original.
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Licensing Committee Wednesday, 04 September 2024 NOTICE IS HEREBY GIVEN that a Meeting of the Licensing Committee is to be held at Council Chambers, Council Office, High Street, Elgin, IV30 1BX on Wednesday, 04 September 2024 at 09:30. BUSINESS 1. Sederunt 2. Declaration of Group Decisions and Members Interests * 3. Resolution Consider, and if so decide, adopt the following resolution: "That under Section 50A (4) and (5) of the Local Government (Scotland) Act 1973, as amended, the public and media representatives be excluded from the meeting for Item 7 of business on the grounds that it involves the likely disclosure of exempt information of the class described in the relevant Paragraphs of Part 1 of Schedule 7A of the Act.” 4. Minute of the meeting held 19 June 2024 5 - 10 5. Written Questions ** 6. Short Term Lets Report by Depute Chief Executive (Education, Communities and Organisational Development) 11 - 92 Item(s) which the Committee may wish to consider with the Press and Public excluded Page 1
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7. Grant of a Private Hire Operator Licence - Case No. PHO- 24-001 [Para 14] • 14. Information relating to action taken, or to be taken, in connection with the prevention, investigation or prosecution of crime. Page 2
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GUIDANCE NOTES * Declaration of Group Decisions and Members Interests - The Chair of the meeting shall seek declarations from any individual or political group at the beginning of a meeting whether any prior decision has been reached on how the individual or members of the group will vote on any item(s) of business on the Agenda, and if so on which item(s). A prior decision shall be one that the individual or the group deems to be mandatory on the individual or the group members such that the individual or the group members will be subject to sanctions should they not vote in accordance with the prior decision. Any such prior decisions will be recorded in the Minute of the meeting. ** Written Questions - Any Member can put one written question about any relevant and competent business within the specified remits not already on the agenda, to the Chair provided it is received by the Proper Officer or Committee Services by 12 noon two working days prior to the day of the meeting. A copy of any written answer provided by the Chair will be tabled at the start of the relevant section of the meeting. The Member who has put the question may, after the answer has been given, ask one supplementary question directly related to the subject matter, but no discussion will be allowed. No supplementary question can be put or answered more than 10 minutes after the Council has started on the relevant item of business, except with the consent of the Chair. If a Member does not have the opportunity to put a supplementary question because no time remains, then he or she can submit it in writing to the Proper Officer who will arrange for a written answer to be provided within 7 working days. Page 3
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THE MORAY COUNCIL Licensing Committee SEDERUNT Councillor Paul McBain (Chair) Councillor Peter Bloomfield (Depute Chair) Councillor James Allan (Member) Councillor Neil Cameron (Member) Councillor Tracy Colyer (Member) Councillor Theresa Coull (Member) Councillor John Divers (Member) Councillor Jérémie Fernandes (Member) Councillor Donald Gatt (Member) Councillor Juli Harris (Member) Councillor Kathleen Robertson (Member) Councillor Ben Williams (Member) Clerk Name: Lindsey Robinson Clerk Telephone: 07966 120593 Clerk Email: committee.services@moray.gov.uk Page 4
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MORAY COUNCIL Minute of Meeting of the Licensing Committee Wednesday, 19 June 2024 Council Chambers, Council Office, High Street, Elgin, IV30 1BX PRESENT Councillor James Allan, Councillor Peter Bloomfield, Councillor Neil Cameron, Councillor Tracy Colyer, Councillor Theresa Coull, Councillor Jérémie Fernandes, Councillor Donald Gatt, Councillor Juli Harris, Councillor Paul McBain, Councillor Kathleen Robertson, Councillor Ben Williams APOLOGIES Councillor John Divers, Councillor Graham Leadbitter IN ATTENDANCE Sean Hoath, Senior Solicitor, Jennifer Smith, Legal Advisor, Lissa Rowan, Committee Services Officer, all Moray Council and PC Gary Forbes, Police Scotland. 1 Chair Councillor Paul McBain, being Chair of the Licensing Committee, chaired the meeting. 2 Declaration of Group Decisions and Members Interests In terms of Standing Order 21 and 23 and the Councillors’ Code of Conduct, there were no declarations from Group Leaders or Spokespersons in regard to any prior decisions taken on how Members will vote on any item on the agenda or any declarations of Member’s interests in respect of any item on the agenda. 3 Resolution The Meeting resolved that under Section 50A (4) and (5) of the Local Government (Scotland) Act 1973, as amended, the public and media representatives be excluded from the meeting for Items 7, 8 and 9 of business on the grounds that they involve the likely disclosure of exempt information of the class described in the relevant Paragraphs of Part 1 of Schedule 7A of the Act. Paragraph Number of Minute Paragraph Number of Schedule 7a and Reason 9 14 - Information relating to any action taken in connection with the prevention, investigation, or prosecution of crime. Item 4. Page 5
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10 14 - Information relating to any action taken in connection with the prevention, investigation, or prosecution of crime. 4 Minute of meeting dated 15 November 2023 The Minute of the meeting of the Licensing Committee held on 19 June 2024 was submitted and approved. 5 Written Questions The Committee noted that no written questions had been asked. 6 Civic Government (Scotland) Act 1982 - Annual Functions Report A report by the Depute Chief Executive (Education, Communities and Organisational Development) sought approval from the Committee to publish the final Annual Functions report which incorporates a report from the Licensing Standards Officer. Following consideration, the Committee unanimously agreed to note the draft Annual Functions Report as set out at Appendix 1 of the report and agreed that the final report be published. 7 Civic Government Licensing Annual Review of Income and Expenditure A report by the Depute Chief Executive (Education, Communities and Organisational Development) provided the Committee with an update on the overall income versus expenditure for civic and other related licensing for the last financial year by way of an annual financial report. Following consideration, the Committee unanimously agreed to: i. note the current fees as set out in Appendix 1 of the report; ii. note the financial report on income and expenditure data as set out in Appendix 2 of the report; iii. publish the financial report; and iv. note that a full review of license fees set by the Committee is underway and will come back to Committee for review in due course. 8 Application for Grant of a Short-Term Let License - Case No STL 24 001 The meeting had before it a report by the Depute Chief Executive (Education, Communities and Organisational Development) asking the Committee to consider an application for the grant of a short-term let license received on 4 August 2023 which is subject to objections received from the public. Page 6
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On the invitation from the Chair, the Applicant and person making a representation identified themselves to the Committee. Mrs Smith, Legal Adviser introduced the report and confirmed the legal advice was that the persons objecting had included reasons which were not relevant in terms of the legislation and should be disregarded. Specifically these were: • restrictions on the title deeds of the property; • possibility of increased noise levels; • granting of a short-term license would set a precedent; and • potential disruption. The Chair sought agreement from the Committee that it was happy to proceed to consider the case. This was agreed. On the invitation of the Chair, one person objecting to the application confirmed that he had authority to represent all objectors and so outlined his reasons for objecting and answered questions directed to him from the Committee. On the invitation of the Chair, the applicant and her authorised representative outlined their reasons for applying for the license, addressed the objections raised and answered questions directed to them from the Committee. Councillor Gatt noted the suggested conditions resulting from the mediation session conducted by the Licensing Officer and moved that the Committee grant the license subject to the conditions suggested by the Licensing Officer, the finer detail of which to be delegated to the Legal Adviser. Councillor Bloomfield seconded this. Councillor Fernandes, having considered the application in detail was of the view that the location of the short-term let was not suitable due to its character and moved as an amendment that the Committee refuse to grant the license for this reason. Councillor Harris seconded this. On a division there voted: For the Motion (7): Councillors Gatt, Bloomfield, Allan, Colyer, McBain, Robertson and Williams For the Amendment (4): Councillors Fernandes, Harris, Cameron and Coull Abstentions (0): Nil Accordingly, the motion became the finding of the Committee, and it was agreed to grant the license subject to the conditions suggested by the Licensing Officer, the finer detail of which be delegated to the Legal Adviser. 9 Antisocial Behaviour Etc (Scotland) Act 2004, Part 8 Registration of Private Landlords (Case No LR 24 001) [Para 14] The meeting had before it a report by the Depute Chief Executive (Economy, Environment and Finance) informing the Committee of an objection from Police Scotland to a landlord continuing to be registered as a private landlord under the requirements of the Antisocial Behaviour etc (Scotland) Act 2004. Page 7
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Mrs Smith, Legal Adviser, introduced the report and advised that the Applicant had been sent all of the paperwork and details of the meeting. The Committee noted that the Applicant was not in attendance. PC Gary Forbes represented the Chief Constable. The Committee were of the view that, in the circumstances, the Applicant had been given a reasonable opportunity to attend the hearing and resolved to proceed with the hearing in their absence. The Chair then asked PC Forbes if he had anything to add to the representation from the Chief Constable. PC Forbes advised that he had nothing to add at this time. Councillor Bloomfield moved that in light of the evidence the Committee remove the registration from the private landlord register as the Applicant is not a fit and proper person to have a place on the register. There being no-one otherwise minded, the Committee unanimously agreed to remove the registration from the private landlord register as the Applicant is not a fit and proper person to have a place on the register. 10 Application for Grant of a Street Trader's License (Case No ST 24 001) [Para 14] A report by the Depute Chief Executive (Education, Communities and Organisational Development) asked the Committee to consider an application for the grant of a street trader's license which had been received on 25 March 2024, subject to an adverse representation received from a consultee. Mrs Smith, Legal Adviser introduced the report and advised the Committee that the Applicant had been sent all of the paperwork and details of the meeting. The Committee noted that the Applicant was in attendance. PC Gary Forbes represented the Chief Constable. The Applicant confirmed her name and that she had received a copy of the Police letter. The Chair then asked PC Forbes if he had anything to add to the representation received from the Chief Constable. In response, PC Forbes advised that he had nothing to add at this time. The Chair then asked the Applicant if she had anything to add in response to the police letter to which she addressed the Committee and answered questions from Members. Councillor Cameron noted that the charge stated in the police letter had not been considered by the Crown Office and moved that the Committee defer consideration of this application until a conviction, if any, had been made. Councillor Robertson seconded this. Page 8
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Mr Hoath, Legal Adviser advised that it could be some time before the Crown Office considers the charge and assured the Committee that, should the Applicant be convicted of any crime, then she would have a legal obligation to advise the Council and the Committee could decide to review any license held at that point. On considering the advice from Mr Hoath, Councillor Colyer moved that the Committee grant the street trader's license for a period of 3 years. Councillor Bloomfield seconded this. Councillors Cameron and Robertson, being assured that any conviction would be notified to the Council by the Applicant, agreed to withdraw their motion to defer. There being no-one otherwise minded, the Committee agreed to grant the street trader's license for a period of 3 years. Page 9
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REPORT TO: LICENSING COMMITTEE ON 4 SEPTEMBER 2024 SUBJECT: CIVIC GOVERNMENT (SCOTLAND) ACT 1982 AS AMENDED BY THE CIVIC GOVERNMENT (SCOTLAND) ACT 1982 (LICENSING OF SHORT-TERM LETS) ORDER 2021 – SHORT TERM LETS BY: DEPUTE CHIEF EXECUTIVE (EDUCATION, COMMUNITIES AND ORGANISATIONAL DEVELOPMENT) 1. REASON FOR REPORT 1.1 The reason for this report is to present to the Committee for approval the documents required for the provision of two new application types, within the licensing regime for Short-term Lets (STLs) in Moray, being provisional licences and the transfer of licences as required by new amending legislation. 1.2 This report is submitted to the Committee in terms of Section III (H) (1) of the Council's Scheme of Administration relating to the exercise of the function of the Council as licensing authority for The Moray Council area. 2. RECOMMENDATION 2.1 It is recommended that the Committee:- (i) consider, amend as necessary and approve the package for each new licence type including application forms, fees and supporting documents produced at Appendix 1; and (ii) note that in accordance with the previously approved timetable for STL implementation, the statement of licensing policy will be reviewed and any revised policy presented to Committee for approval prior to October 2025. 3. BACKGROUND 3.1 The Civic Government (Scotland) Act 1982 (Licensing of Short-term Lets) Order 2024 Amendment (“the Order”) amends the existing STL licensing regime to introduce two new licence application types, being a provisional short term let licence and the transfer of a short term let licence. At the time of writing, the Order is not yet in force therefore the “implementation date” for the new licence application types is not known. However implementation is expected to be imminent so it is necessary to have relevant processes ready now to fit the Committee meeting schedule. Item 6. Page 11
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3.2 The Order requires local authorities to make consequent amendments to their existing licensing schemes to ensure the new applications are available to the public from the implementation date. This is a requirement and not an optional licence scheme. 3.3 After extensive research and development, attached at Appendix 1 is the final draft of the proposed Moray Council new application type packages for approval. The packages include application forms, guidance, fee proposals, procedure and templates. These application packages are to be placed on the licensing pages of the council’s website in time to take effect from the implementation date of the Order. Provisional Short Term Let Licence 3.4 A provisional short term let licence largely follows the existing scheme for alcohol licensing. It allows a potential operator to apply for a licence and go through the majority of the licence process before a property is built or ready for use as a short term let. This allows the operator to be relatively sure of obtaining a licence before spending the money to build or convert a property. 3.5 A provisional licence is not valid for trading unless and until it is confirmed. Confirmation is a separate process that must take place within 3 years of the provisional licence being granted. Confirmation requires additional information and additional checks and, even though unlikely, it may still be possible that a licence could be refused at confirmation stage. 3.6 Again following the liquor example and the split in the process, the fee suggested for a provisional licence application is split into an initial fee for the application and a subsequent fee for confirmation. This places less burden on applicants at the outset but the overall process and the overall fee remain in line with that of a new licence. Transfer of a Short Term Let Licence 3.7 A transfer of a short term let licence simply allows the transfer of a licence between operators so the licence can be passed between operators, for example, when a premises is sold. The Civic Government legislation was such that a transfer of any civic licence has not been possible. Therefore, up to now, when a premises had been sold the new operator was required to obtain their own STL licence before being able to trade. This envitably led to a gap in trading. 3.8 The suggested transfer fee was calculated by taking the original calculations for a new STL licence and removing the steps, and costs, related to most of the consultations. On a transfer it is still necessary to consult with Police Scotland as part of determining the suitability of the proposed operator. However the work related to determining the suitability of the premises would have already been done and therefore not need repeating. General 3.9 In addition to the licence packages it may be necessary to make small changes to the Council’s Statement of Licensing Policy. The requirement for Page 12
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changes and the reasons will only become clearer after implementation and some practical experience. Given this and the general pace of change within STLs, for now, policy changes have not been recommended. The current policy was not specifically consulted upon with the public but after practical experience over the past 12 months it is clear some changes will be required. Therefore it is proposed that the previously planned and agreed review of policy remain in place for now. It is intended that a review and proposed revisals will be presented to Committee before October 2025. 3.10 Schedule 1 to the Civic Government (Scotland) Act 1982 (“1982 Act”) sets out well established processes for licence applications. However the 1982 Act has never allowed either provisional licences or the transfer of licences so there are no established processes. The new legislation has therefore copied the established processes from the Licensing (Scotland) Act 2005 where provisional licences and transfers are both commonplace. Staff are therefore familiar with such applications and have replicated liquor processes, with suitable adaptations. 3.11 In order for the licence system to run smoothly it is necessary to have a system of delegated powers in place. It is considered the existing Scheme of Delegation is already sufficient to deal with the proposed application types. 4 SUMMARY OF IMPLICATIONS (a) Corporate Plan and 10 Year Plan (Local Outcomes Improvement Plan (LOIP)) The provisions of licensing directly relate to the priorities within the 10 Year Plan in relation to healthier citizens, a growing and diverse economy and safer communities. Licensing exists to promote public safety, in this context for both staff and customers. Industries that undertake licensable activities can have positive effects on tourism and aid a growing economy. (b) Policy and Legal The Civic Government (Scotland) Act 1982 (Licensing Of Short-Term Lets) Order 2022 provided for a new licensing regime for STLs by amending The Civic Government (Scotland) Act 1982. The scheme is now being amended by the The Civic Government (Scotland) Act 1982 (Licensing of Short-term Lets) Amendment Order 2024 to add new licence application types. (c) Financial implications The ongoing time, administration and costs associated with the implementation of this licence type and all its changes are significant. Additional resources may be required. Costs are required to be met from licence fees therefore both income and expenditure will need to be closely monitored. (d) Risk Implications The Scottish Government introduced these licence application types in response to calls from the trade to have the facilities, particularly to transfer Page 13
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licences as part of the sale of a business. This meeting is the first opportunity for the Committee to approve the application types so officers can make them available. Delays would mean complaints from licence holders who are already making enquiries about transferring licences. The application types will remain paper based as the likely application numbers will not justify the time and effort required to develop online versions. (e) Staffing Implications Currently staff time is being met from existing resources. Going forward may require an additional staff resource and this will be kept under review. (f) Property There are no property implications arising from this report. (g) Equalities/Socio Economic Impact The Scottish Government’s Equality Impact Assessment (EIA) for the Civic Government (Scotland) Act 1982 (Licensing of Short-term Lets)(Amendment) Order 2024 (available to view at: https://www.gov.scot/publications/civic- government-scotland-act-1982-licensing-short-term-lets-amendment-order- 2024-impact-assessments/ built upon the one published in December 2020 for the Short-term Let Licensing scheme. The EIA concluded that the amending legislation does not give rise to any equality issues. Therefore the conclusion is that Moray’s STL scheme does not give rise to any equality issues. Nevertheless licensing in general does have the potential to impact on equalities. The licensing authority should take cognisance of human rights issues and the rights potentially engaged. These rights include the right to a fair trial (in terms of the application process), the right to private life and the right to peaceful enjoyment of possessions. Possessions may include not only the physical property in which a business is conducted, but arguably also the goodwill of a business and all rights attached to it. Other relevant legislation such as the Provision of Services Regulation should also be considered. Regulation 24 provides that any refusals of licences under the act must not discriminate against the applicant on the basis of nationality, they must be justified on the basis of public policy, and health etc. and any refusal must be proportionate. (h) Climate Change and Biodiversity Impacts None identified. (i) Consultations Full consultation is not required by the legislation. Licensing officers have been in regular communication with the Scottish Government, officers within national groups, national officer groups, trade bodies, individuals, partners and internal consultees. Page 14
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5 CONCLUSION 5.1 The Committee is invited to consider and approve for publication the new licence application types of provisional short term let licences and the transfer of short term let licences including fees, and all documents created for the purpose, to start as soon as the implementation date is known. Author of Report: Sean Hoath Background Papers: Ref: Page 15
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Short Term Let Licences Fee Scale Type of Application Fee Short Term Let Licence (new or existing operator) £495 Temporary Short Term Let Licence £495 Copy of a licence £22 Variation (making a change) to a licence £28 Inspection of STL premises £200 Type of Application Proposed Fee* Transfer of Short-term Let Licence £285 Provisional Short-term Let Licence £200 ** Confirmation of a Short-term Let Licence £295 ** * No exemptions or reductions are proposed in respect of STLs owned/operated or hired by charities. ** Separate fees are payable to the relevant Council service(s) for Certificates that are not included in the proposed fee. Appendix 1Item 6. Page 17
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Page 1 of 11 THE CIVIC GOVERNMENT (SCOTLAND) ACT 1982 (LICENSING OF SHORT-TERM LETS) ORDER 2022 AS AMENDED APPLICATION FOR A PROVISIONAL SHORT-TERM LET LICENCE PLEASE READ GUIDANCE NOTES SUPPLIED BEFORE COMPLETING THE FORM A. APPLICANT DETAILS Tick one box only: Individual ☐ Corporate Entity ☐ A.1 Individual Details Full Name ………………………………………………………………………………………… Home Address ………………………………………………………………………………………… Post Code ……………………………………………………………………………………….. Telephone Number ………………………………………. Mobile……………………………………. If you have lived at this address for less than five years, you must provide previous addresses to cover this period here. If you need more space, use the additional information sheets provided. Email ……………………………………………………………………………………….. Date of birth ………………………………… Age ………………………………………….. Place of birth ………………………………………………………………………………………. Are you a registered landlord? YES/NO If yes, please provide your landlord registration number ………………………………………. Page 19
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Page 2 of 11 Do you hold a House In Multiple Occupation Licence? YES/NO If yes, please provide your licence reference number ………………………………………. A.2 Corporate Entity Full Name of Person completing the application …………………………………………………… Full Name of Corporate Entity …………………………………………………………….. Address of Registered or Principal OƯice …………………………………………………………….. …………………………………………………………….. Post Code …………………………………………………………….. Telephone Number …………………………………………………………….. Email …………………………………………………………….. Full details of all Directors, Partners or other persons responsible for management of the entity (continue on the additional information sheet if necessary) Full Name ………………………………….. Home Address ……………………………….. ………………………………….. Postcode ………………………………….. Telephone Number ………………………….. Mobile ………………………………….. Email ………………………………….. Date of Birth ………………………………….. Age ………………………………….. Place of Birth ………………………………….. Full Name …………………………………. Home Address ……………………………….. …………………………………. Postcode ………………………………………. Telephone Number …………………………. Mobile …………………………………………… Email ……………………………………………. Date of Birth ………………………………….. Age ……………………………………………. Place of Birth ………………………………… Full Name ………………………………….. Home Address ………………………………….. Postcode ………………………………….. Telephone Number ………………………………….. Mobile ………………………………….. Email ………………………………….. Date of Birth ………………………………….. Page 20
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Page 3 of 11 Age ………………………………….. Place of Birth ………………………………….. A.3 Joint Applicants Tick one box only: Individual ☐ Corporate Entity ☐ A.3.1 Individual Details Full Name ……………………………………………………………………………………………………. Home Address ………………………………………………………………………………………………… Post Code ……………………………………………………………………………………………………. Telephone Number ………………………………… Mobile ………………………………………… If joint applicant has lived at this address for less than five years, you must provide previous addresses to cover this period here. If you need more space, use the additional information sheets provided. Email …………………………………………………………………………………………………………….. Date of Birth ………………………………………… Age ………………………………………………….. Place of Birth ……………………………………………………………………………………………………. Is the joint applicant a registered landlord? YES/NO If yes, please provide the landlord registration number …………………………………………. Does the joint applicant hold a House In Multiple Occupation Licence? YES/NO If yes, please provide the licence reference number …………………………………………. A.3.2 Corporate Entity Full Name of Corporate Entity ……………………………………………………………………… Address of Registered or Principal OƯice ……………………………………………………………… ……………………………………………………………………… Page 21
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Page 4 of 11 Post Code ……………………………………………………………………………………………………. Telephone Number ………………………………………………………………………………………….. Email ……………………………………………………………………………………………………. Full details of all Directors, Partners or other persons responsible for management of the entity (continue on the additional information sheet if necessary) Full Name ……………………………………………………………………………………………………. Home Address ………………………………………………………………………………………………… ……………………………………………………………………………………………………. Postcode ……………………………………………………………………………………………………. Telephone Number ……………………………….. Mobile …………………………………………. Email ……………………………………………………………………………………………………. Date of Birth ……………………………….. Age ……………………………….. Place of Birth ……………………………….. Full Name ……………………………………………………………………………………………………. Home Address ………………………………………………………………………………………………… ……………………………………………………………………………………………………. Postcode ……………………………………………………………………………………………………. Telephone Number ……………………………….. Mobile …………………………………………. Email ……………………………………………………………………………………………………. Date of Birth ……………………………….. Age ……………………………….. Place of Birth ……………………………….. B. DAY TO DAY MANAGEMENT OF THE PREMISES Is the applicant/joint applicant the person who will carry out the day-to-day management of the premises? YES/NO If no, provide full details for the agent/day-to-day manager who will be responsible for the day-to-day management of the premises:- Full Name ………………………………………………………………………………………… Home Address ………………………………………………………………………………………… Page 22
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Page 5 of 11 ………………………………………………………………………………………… ………………………………………………………………………………………… Post Code ………………………………………………………………………………………… If the agent/day to day manager has lived at this address for less than five years, provide previous addresses to cover this period here. If you need more space use the additional information sheets provided. Telephone Number ……………………………………… Mobile…………………………………….. Email ………………………………………………………... Date of Birth ……………………………………………… Age ……………………………………….. Place of Birth ……………………………………………… C. OWNERSHIP OF THE PREMISES Do you/joint applicants own the land on which the premises are/will be located that you are seeking a licence for? YES/NO If yes, do you/joint applicants share ownership? YES/NO If you/joint applicants do not own/are not the sole owner(s) of the premises/land on which the premises are/will be located, please provide the full name and address of each owner/each other owner, below. If you need more space, use the additional information sheets provided. If you do not own or are not the sole owner of the premises/land on which the premises are/will be located, do you have the permission of the owner(s), each other owner(s) or, person authorised to act on behalf of the owner(s)? YES/NO Have you included a consent declaration from each owner(s)/each other owner(s) or, person authorised to act on behalf of the owner(s) with this application? YES/NO Page 23
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Page 6 of 11 D. PREVIOUS/OTHER SHORT-TERM LET LICENCE DETAILS Have you or anyone else named on this application held a short-term let licence? YES/NO If yes, please provide the licensee’s full name, name of the licensing authority who granted the licence and the type of short-term let licence held here:- Have you or anyone else named on this application ever been refused a licence? YES/NO If yes, please provide the individual’s full name, name of the licensing authority who refused the licence and the type of licence refused here:- E. PREMISES Please indicate the proposed short-term letting type you will oƯer at the premises by ticking the relevant box Secondary Letting ☐ Home Letting ☐ Home Sharing ☐ Home Letting and Home Sharing ☐ Please detail the full address of the premises including post code here:- Page 24
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Page 7 of 11 Please confirm the Moray Council Ward where the premises are located by ticking the relevant box below:- Ward 1 Speyside Glenlivet ☐ Ward 2 Keith and Cullen ☐ Ward 3 Buckie ☐ Ward 4 Fochabers Lhanbryde ☐ Ward 5 Heldon and Laich ☐ Ward 6 Elgin City North ☐ Ward 7 Elgin City South ☐ Ward 8 Forres ☐ Is the premises located within a National Park? YES/NO If yes, please confirm the National Park where the premises are located by ticking the relevant box. Cairngorms National Park ☐ Loch Lomond and Trossachs National Park ☐ E.1 Description of the Premises Please give a general description of the proposed premises (e.g. bungalow, flat, unconventional dwelling, specify number of floors etc) and enclose a detailed floor/layout plan. E.1.1 Rooms Total number of habitable rooms (include kitchen) …………………………………………. Total number of letting bedrooms …………………………………………. Total number of beds available for use by guests …………………………………………. Total number of public rooms available for use by guests i.e. lounge/dining room etc. …………………………………………. Total number of rooms used for owner/manger’s private accommodation …………………………………………. E.1.2 Catering Please indicate what accommodation you will oƯer by ticking all that apply:- Self-Catering ☐ Bed Only ☐ Bed & Breakfast ☐ Full Board ☐ Page 25
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Page 8 of 11 F. OCCUPANCY AND AVAILABILITY Total number of guests you would like to accommodate at any one time in the premises ……………………………….. Total number of adult guests you would like to accommodate at any one time in the premises ……………………………….. Total number of small children (aged under 10) guests you would like to accommodate at any one time in the premises ……………………………….. If proposed home sharing/home letting or home sharing and home letting licence types:- Total number of owner(s) family or family of person(s) managing the premises and guests at one time ……………………………….. Is the accommodation used by the owner(s) family or family of person(s) managing the premises entirely separate from the other guests accommodation? YES/NO How often do you intend to make the premises available to guests? Please tick the box that applies. Less than 3 months per year ☐ 3 to 6 months per year ☐ 6 to 9 months per year ☐ All year round ☐ Other – please describe here:- G. CRIMINAL CONVICTIONS Have you, or any other person named in this application, ever been convicted or any crime or oƯence? YES/NO Page 26
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Page 9 of 11 If yes, please provide details here:- You must provide details above of all relevant convictions (including road traƯic oƯences) recorded against you or any other person named in this application. H. RESIDENCE OUTSIDE THE UK Since being born have you, or anyone named in this application, lived outside the UK for a continuous period of 12 months or more? YES/NO If you have answered yes, please provide details of all the countries in which you, or anyone named in this application, have lived. Please continue on the additional information sheet if required. Country of Residence………………………………From ............................To…………………. Country of Residence………………………………From ............................To…………………. Country of Residence………………………………From ............................To…………………. Country of Residence………………………………From ............................To…………………. For each country you, or anyone named in this application, have lived in the last 10 years you are required to provide a Criminal Record Check. Please see the Guidance Notes for further information about the documentation you must provide. I. DECLARATION I declare that I shall, for a period of 21 days, display at or near the premises mentioned in Section E so that it can be conveniently read by the public, a notice complying with the requirements of Paragraph 2(2) of the Civic Government (Scotland) Act 1982. The Licensing Team will send you a form for this purpose and you must submit a Certificate of Compliance to the Council at the end of the notice period. Signature of applicant ………………………. Date…………………………… Signature of joint applicant ……………………………. Date ………………………………………. Or Signature of Agent on behalf of Applicant(s) ………………………… Date……………………… Agents Address …………………………………………………… Page 27
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Page 10 of 11 I declare that the particulars given by me on this form are true and I hereby make application to Moray Council for the grant of a provisional short-term let licence. Signature of applicant ………………………………………. Date……………………………. Signature of joint applicant ………………………………….. Date……………………………………. Or Signature of Agent on behalf of applicant (s)………………………………….. Date……………………… Agents Address ………………………………………….. NB. It is an offence for any person to make any statement which they know to be false in this application or in connection with the making of this application Checklist I have enclosed the following documents with this application – please tick all that apply. You must enclose all mandatory documents. Mandatory Documents If Relevant Documents Floor/layout plan Owner(s) consent declaration Planning Certificate Fee of £200* * Please note separate, additional fees are payable to the Planning Service for the relevant Planning Certificate. Data Protection - Moray Council is the Data Controller for this process. Please see our Privacy Notice for information about how and why the personal information provided on this form will be used to process an application for a short-term lets licence. Page 28
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Page 11 of 11 ADDITIONAL INFORMATION SHEET Page 29
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Page 1 of 11 GUIDANCE NOTES FOR PROVISIONAL SHORT-TERM LET LICENCE APPLICANTS The Civic Government (Scotland) Act 1982 (Licensing of Short-term Lets) Order 2022 as amended Disclaimer These notes have been prepared as an outline of the licensing provisions in connection with short-term lets introduced by The Civic Government (Scotland) Act 1982 (Licensing of Short-term Lets) Order 2022 as amended. While every effort has been made to ensure accuracy, these notes are for general guidance only and do not constitute legal advice. It is the responsibility of the applicant to ensure that they comply with the provisions of the Act, any statutory instruments made thereunder, the conditions outlined in the schedule attached to your licence and any policy/guidance notes issued by Moray Council (“the Council”). Under no circumstances does the Council or their employees or agents offer legal advice or accept liability of any description, including liability for negligence for any damages or losses (including without limitation, loss of business, revenue, profits, or consequential loss) whatsoever resulting howsoever including but not limited to the use of or inability to use this information. The Council accepts no responsibility for keeping the information in these pages up to date or liability for any failure to do so. If you are in any doubt you must seek advice from a solicitor. Applicants should note that the Scottish Government has produced guidance for hosts and operators regarding licensing provisions in connection with short-term lets. INTRODUCTION The Civic Government (Scotland) Act 1982 (Licensing of Short-term Lets) Order 2022 as amended (“the Order”) requires all short-term let premises in Scotland to be licensed by the licensing authority in whose area the premises are situated. This guidance provides Page 31
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Page 2 of 11 information to applicants about how to make a provisional short-term let licence application. An application for a provisional short-term let licence can 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 eƯect unless and until it is confirmed. Further details about confirming a provisional short-term let licence can be found on the Council’s website here. DEFINITIONS “provisional short-term let licence application” – application for a provisional short- term let licence “premises” – means the accommodation which is the subject of an application for a provisional short-term let licence. HOW DO I APPLY FOR A PROVISIONAL SHORT-TERM LET LICENCE? Licences are issued by the Licensing and Regulatory Team within the Council’s Governance, Strategy and Performance Service. You will need to complete the provisional short-term let licence application form and submit this together with supporting documentation and the application fee to the Council. You can complete the application form electronically and email it to licensing@moray.gov.uk. Alternatively, you can complete a paper copy and send it to Moray Council Licensing Team, Council OƯices, High Street, Elgin, IV30 1BX. The Council will assess your suitability and that of the other people named on the application form and your compliance with planning law. The Council will also assess the suitability of the premises IF built to the specification detailed in the application and IF used as proposed. FEE You should pay the application fee online, by telephone, or by cheque made payable to the Moray Council. Full payment of the application fee should be made at the same time the completed application is submitted to the Council. A Schedule setting out all Council fees relevant to the short-term let licence scheme can be found on the Council’s website here. The fee for a provisional short-term let licence application is calculated on a cost recovery basis only. This means that, as far as possible, the fee represents the actual cost to the Council of processing the application. Once the application has been Page 32
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Page 3 of 11 processed, those costs have been incurred. If your application is refused, the fee will not be refunded or reduced. PLANNING CERTIFICATE You must enclose a provisional planning certificate with your application. A provisional planning certificate is a certificate signed on behalf of Moray Council’s Planning Service stating (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. Details about how to contact the Council’s Planning Service directly can be found on the Council’s website here. THE APPLICATION FORM The application form is split into the following 9 sections; A. Applicant details B. Day-to-Day Management of the premises C. Ownership of the premises D. Previous/Other Short-term Let Licence details E. Premises F. Occupancy and availability G. Criminal convictions H. Residence outside of the UK I. Declaration General Points on Completion You must answer all questions as fully as you can as failure to do so may result in your application being returned to you. Your application will not be processed until you have provided all the necessary information. Unless and until a valid application is received the application will not be considered to have been made at all. Check what information and supporting documentation you will need and ensure you have this before submitting your application to the Council. The application should be completed in typescript, or where by hand, in block capitals in black ink. Where the question requires a “Yes” or “No” answer please strikethrough the answer which does not apply to you. Page 33
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Page 4 of 11 Where the question asks you to tick one box only, please tick the box which indicates your answer. If you have other information relevant to your application that you wish to include or need additional space for your answers, use the “Additional Information Sheet” provided. Section A – Applicant Details Indicate whether you are applying for a licence for the premises as an individual or as a corporate entity (e.g. a company, charity or trust) by ticking one box. If you are self- employed running your own business you need to apply as an individual. You need to identify all the people who need to be named on the application form. A.1 Individual Details- If you are applying as an individual, you need to provide the following information at A.1 Individual Details; your full name; your date and place of birth; your address; your address history for last five years; and e-mail and telephone number. A.2 Corporate Entity - If you are applying as a corporate entity (e.g. a company, charity or trust) you need to provide the following information at A.2 Corporate Entity; your full name; full name of the corporate entity (if a company include the company number); the address of its registered or principal oƯice; the names, private addresses and dates and places of birth of all its directors, partners or other persons responsible for its management, including trustees in the case of charities and trusts. A.3 – Joint Applicants If you are jointly applying for a licence with another individual or company complete this section. Indicate whether the joint applicant is an individual or a corporate entity (e.g. a company, charity or trust) by ticking one box. A.3.1 Individual Details - If the joint applicant is an individual, you need to provide the following information at A.3.1 Individual Details for the joint applicant; full name; date and place of birth; address; address history for last five years; and e-mail and telephone number. Page 34
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Page 5 of 11 A.3.2 Corporate Entity - If the joint applicant is a corporate entity (e.g. a company, charity or trust) you need to provide the following information at A.3.2 Corporate Entity for the joint applicant; full name of the corporate entity (if a company include the company number); the address of its registered or principal oƯice; the names, private addresses and dates and places of birth of all its directors, partners or other persons responsible for its management, including trustees in the case of charities and trusts. Section B – Day-to-Day Management of the Premises Where you intend to appoint somebody else to manage your property, you need to provide the same details irrespective of whether you are applying as an individual or a corporate entity. If you are appointing an individual to manage your property, you need to provide the following information for the individual; full name; date and place of birth; address; address history for the last five years; and email and telephone number. If you are appointing a corporate entity (e.g. a company, charity or trust) to manage the premises, you need to provide the following information; full name of the entity (including company number if a company); the address of its registered or principal oƯice; and the full names and private addresses and dates and places of birth of all its directors, partner or other persons responsible for its management, including trustees in the case of charities or trusts. If you have a letting agency to manage the premises, then your application form should name the directors, partners or others responsible for the letting agency. You do not need to name the employees of the agency. You do not need to name everyone with any involvement in your arrangements e.g. a cleaner or other people who enter the premises are not to be named for that reason alone. Only those named as the licence holder can carry out the day to day management of the premises. Please note, after a licence is granted if you decide to make diƯerent arrangements for the day-to-day management of the premises (e.g. passing responsibility to a letting agency) you must first notify and obtain approval from Moray Council. This approval needs to be sought by way of a variation of the licence. Page 35
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Page 6 of 11 Section C – Ownership of The Premises If you do not own the premises (or the land on which the premises are located), or if you share ownership, you must have the consent of each owner (or each other owner) for the licence application. If consent is required, your application will be refused if you do not provide it. You must provide: a) a declaration from each owner of the premises (or land on which the premises are located) that they consent to the application, or b) a declaration from a person who is authorised to act on behalf of each owner of the premises (or land on which the premises are located). A style/template declaration is provided on the Council’s website here. Section D – Previous/Other Short-term Let Licence Details You need to confirm whether you or anyone else named on the application has held a short-term let licence. This includes licences issued by Moray Council and those issued by any other Scottish licensing authority. If you or anyone else named on the application has held a short-term let licence, you need to provide the licensee’s full name, name of the licensing authority who granted the licence and the type of short-term let licence held on the application form. You also need to confirm whether you or anyone else named on the application has ever been refused a licence. This includes licences refused by the Council and those refused by any other Scottish licensing authority. Section E – Premises Indicate the proposed type of short-term letting you will offer at the premises by ticking the relevant box. Secondary Letting – means the letting of premises where you do not normally live, for example, a second home. Home Letting – means using all or part of your own home (where you normally live) for short-term lets whilst you are absent, for example, whilst you are away on holiday. Home Sharing – means using all or part of your own home (where you normally live) for short-term lets whilst you are there. Home Letting and Home Sharing – means you use all or part of your own home (where you normally live) for short-term lets whilst you are living there and also for periods when you are absent. Provide the full address of the premises you are seeking a licence for including the postal code and the premises name if relevant. To confirm the Moray Council Ward where the premises are located, tick the box next to the appropriate Ward. Further details about Wards can be found on the Council’s website here. Page 36
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Page 7 of 11 You need to confirm whether or not the premises are located within a National Park by answering “yes” or “no”. If the answer is yes, please confirm the National Park where the premises are located by ticking the relevant box from the two options provided. E.1 – Description of the Premises Provide a general written description of the proposed premises. Please provide as much detail as possible. Try and write your description as though you are describing the premises to someone who does not know it at all. Describe the type of building e.g. is it detached, semi-detached, in a terrace, part of a tenement etc. Describe whether the premises is spread over a number of floors or if not state this. Describe where the premises are located e.g. in town centre, in a village, in rural/countryside location etc. Describe the type of properties surrounding the premises, e.g. residential area, commercial area, mixed residential/commercial shopping area etc. If the premises you are seeking a licence for is not a dwellinghouse but unconventional accommodation e.g. a glamping pod in a field, please describe the premises in as much detail as possible. Floor/Layout Plan You must include a detailed floor/layout plan with your application. We will accept your architect’s plans that have been created for planning purposes. If there are any changes to your floor/layout plan you must notify the licensing team immediately. If a provisional licence is granted, any changes to the proposed plans will require a variation application. E.1.1 Rooms You must detail the total number of rooms within the premises as well as the total number of letting bedrooms, total number of beds available for use by the guests, total number of public rooms available for use by the guests e.g. lounge/dining room etc. and the total number of rooms used for the owners/manager’s private accommodation. E.1.2 Catering You must confirm whether or not you intend to oƯer catering at/on the premises. Please tick all the boxes that apply to your premises. Section F – Occupancy and Availability You must detail the total number of guests you would like to accommodate at any one time in the premises as well as a breakdown of the total number of both adult and child (aged under 10) guests. It is a mandatory short-term let licence condition that hosts and operators ensure that they do not exceed the maximum number of guests for their premises. This includes making the maximum occupancy clear on adverts and listings and in booking terms and conditions. Please note, while you are asked to indicate on the application form how many guests you would like to accommodate, that number is subject to verification and confirmation. Moray Council will determine the maximum occupancy permitted in terms of the licence. If you would like more information about how Moray Council will Page 37
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Page 8 of 11 determine the maximum occupancy for short-term let licences, please see “Statement of Licensing Policy for Short-term Lets” here. You must indicate how often you intend to make the premises available to guests by ticking the box that applies to you. If the available bandings do not reflect how often your premises will be available to guests, please use the space at “other please describe” to tell the Council in words what the availability will be. G – Criminal Convictions This section asks whether you, or anyone named on the application form has ever been convicted of any crime or offence. Please note that this includes driving fixed penalties. Full details of the need to disclose convictions appear on the website. Unspent Convictions Unspent Convictions must always be disclosed. Spent convictions A spent conviction is a criminal conviction that, under the Rehabilitation of Offenders Act 1974, can be treated as “spent” after a certain length of time. Although you are not required to disclose any convictions which are “spent”, the Police may raise an objection on the basis of any spent convictions you may have and the Council may thereafter decide to consider these if they are determined to be relevant to your application. If you think a conviction is spent you should seek independent legal advice. Failure to disclose convictions is a criminal offence and any applicant failing to disclose a conviction may be reported to the Procurator Fiscal with a view to prosecution. H – Residence Outside the UK If you or anyone else named in the application have lived outside of the UK for a continuous period of 12 months or more you must provide details of all the Countries lived in. You must provide evidence of criminal history for you and anyone else named in the application. If you, or anyone else named in the application, were born in the UK but have lived in any other country within the ten years prior to your application for a continuous period of 12 months or more you must provide a Criminal Record Check for all those countries for the relevant period(s). If you, or anyone else named in the application, were born outwith the UK you must provide a Criminal Record Check from your country of origin for the time of residence there IF it was in the last 10 years, unless you, or anyone else named in the application, left that country without reaching the criminal age of responsibility. You must also provide a Criminal Record Check from any other country in which you, or anyone else named in the application, have resided for a continuous period of 6 months or more in the 10 years prior to the application. In all cases, the Criminal Record Checks provided must:- Page 38
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Page 9 of 11 have been obtained within the six months immediately prior to submitting the application; and be translated into English; and be verified by the relevant UK based Embassy or High Commission. Note: The certificate must be produced before the licence can be granted. Whilst it is desirable for the applicant to produce the certificate with the application, it is not a strict requirement. This is so any applicant having diƯiculties will not be disadvantaged by delays to processing the application. At the applicants choosing, the application can be accepted as valid without the convictions evidence but the evidence should be provided as soon as possible. In this way the convictions evidence will be a check rather than a validation. Applicants should still note, however, that the licence cannot be granted without the evidence having being produced. Therefore if the application is approaching the determination time limit without the evidence being produced, the application may be refused for failure to comply with administrative provisions. If you are experiencing diƯiculties in obtaining a certificate then please contact the licensing team to discuss your options. It may be possible to accept alternative evidence, for example: evidence of checks having been carried out by another government body; aƯidavits; or character references. In cases where it is not possible to provide any satisfactory evidence, the application will be referred to the Licensing Committee for a decision. Therefore the application may be delayed pending the outcome of a hearing. Section I – Declaration You and any joint applicants (or an agent acting on behalf of the applicant(s)) are required to sign and date the following two declarations on the application form:- 1. Display of Public Notice You and any joint applicants (or an agent acting on behalf of the applicant(s)) are required to sign declaring that you will display a public notice complying with the requirements of Paragraph 2(2) of the Civic Government (Scotland) Act 1982. You must notify the public about your licence application by displaying a site notice at or near the premises so it can be conveniently read by the public. The site notice is displayed for a period of 21 days from the date a valid application is submitted to the Council. The Council’s Licensing Team will tell you when your application is valid and send you the site and confirmation of display notices. You should display the site notice when we ask you to. Once the site notice has been displayed for a period of 21 days, you must complete the confirmation of display notice and return the confirmation together with the site notice to Moray Council at Council OƯices, High Street, Elgin, IV30 1BX. You may also wish to consider submitting additional evidence demonstrating compliance such as a time stamped photograph of the site notice in situ. Page 39
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Page 10 of 11 2. Declaration that information on the application is true You and any joint applicants (or an agent acting on behalf of the applicant(s)) are required to sign and date the application confirming that all information provided on the application form is true. If you are submitting your application electronically, you can use an electronic signature. Please note, it is an oƯence for any person to make a statement which they know to be false in the application or in connection with the making of the application. CONSULTATIONS Every person named on the application form is subject to the fit and proper person test. The Council will determine whether you, or anyone else named on the application form, is a fit and proper person to offer accommodation for short-term let in the Moray area. The Council will assess the fitness of the applicant(s) and any agents or day-to-day managers to be involved in providing short-term lets. In deciding this, Moray Council will take account of the following factors:- any relevant convictions and other relevant information obtained from Police Scotland, being disqualified from being a private landlord or having had letting agent or property factor registration revoked now or in the past, having had a licence for short-term lets or HMO revoked by any licensing authority, having had an application for short-term lets licence refused by any licensing authority; and providing false or misleading information in an application for a short-term lets licence, HMO licence or application to be a private landlord. When determining your application, the Council will consult with the following; Police Scotland Moray Council Environmental Health Service Moray Council Planning Service Moray Council Building Standards Service Public TIMESCALE FOR DETERMINATION The Council has the period of 9 months from the date a valid provisional licence application is made to consider and determine the application. If the Council fails to determine the application within the timescale set out above, the provisional licence will be deemed to have been granted unless the Council is given an extension by the Court. If the licence is deemed to have been granted it is valid for the Page 40
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Page 11 of 11 period of one year. The mandatory licence conditions that apply to all short-term lets would also apply to the deemed grant of a licence. PUBLIC REGISTER The Council is required to maintain a public register of short-term lets. The register is available to the public electronically. You can view the latest public register on the Council’s website here. Page 41
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The Civic Government (Scotland) Act 1982 (Licensing of Short-term Lets) Order 2022 as amended Provisional Short-term Let Licence Licence Holder: Agent: Premises: Maximum number of permitted occupants in premises: Licence Number: Valid Until: The Moray Council hereby authorises the Licence Holder to carry out the activities specified above, subject to compliance with the provisions of the Civic Government (Scotland) Act 1982 (Licensing of Short-term Lets) Order 2022 as amended, the Civic Government (Scotland) Act 1982. This licence is of no effect unless until it is confirmed. This licence is valid from until . Date: Head of Governance, Strategy and Performance (Monitoring Officer) Attached: Copy Floor/Layout Plan Page 43
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Page 1 of 7 THE CIVIC GOVERNMENT (SCOTLAND) ACT 1982 (LICENSING OF SHORT-TERM LETS) ORDER 2022 AS AMENDED APPLICATION FOR CONFIRMATION OF A PROVISIONAL SHORT-TERM LET LICENCE PLEASE READ THE GUIDANCE NOTES SUPPIED BEFORE COMPLETING THIS FORM A. PROVISIONAL SHORT-TERM LET LICENCE DETAILS Council Reference Number: ………………………………………………………………………. Current Licence Number: ………………………………………………………………………. Premises Address: ………………………………………………………………………. ………………………………………………………………………. I have enclosed the provisional short-term let licence with this application YES/NO If no, you must provide reasons for failing to do so. Please set out your reasons here:- B. APPLICANT INFORMATION Has any applicant information changed since the date the provisional short-term let licence was issued? YES/NO Page 45
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Page 2 of 7 If yes, please give full details of all changes here: C. PLANNING CERTIFICATE I have enclosed the relevant planning certificate with this application YES/NO If no, you must set out your reasons here: D. BUILDING STANDARDS CERTIFICATE I have enclosed the relevant building standards certificate with this application YES/NO If no, you must set out your reasons here: E. PREMISES Were the premises built to the specification (as set out in the provisional STL licence) YES/NO Page 46
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Page 3 of 7 If no, detail any changes here: E.1 General Safety and Standards E.1.1 Fire Safety Does the premises have satisfactory equipment installed for detecting and giving warning of fire, suspected fire, and the presence of carbon monoxide? YES/NO Do all upholstered furniture and furnishings intended for guest use or to which guests are permitted to have access to comply with the Furniture and Furnishings (Fire Safety) Regulations 1988? YES/NO If yes, do you have records to demonstrate compliance with the Furniture and Furnishings (Fire Safety) Regulations 1988? YES/NO Have you completed the Scottish Fire and Rescue Service’s fire safety checklist? YES/NO You must enclose a copy of the completed checklist with this application. E.1.2 Gas Safety Does the premises have a gas supply? YES/NO If yes, you must enclose a copy of the most recent Gas Safety Certificate for the premises with this application. E.1.3 Electrical Safety Do guests have access to electrical fittings within the premises? YES/NO If yes, you must enclose a copy of the most recent Electrical Installation Condition Report on fixed installations with this application. Do guests have access to electrical moveable appliances within the premises? YES/NO If yes, you must enclose a copy of the most recent Portable Appliance Testing Report on moveable appliances with this application. E.1.4 Water Safety Have you completed a legionella risk assessment for the premises? YES/NO You must enclose a copy of the risk assessment carried out with this application. Page 47
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Page 4 of 7 Does the premises have a private water supply? YES/NO If yes, have you complied with the requirements set out in the Water Intended for Human Consumption (Private Supplies)(Scotland) Regulations 2017? YES/NO E.1.5 Safety & Repair Standards Have you taken all reasonable steps to ensure the premises are safe for residential use? YES/NO Are the premises a dwellinghouse? YES/NO If yes, do the premises meet the repairing standard? YES/NO E.1.6 Energy Performance Certificate (EPC) Does the premises have an EPC issued within the last 10 years? YES/NO If yes, enclose a copy of the EPC with this application and please tick the box indicating the EPC Rating for the premises:- A ☐ B ☐ C ☐ D ☐ E ☐ F ☐ G ☐ F. INSURANCE Specify the buildings insurance in force, including details of insurance company and amount of cover. Enclose a valid Buildings Insurance Certificate or other proof of insurance cover with this application. Specify the public liability insurance in force, including details of insurance company and amount of cover. Please note, valid public liability insurance for not less than £5 million should be in place for the duration of each short-term let. Enclose a valid Public Liability Insurance Certificate or other proof of insurance cover with this application. Page 48
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Page 5 of 7 G. DECLARATION I declare that I have met the mandatory licence conditions set out in the Civic Government (Scotland) Act 1982 (Licensing of Short-term Lets) Order 2022 as amended Signature of applicant ………………………….. Date ……………………………………… Signature of joint applicant ……………………………. Date ………………………………………. Or Signature of Agent on behalf of the applicant(s) ………………………………………………. Date ………………………………………………….. Agents Address ………………………………………………………………………………………. ………………………………………………………………………………………. I declare that the particulars given by me on this form are true and I hereby make application to Moray Council for confirmation of a provisional short-term let licence. Signature of applicant ………………………….. Date ……………………………………… Signature of joint applicant ……………………………. Date ………………………………………. Or Signature of Agent on behalf of the applicant(s) ………………………………………………. Date ………………………………………………….. Agents Address ………………………………………………………………………………………. ………………………………………………………………………………………. NB. It is an offence for any person to make any statement which he knows to be false in this application or in connection with the making of this application Data Protection - Moray Council is the Data Controller for this process. Please see our Privacy Notice for information about how and why the personal information provided on this form will be used to process an application for a short-term lets licence. Page 49
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Page 6 of 7 Checklist I have enclosed the following documents with this application. please tick all that apply. You must enclose all mandatory documents. Mandatory Documents If Relevant to Premises Documents Provisional Short-term Let Licence Gas Safety Certificate Planning Certificate Electrical Installation Condition Report Building Standards Certificate Portable Appliance Testing Report Scottish Fire and Rescue Service Checklist Legionella Risk Assessment Buildings Insurance Certificate Public Liability Insurance Certificate Fee of £295* *Please note, separate, additional fees are payable to the Planning and Building Standards Services for the relevant Certificates. Page 50
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Page 7 of 7 ADDITIONAL INFORMATION SHEET Page 51
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Page 1 of 15 GUIDANCE NOTES FOR AN APPLICATION TO CONFIRM A PROVISONAL SHORT-TERM LET LICENCE The Civic Government (Scotland) Act 1982 (Licensing of Short-term Lets) Order 2022 as amended Disclaimer These notes have been prepared as an outline of the licensing provisions in connection with short-term lets introduced by The Civic Government (Scotland) Act 1982 (Licensing of Short-term Lets) Order 2022 as amended. While every effort has been made to ensure accuracy, these notes are for general guidance only and do not constitute legal advice. It is the responsibility of the applicant to ensure that they comply with the provisions of the Act, any statutory instruments made thereunder, the conditions outlined in the schedule attached to your licence and any policy/guidance notes issued by Moray Council (“the Council”). Under no circumstances does the Council or their employees or agents offer legal advice or accept liability of any description, including liability for negligence for any damages or losses (including without limitation, loss of business, revenue, profits, or consequential loss) whatsoever resulting howsoever including but not limited to the use of or inability to use this information. The Council accepts no responsibility for keeping the information in these pages up to date or liability for any failure to do so. If you are in any doubt you must seek advice from a solicitor. Applicants should note that the Scottish Government has produced guidance for hosts and operators regarding licensing provisions in connection with short-term lets. INTRODUCTION The Civic Government (Scotland) Act 1982 (Licensing of Short-term Lets) Order 2022 as amended (“the Order”) requires all short-term let premises in Scotland to be licensed by the licensing authority in whose area the premises are situated. This guidance provides Page 53
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Page 2 of 15 information to applicants about how to apply to confirm a provisional short-term let licence. DEFINITIONS “provisional short-term let licence” – means a provisional short-term let licence issued by Moray Council. “premises” – means the accommodation which is the subject of a provisional short- term let licence issued by Moray Council. HOW DO I APPLY TO CONFIRM A PROVISIONAL SHORT-TERM LET LICENCE? Licences are issued by the Licensing and Regulatory Team within the Council’s Governance, Strategy and Performance Service. You will need to complete the confirmation of a provisional short-term let licence application form and submit this together with supporting documentation and the application fee to the Council. You can complete the application form electronically and email it to licensing@moray.gov.uk. Alternatively, you can complete a paper copy and send it to Moray Council Licensing Team, Council OƯices, High Street, Elgin, IV30 1BX. The Council will assess whether the premises has been built to the specification stated and complies with all relevant regulations including planning and building standards etc and is therefore now suitable for the proposed use. The Council will also assess compliance with the mandatory licence conditions applicable across Scotland. TIMESCALE FOR APPLYING A provisional short-term let licence is of no eƯect until it is confirmed. If it is not confirmed within 3 years after the date it was issued by the Council it will be treated as revoked. You must therefore apply to confirm your provisional short-term let licence within 3 years from the date your licence was issued. You cannot use your premises for short-term letting until your provisional short-term let licence has been confirmed by the Council. FEE You should pay the application fee online, by telephone, or by cheque made payable to the Moray Council. Full payment of the application fee should be made at the same time the completed application is submitted to the Council. A Schedule setting out all Council fees relevant to the short-term let licence scheme can be found on the Council’s website here. The fee for an application to confirm your provisional short-term let licence is calculated on a cost recovery basis only. This means that, as far as possible, the fee represents the Page 54
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Page 3 of 15 actual cost to the Council of processing the application. Once the application has been processed, those costs have been incurred. If your application is refused, the fee will not be refunded or reduced. THE APPLICATION FORM The application form is split into the following seven sections; A. Provisional Short-term Let Licence Details B. Applicant Information C. Planning Certificate D. Building Standards Certificate E. Premises F. Insurance G. Declaration General Points on Completion You must answer all questions as fully as you can as failure to do so may result in your application being returned to you. Your application will not be processed until you have provided all the necessary information. Unless and until a valid application is received the application will not be considered to have been made at all. Check what information and supporting documentation you will need and ensure you have this before submitting your application to the Council. The application should be completed in typescript, or where, by hand, in block capitals in black ink. Where the question requires a “Yes” or “No” answer please strikethrough the answer which does not apply to you. Where the question asks you to tick one box only, please tick the box which indicates your answer. If you have other information relevant to your application that you wish to include or need additional space for your answers, use the “Additional Information Sheet” provided. Section A – Provisional Short-term Let Licence Details You must provide the details of your provisional short-term let licence and enclose a copy of the licence with your application. If you cannot find your licence or it has been lost or stolen you need to report this to the Police. You will also need to apply for a copy licence and pay the relevant fee. Section B – Applicant Information Only the provisional licence holder(s) or person authorised to act on behalf of the licence holder(s) can apply to confirm a provisional short-term let licence. Page 55
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Page 4 of 15 Your application will be assessed on the basis of the information you provided in connection with your provisional short-term let licence. If any details have changed since the date your provisional short-term let licence was issued to you please provide full details of all changes. Section C – Planning Certificate You must enclose a planning certificate with your application. If you provided a provisional planning certificate in connection with your provisional short-term let licence which consisted of outline planning permission or planning permission in principle you must still provide a planning certificate with your application. A provisional planning certificate with outline planning permission or planning permission is NOT the same as full planning permission. This is a second certificate and NOT just another copy of the provisional planning certificate unless the provisional certificate was for full planning permission as described below. A “Planning Certificate” is a certificate signed on behalf of Moray Council’s Planning Service stating that - (a) planning permission under the Town and Country Planning (Scotland) Act 1997 in respect of any development of the premises in connection with their proposed use as a short-term let has been obtained, or (b) no such planning permission is required. Details about how to contact the Council’s Planning Service directly can be found on the Council’s website here. Section D – Building Standards Certificate You must enclose a building standards certificate with your application. A “building standards certificate” is a certificate signed by the Council’s Building Standards Service stating that – (a) that a completion certificate has been accepted under section 18 of the Building (Scotland) Act 2003 in respect of any construction of the 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 Building (Scotland) Act 2003, or (c)that no such completion certificate or permission is required. Details about how to contact the Council’s Building Standards Service directly can be found on the Council’s website here. Page 56
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Page 5 of 15 Section E – Premises You must confirm whether or not the premises were built to the specification provided in connection with your provisional short-term let licence. If they were not, provide full details of all changes where indicated on the application form. If there have been any more than very minor changes then you may be required to lodge a variation application before confirmation and before a final licence can be issued. E.1 – General Safety and Standards E.1.1 – Fire Safety The law sets out conditions around fire safety which the Council will check you are compliant with when considering your application. You are required to ensure that the premises has satisfactory equipment installed for detecting, and for giving warning of; (a) fire or suspected fire, and (b) carbon monoxide present in a concentration that is hazardous to health. You must make sure you have taken adequate steps to ensure fire prevention, including fitting and maintaining working smoke and carbon monoxide alarms. Further details about this can be found in the Scottish Government Guidance, “Tolerable Standard Guidance: Satisfactory Fire Detection and Satisfactory Carbon Monoxide Detection”. Any upholstered furnishings and mattresses within the parts of the premises intended for guest use, or to which the guests are allowed access to, must comply with the Furniture and Furnishings (Fire Safety) Regulations 1988 and you need to keep records to evidence your compliance. Ways to comply with this condition could be by keeping photographic evidence, removing and retaining the labels themselves or by keeping receipts which confirm compliance (e.g. by providing a reference number or accurate description of the product). You would then be able to provide these if requested. If you are home sharing (i.e. letting out a room in your home), the requirement does not apply to areas of your accommodation to which your guest does not have access e.g. your bedroom. In addition to the conditions within the licensing law, you must comply with the requirements of the Fire (Scotland) Act 2005, which the Scottish Fire and Rescue Service are responsible for enforcing. The 2005 Act requires the person who has control of the premises to provide fire safety measures, including risk reduction measure, means of fire warning, fire-fighting, escape, staff training and instruction, as well as emergency procedures and maintaining of good records. It sets out fire safety responsibilities and seeks to ensure people are safe from harm. You can find out more in the Scottish Government Publication, “Fire Safety – existing premises with sleeping accommodation: practical guidance” which can be found by clicking on the following link; Page 57
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Page 6 of 15 https://www.gov.scot/publications/practical-fire-safety-guidance-existing-premises- sleeping-accommodation-2/. You can find out more information about how to conduct a fire risk assessment directly from the Scottish Fire and Rescue Service including information about registered and accredited fire risk assessors. Scottish Fire and Rescue Service has designed their own checklist for all applicants. A copy of the checklist is provided here. The checklist is split into two sections, the first being the premises profile and the second asking for information to ensure that a fire risk assessment is suitable and sufficient. Please note, where Scottish Fire and Rescue Service mention “children” in the checklist, they are referring to ALL children of ALL ages. You must complete the Scottish Fire and Rescue Service’s checklist and send a copy of your completed checklist to the Council with your application. E.1.2 Gas Safety If the premises has a gas supply you must arrange for an annual gas safety inspection of all gas pipes, flues and appliances in the premises. If, after an annual inspection, any appliance does not meet the required safety standard, you 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. If the premises does have a gas supply, you must provide a copy of the most recent Gas Safety Certificate for the premises with your application to the Council. The Council will check that a currently valid, annual gas safety check has been carried out on all gas appliances by a Gas Safe registered engineer. It is your responsibility to ensure that a gas safety inspection is completed each year even if your licence lasts for more than one year. E.1.3 Electrical Safety Where there are electrical fittings or items within the parts of the premises which are for guest use, or to which the guests are allowed access to, you must:- (a) ensure that any electrical fittings and items are in a reasonable state or repair and proper and safe working order, (b) arrange for an electrical safety inspection to be carried out by a competent person at least every five years or more frequently if directed by the competent person, (c) ensure that, following an electrical safety inspection, the competent person produces an Electrical Installation Condition Report on any fixed installations, (d) arrange for a competent person to (i) produce a Portable Appliance Testing Report on moveable appliances to which a guest has access, and (ii) date label and sign all moveable appliances which have been inspected. The law sets out that when deciding who is a competent person, you must have regard to the guidance issued by the Scottish Ministers under 19B(4) of the Housing (Scotland) Act 2006. Page 58
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Page 7 of 15 The Scottish Government has produced statutory guidance on electrical installations and appliances in private rented property which you can find here. Annex A of that guidance sets out who is competent to conduct an Electrical Installation Condition Report. You may find this helpful as the standards that apply to private residential tenancies also apply to short-term lets. A competent person must produce both the Electrical Installation Condition Report and the Portable Appliance Testing Report but it need not be the same person. 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 qualification 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. If there are electrical fittings or items within the premises intended for guest use or which the guests are allowed access to, you must provide a copy of the most recent Electrical Installation Condition Report on fixed installations to Moray Council with your licence application. If guests have access to, or are permitted to have access to moveable electrical appliances within the premises you must also provide a copy of the most recent Portable Appliance Testing Report on moveable appliances with your application. A moveable electrical appliance generally means any item that can be moved, either connected or disconnected from an electrical supply. E.1.4 Water Safety If the premises has a water supply that is not supplied by Scottish Water (i.e. a private water supply) then you need to comply with the requirements on the owners of private dwellings set out in the Water Intended for Human Consumption (Private Supplies) (Scotland) Regulations 2017. You can find more information and guidance from Moray Council’s Environmental Health Service here. You can also find guidance and information from the Drinking Water Quality Regulator for Scotland:Guidance on the Water Intended for Human Consumption (Private Supplies)(Scotland) Regulations 2017. You must check your responsibilities and any action you may need to take under the Water Intended for Human Consumption (Private Supplies) (Scotland) Regulations 2017 before you submit your application. The Council’s licensing service will be Page 59
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Page 8 of 15 notified by the Council’s Environmental Health Service if the requirements of the 2017 Regulations have not been met by you. Whether or not your premises are served by a private water supply or Scottish Water, you must assess the risk from exposure to legionella within the premises. This means you should complete a legionella risk assessment. The risk assessment does not need to be carried out by a professional; you can do it yourself. You must keep a record of what assessment you have carried out and provide a copy of the risk assessment you have carried out in respect of legionella to the Council with your application. You can find out more on the Health and Safety Executive webpage on legionella and landlords’ responsibilities here. A style legionella risk assessment form together with a guidance sheet is provided here. E.1.5 Safety and Repair Standards You must take all reasonable steps to ensure the premises is safe for residential use. The Law and these guidance notes cannot anticipate every circumstance. Repairing Standard If the premises is a dwellinghouse, you must ensure that the premises meet the repairing standard. “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. The repairing standard requires; the premises must meet the statutory tolerable standard. the premises are wind and water tight and in all other respects reasonably fit for people to live in; the structure and exterior (including drains, gutters and external pipes) must be in a reasonable state of repair and in proper working order; installations for supplying water, gas and electricity (including residual current devices) and any other type of fuel and for sanitation, space heating by a fixed heating system and heating water must be in a reasonable state of repair and in proper working order; any fixtures, fittings and appliances that you provide for guests must be in a reasonable state of repair and in proper working order; any furnishings that you provide for guests must be capable of being used safely for the purpose for which they are designed; the premises must have satisfactory provision for, and safe access to a food storage area and a food preparation space; the common parts pertaining to the premises must be able to be safely used and accessed; where the premises are in a tenement, common door must be secure and fitted with satisfactory emergency exit locks. the premises must have a satisfactory way of detecting fires and for giving warning in the event of a fire or suspected fire; Page 60
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Page 9 of 15 the premises must have satisfactory provision for giving warning if carbon monoxide is present in a concentration that is hazardous to health; Tolerable Standard The tolerable standard is the minimum standard for all housing and premises which fall below this standard is considered to be unfit for human habitation. The repairing standard is higher and all housing which meets the repairing standard must meet the tolerable standard. Private residential tenancies and Houses in Multiple Occupation (HMOs) are also required to meet the requirements of the repairing standard. You can find more information about both the repairing and tolerable standards by clicking the following links; https://www.gov.scot/publications/repairing-standard-statutory-guidance-private- landlords/ https://www.mygov.scot/landlord-repairs/tolerable-standard E.1.6 Energy Performance Certificate Energy Performance Certificate (EPC) means a certificate which complies with regulation 6 of the Energy Performance of Buildings (Scotland) Regulations 2008. If you are using a dwellinghouse for secondary letting, you must have a valid EPC Certificate issued within the last 10 years. Scottish Government Guidance on EPC requirements for holiday lets can be found here: https://www.gov.scot/publications/energy- performance-certificates-for-holiday-lets-guidance/. If you have an EPC for the premises, please tick the relevant EPC Rating (options are A to G) box which applies to your premises. If you have an EPC for the premises, you must enclose a copy with your application. F. Insurance Under this section you are asked to provide details of both your buildings insurance and public liability insurance policies. The licence holder must ensure that there is valid buildings insurance for the duration of the licence in place for the premises. The licence holder must also ensure that there is valid public liability insurance for not less than £5 million in place for the premises for the duration of each short-term let agreement. You must enclose a copy of the relevant insurance certificates with your application. G. Declaration You and any/all joint applicants (or an agent acting on behalf of the applicant(s)) are required to sign and date the form declaring (1) that you have met the mandatory licence conditions set out in the law and (2) that all information provided on the application form is true. If you are submitting your form electronically, you can use an electronic signature. Please note, it is an offence for any person to make a statement which they know to be false on the application or in connection with the making of the application. Page 61
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Page 10 of 15 CONSULTATIONS If any of the information about the licence holder or those involved in the day-to-day management of the premises provided in connection with your provisional short-term let licence has changed, it will be necessary for the Council to assess the fitness of any applicant/agent/day-to-day managers. The Council will assess whether or not you have evidenced compliance with the statutory mandatory conditions applicable to all short-term let licences across Scotland. In doing so, the Council will consult with the following; Scottish Fire and Rescue Service Moray Council Environmental Health Service TIMESCALE FOR DETERMINATION The Council has the period of 9 months from the date a valid confirmation application is made to consider and determine the application, If the Council fails to determine the application within the timescale set out above, the confirmation will be deemed to have been granted unless the Council is given an extension by the Court. If a licence is deemed to have been granted it is valid for the period of one year. The mandatory licence conditions that apply to all short-term lets would also apply to the deemed grant of a licence. PUBLIC REGISTER The Council is required to maintain a public register of short-term lets. The register is available to the public electronically. You can view the latest public register on the Council’s website here. COMPLIANCE WITH LICENCE CONDITIONS You must ensure that you comply with all the mandatory and any other conditions on your licence. It is a criminal oƯence for a licence holder to fail to comply with a licence condition. You must notify the Council of any material change to your circumstances during the period of the licence. It is a criminal oƯence to fail to notify the Council of a material change in circumstances. MANDATORY LICENCE CONDITIONS The mandatory licence conditions are set out in law and every licence holder must meet and adhere to the statutory mandatory conditions which are:- 1. Agents 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. Page 62
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Page 11 of 15 2. Type of Licence The holder of the licence may only oƯer the type of short-term let for which the licence has been granted. 3. Fire Safety 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. 5. Gas Safety 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. 6. Electrical Safety 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, (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. Page 63
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Page 12 of 15 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. 8. Water safety: private water supplies 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. 9. Water safety: legionella 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. 10. Safety & repair standards (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. 11. Maximum Occupancy The licence holder must ensure that the number of guests residing on the premises does not exceed the number specified in the licence. 12. Information to be displayed 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, (f) a copy of the Portable Appliance Testing Report, (g) instructions as to what guests should do in the event that the carbon monoxide alarm sounds, and (h) if there is a mobile gas cabinet heater in the premises, safety instructions as to the operation and movement of that mobile heater. 13. Planning Permission 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 (“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 – Page 64
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Page 13 of 15 (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. 14. Listings (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. (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. 15. Insurance 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. 16. Payment of fees The holder of the licence must pay any fees due to the licensing authority in respect of the licence on demand. 17. False or misleading information The holder of the licence must not provide any false or misleading information to the licensing authority. 18. Interpretation 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, Page 65
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Page 14 of 15 “gas safety report” means a report containing the following information— (a) the date on which the appliance or flue was checked, (b) the address of the premises at which the appliance or flue is installed, (c) a description of and the location of each appliance or flue checked, (d) any safety defect identified, (e) any remedial action taken, (f) confirmation that the check undertaken complies with the requirements of an examination of— (i) the effectiveness of any flue, (ii) the supply of combustion air, (iii) subject to head (iv), its operating pressure or heat input or, where necessary, both, (iv) if it is not reasonably practicable to examine its operating pressure or heat input (or, where necessary, both), its combustion performance, (v) its operation so as to ensure its safe functioning, (g) the name and signature of the individual carrying out the check, and (h) the registration number with which that individual, or that individual’s employer, is registered with a body approved by the Health and Safety Executive for the purposes of regulation 3(3) of the Gas Safety (Installation and Use) Regulations 1998, “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, Page 66
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Page 15 of 15 “short-term let licence” means a licence for a short-term let, and “type of short-term let” means one of the following purposes— (a) secondary letting, (b) home letting, (c) home sharing, or (d) home letting and home sharing. Page 67
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Page 1 of 9 THE CIVIC GOVERNMENT (SCOTLAND) ACT 1982 (LICENSING OF SHORT-TERM LETS) ORDER 2022 AS AMENDED APPLICATION FOR TRANSFER OF A SHORT-TERM LET LICENCE PLEASE READ GUIDANCE NOTES SUPPLIED BEFORE COMPLETING THE FORM A. LICENCE DETAILS Council Reference Number: ……………………………………………………………………. Current Licence Number:……………………………………………………………………….. Licensed Premises Address: …………………………………………………………………… I have enclosed my licence with this application YES/NO If no, you must provide reasons for failing to do so. Please set out your reasons here:- B. APPLICANT INFORMATION Please note, only the current licence holder(s) (or person authorised to act on behalf of the licence holder(s)) can make an application to transfer the licence. Are you the current licence holder? YES/NO If no, please tell us why you are making this application here:- Please provide the licence holder(s) full name(s) and address(es) including post code(s) here:- Page 69
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Page 2 of 9 Each licence holder or person authorised to act on behalf of each licence holder must consent to the transfer of the licence to the transferee. Have you included a consent declaration from each other joint licence holder or person authorised to act on behalf of the joint licence holder with this application? YES/NO C. OWNERSHIP OF THE PREMISES Does the licence holder/joint licence holder own the licensed premises? YES/NO If yes, does the licence holder/joint licence holder share ownership? YES/NO If the licence holder/joint licence holder does not own, or is not the sole owner of the premises, please provide the full name and address of each owner here:- Each owner/other owner or person authorised to act on behalf of the owner(s) must consent to the transfer of the licence to the transferee. Have you included a consent declaration from each owner(s)/each other owner or person authorised to act on behalf of the owner(s) with this application? YES/NO D. TRANSFEREE DETAILS (person who the licence is to be transferred to) Tick one box only: Individual ☐ Corporate Entity ☐ D.1 Individual Details Full Name …………………………………………………………………………….. Address ……………………………………………………………………………….. Postcode …………………………………………………………………………….. Telephone Number ……………………………….. Mobile …………………………………………….. If the transferee has lived at this address for less than five years, you must provide previous addresses to cover this period here:- Page 70
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Page 3 of 9 Email …………………………………………………………………… Date of Birth …………………………………………. Age …………………………………………….. Place of Birth ……………………………………………….. Are you a Registered Landlord? YES/NO If yes, please provide your landlord registration number …………………………………………………………. D.2 Corporate Entity Full Name of Corporate Entity …………………………………………………………………………………………… Address of Registered or Principal OƯice …………………………………………………………………………….. Postcode …………………………………………………………. Tel Number ………………………………………………………. Email ……………………………………………………………… Full details of all Directors, Partners or other persons responsible for management of the entity (continue on the additional information sheet if necessary) Full Name ………………………………………………………….. Home Address …………………………………………………… Postcode ………………………………………………………….. Tel No ……………………………………………………… Mobile ………………………………………………………. Email ……………………………………………………………….. Date of Birth …………………………………………… Age …………………………… Place of Birth ……………………………………………………………….. Full Name ………………………………………………………………………….. Home Address ……………………………………………………………………. Postcode ……………………………………………………………………………… Tel No ………………………………………………….. Mobile …………………………………………………….. Email …………………………………………………………………. Date of Birth ……………………………………………… Age …………………………… Place of Birth …………………………………………………………………… Full Name …………………………………………………………………….. Page 71
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Page 4 of 9 Home Address ………………………………………………………….. Postcode ………………………………………………………….. Tel No …………………………………………………….. Mobile ……………………………………………………… Email …………………………………………………….. Date of Birth ……………………………………………… Age ………………………………………….. Place of Birth ……………………………………………………………… D.3 JOINT TRANSFEREES Individual ☐ Corporate Entity ☐ D.3.1 Individual Details Full Name ………………………………………………………………………………………… Home Address ……………………………………………………………………………….. Post Code ………………………………………………………………………………. Telephone Number ………………………………………………. Mobile ………………………………………… If the joint transferee has lived at this address for less than five years, you must provide previous addresses below to cover this period here:- Email ………………………………………………………………………… Date of Birth …………………………………………………. Age …………………………………………………. Place of Birth …………………………………………………………………. Is the joint transferee a Registered Landlord? ……………………………………………………. If yes, please provide the landlord registration number ………………………………………………. D.3.2 Corporate Entity Full Name of Corporate Entity ……………………………………………………………………………. Address of the Registered or Principal OƯice ……………………………………………………………. Post Code ………………………………………………………………….. Telephone Number ………………………………………….. Page 72
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Page 5 of 9 Email …………………………………………………………………….. Full details of all Directors, Partners or other persons responsible for management of the entity (continue on the additional information sheet if necessary) Full Name ……………………………………………………………………….. Home Address ……………………………………………………………… Postcode ……………………………………………………….. Tel No ………………………………………………… Mobile ……………………………………………………… Email ………………………………………………………………….. Date of Birth ………………………………………………………. Age ………………………………………………. Place of Birth …………………………………………………………. Full Name ………………………………………………………………. Home Address ………………………………………………………………………. Postcode ……………………………………………………….. Tel No ………………………………………………. Mobile ………………………………………………………….. Email ………………………………………………………….. Date of Birth ………………………………………………… Age …………………………………………………… Place of Birth …………………………………………………………………… E. DAY TO DAY MANAGEMENT OF THE PREMISES Does the transferee(s) intend to carry out the day to day management of the premises? YES/NO If no, provide the full details of the agent/day to day manager who will be responsible for management of the premises: Full Name ……………………………………………… Home Address ………………………………………………………………………………………….. Post Code …………………………………………….. Page 73
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Page 6 of 9 If the agent/day to day manager has lived at this address for less than five years, you must provide previous addresses below to cover this period here:- Telephone Number……………………………….. Mobile ………………………………………….. Email ………………………………………………… Date of Birth …………………………………………. Age ……………………………………………. Place of Birth …………………………………………………….. F. PREVIOUS/OTHER SHORT-TERM LET LICENCE DETAILS Has the transferee(s) or anyone named in Section E above held a short-term let licence? YES/NO If yes, please provide the licensee’s full name, name of the licensing authority who granted the licence and the type of short-term let licence held here:- Has the transferee(s) or anyone named in Section E ever been refused a licence before? YES/NO If yes, please provide the name of the individual, name of licensing authority who refused the licence, the type of licence refused and the date of refusal here:- Page 74
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Page 7 of 9 G. INSURANCE Specify the buildings insurance in force, including details of insurance company and amount of cover. Enclose with the application a valid Insurance Certificate or other proof of insurance cover. Specify the public liability insurance in force, including details of insurance company and amount of cover. Please note, valid public liability insurance for not less than £5 million should be in place for the duration of each short-term let. Enclose with the application a valid Insurance Certificate or other proof of insurance cover. H. CRIMINAL CONVICTIONS Has the transferee(s), or any other person named at Section E above, ever been convicted of any crime or oƯence? YES/NO If yes, please provide details here:- Details of all relevant convictions (including road traƯic oƯences) recorded against the transferee(s) or any other person named at Section D and E above must be provided. I. RESIDENCE OUTSIDE THE UK Since being born has the transferee(s) or anyone named at Section E above, lived outside the UK for a continuous period of 12 months or more? YES/NO If you’ve answered Yes, please provide details of all the countries in which the transferee(s) or anyone named at Section D and E above have lived. Please continue on the additional information sheet if required. Country of Residence………………………………………From............................To…………………. Country of Residence………………………………………From............................To…………………. Country of Residence………………………………………From............................To…………………. Country of Residence………………………………………From............................To…………………. Page 75
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Page 8 of 9 For each Country the transferee(s), or anyone named at section E above, have lived in the last 10 years, you are required to provide a Criminal Record Check. Please refer to the Guidance Notes for further details of the documentation you are required to provide. J. DECALRATION I declare that the particulars given by me on this form are true and I hereby make application to Moray Council for the grant of the licence applied for. Signature of applicant …………………………………………………………… Date ………………………………………………………….. or Signature of Agent on behalf of the applicant …………………………………………………………….. Date …………………………………………………………… Agents Address ………………………………………………………………………….. Signature of joint applicant …………………………………………………………… Date ……………………………………………………………. Or Signature of Agent on behalf of the joint applicant ……………………………………………………… NB. It is an offence for any person to make any statement which they know to be false in this application or in connection with the making of this application CHECKLIST Indicate which documents you have enclosed with the application below Document Enclosed (please tick) Short-term let licence Joint licence holder consent to transfer (if relevant) Owners consent to transfer (if relevant) Certificate of Buildings Insurance Certificate of Public Liability Insurance Data Protection - Moray Council is the Data Controller for this process. Please see our Privacy Notice for information about how and why the personal information provided on this form will be used to process an application for a short-term lets licence. Page 76
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Page 9 of 9 ADDITIONAL INFORMATION SHEET Page 77
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Page 1 of 9 GUIDANCE NOTES FOR TRANSFER OF SHORT-TERM LET LICENCE APPLICANTS The Civic Government (Scotland) Act 1982 (Licensing of Short-term Lets) Order 2022 as amended Disclaimer These notes have been prepared as an outline of the licensing provisions in connection with short-term lets introduced by The Civic Government (Scotland) Act 1982 (Licensing of Short-term Lets) Order 2022 as amended. While every effort has been made to ensure accuracy, these notes are for general guidance only and do not constitute legal advice. It is the responsibility of the applicant to ensure that they comply with the provisions of the Act, any statutory instruments made thereunder, the conditions outlined in the schedule attached to your licence and any policy/guidance notes issued by Moray Council (“the Council”). Under no circumstances does the Council or their employees or agents offer legal advice or accept liability of any description, including liability for negligence for any damages or losses (including without limitation, loss of business, revenue, profits, or consequential loss) whatsoever resulting howsoever including but not limited to the use of or inability to use this information. The Council accepts no responsibility for keeping the information in these pages up to date or liability for any failure to do so. If you are in any doubt you must seek advice from a solicitor. Applicants should note that the Scottish Government has produced guidance for hosts and operators regarding licensing provisions in connection with short-term lets. INTRODUCTION The Civic Government (Scotland) Act 1982 (Licensing of Short-term Lets) Order 2022 as amended (“the Order”) requires all short-term let premises in Scotland to be licensed by the licensing authority in whose area the premises are situated. This guidance provides Page 79
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Page 2 of 9 information to applicants about how to apply for a transfer of an existing short-term let licence. DEFINITIONS “transferee” – the person to whom the licence is to be transferred under a transfer application. “transfer application” – an application from a short-term let licence holder to transfer a short-term let licence to such persons as specified in the application. “short-term let licence” – a short-term let licence issued by Moray Council. “licence holder” – the named holder of a short-term let licence issued by Moray Council. “premises” – the premises named on a short-term let licence issued by Moray Council. “licence transfer fee” – fee payable when making a transfer application. HOW DO I APPLY TO TRANSFER MY SHORT-TERM LET LICENCE ? Licences are issued by the Licensing and Regulatory Team within the Council’s Governance, Strategy and Performance Service. Only the licence holder of a short- term let licence can apply to transfer the licence. You will need to complete the short- term let licence transfer application form and submit this together with supporting documentation and the licence transfer fee to the Council. You can complete the application form electronically and email it to licensing@moray.gov.uk. Alternatively, you can complete a paper copy and send it to Moray Council Licensing Team, Council OƯices, High Street, Elgin, IV30 1BX. The Council will assess the suitability of the proposed transferee(s) and any others who will be involved in the day-to-day management of the premises listed on the application form. FEE The transfer application fee can be paid online, by telephone, or by cheque made payable to the Moray Council. Full payment of the application fee should be made at the same time the completed application is submitted to Moray Council. A schedule setting out all Council fees relevant to the short-term let licence scheme can be found on the Council’s website here. The transfer application fee is calculated on a cost recovery basis. This means that, as far as possible, the fee represents the actual cost to the Council of processing the application. Once an application has been processed, those costs have been incurred. If the transfer application is refused the fee will not be refunded or reduced. Page 80
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Page 3 of 9 THE APPLICATION FORM The application form is split into the following sections with two appendices:- A. Licence Details B. Applicant Information C. Ownership of the Premises D. Transferee Details E. Day-to-Day Management of the Premises F. Previous/Other Short-term Let Licence Details G. Insurance H. Criminal Convictions I. Residence Outside the UK J. Declaration Appendix 1 – Style consent declaration - joint licence holders Appendix 2 – Style consent declaration - owner(s). General Points on Completion You must answer all questions as fully as you can as failure to do so may result in your application being returned to you. Your application will not be processed until you have provided all the necessary information. Unless and until a valid application is received the application will not be considered to have been made at all. Check what information and supporting documentation you will need and ensure you have this before submitting your application to the Council. The application should be completed in typescript, or where by hand, in block capitals in black ink. Where the question requires a “Yes” or “No” answer please strikethrough the answer which does not apply to you. Where the question asks you to tick one box only, please tick the box which indicates your answer. If you have other information relevant to your application that you wish to include or need additional space for your answers, use the “Additional Information Sheet” provided. Page 81
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Page 4 of 9 Section A - Licence Details This section asks you to provide details of the short-term let licence held by the licence holder(s). You must enclose your short-term let licence with your application for transfer. If you cannot find your licence or it has been lost or stolen you need to report this to the Police. You will also need to apply for a copy licence and pay the relevant fee. Section B – Applicant Information Only the licence holder(s) or person authorised to act on behalf of the licence holder(s) can make a transfer application. You must provide the full name and address (including post code) for all licence holders. If there are joint licence holders, you must have the consent of each other joint licence holder for the transfer of the licence to the transferee. If consent is required, your transfer application will be refused if you do not provide it. You must provide: a) a declaration from each other joint licence holder that they consent to the transfer application, or b) a declaration from a person who is authorised to act on behalf of each joint licence holder stating that they consent to the transfer application on their behalf. You can use the style/template declaration provided in Appendix 1 to the transfer application. Section C – Ownership of the Premises If you (as the current licence holder(s)) do not own the licensed premises (or the land on which the premises are located), or if you share ownership, you must have the consent of each owner (or each other owner) for the transfer application. If you want to transfer your licence because the premises is being sold to someone else and the ownership is changing, the owner is the legal owner at the time the application is made by the licence holder(s). If consent is required, your transfer application will be rejected if you do not provide it. You must provide: a) a declaration from each owner of the premises (or land on which the premises are located) that they consent to the transfer application, or b) a declaration from a person who is authorised to act on behalf of each owner of the premises (or the land on which the premises are located) that they consent to the transfer application. You can use the style/template declaration provided in Appendix 2 to the transfer application. Page 82
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Page 5 of 9 Section D – Transferee Details Indicate whether the transferee is an individual or a corporate entity (e.g. a company, charity or trust) by ticking one box. If the transferee is self-employed running their own business you should tick “individual”. You must identify all the people who need to be named on the application form. D.1 Individual Details If the transferee is an individual, you need to provide the following information for the transferee at section D.1; full name; date and place of birth; address; address history for the last five years; and email and telephone number. D.2 Corporate Entity If the transferee is a corporate entity (e.g. a company, charity or trust) you need to provide the following information for the transferee at section D.2; Full name of the corporate entity (if a company include the company number); Address of its registered or principal office; The names, private addresses and dates and places of birth of all its directors, partners or other persons responsible for its management, including trustees in the case of charities and trusts. D.3 Joint Transferees If there is more than one transferee you need to provide details for all transferees. Indicate whether the joint transferee is an individual or a corporate entity (e.g. a company, charity or trust) by ticking one box. If the transferee is self-employed running their own business you should tick “individual”. D.3.1 Individual details If the joint transferee is an individual, you need to provide the following information for the transferee at section D.3.1; full name; date and place of birth; address; address history for the last five years; and email and telephone number. D.3.2 Corporate Entity If the joint transferee is a corporate entity (e.g. a company, charity or trust) you need to provide the following information for the transferee at section D.3.2; Full name of the corporate entity (if a company include the company number); Page 83
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Page 6 of 9 Address of its registered or principal office; The names, private addresses and dates and places of birth of all its directors, partners or other persons responsible for its management, including trustees in the case of charities and trusts. Section E - Day-to-Day Management of the Premises If the transferee intends to appoint someone else to carry out the day-to-day management of the premises you need to provide full details for the manager at section E. If an individual is appointed as the day-to-day manager, the following information needs to be provided for the individual; full name; date and place of birth; address; address history for the last five years; and email and telephone number . If a corporate entity is appointed to manage the premises, the following information needs to be provided; full name of the corporate entity; the address of its registered or principal oƯice the full names, private addresses and dates and places of birth of all its directors, partners or other persons responsible for its management, including trustees in the case of charities or trusts. Only those named as licence holder can carry out the day-to-day management of the premises. Section F - Previous/Other Short-term Let Licence Details You need to confirm whether the proposed transferee, joint transferee(s) or day-to-day manager of the premises has held a short-term let licence. This includes licences issued by the Council and those issued by any other Scottish licensing authority. If the proposed transferee, joint transferee or day-to-day manager has held a short-term let licence you must provide the following details; licensee full name name of the licensing authority type of short-term let licence held You also need to confirm whether the proposed transferee, joint transferee(s) or day-to- day manager of the premises has ever been refused a licence. This includes licences refused by the Council and those refused by any other Scottish licensing authority. If any Page 84
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Page 7 of 9 of the individuals have been refused a licence before, you must provide the following details; full name of the individual name of the licensing authority type of licence refused Section G - Insurance This section asks you to provide details of both the buildings insurance and public liability insurance policies in place for the premises. The licence holder must ensure that there is valid buildings insurance for the duration of the licence in place for the premises. The licence holder must also ensure that there is valid public liability insurance for not less than £5 million in place for the premises for the duration of each short-term let agreement. Section H - Criminal Convictions This section asks whether the proposed transferee/joint transferees and any day-to-day manager has ever been convicted of any crime or offence. Please note, this includes driving fixed penalties. Full details of the need to disclose convictions appear on the Council’s website. Unspent Convictions Unspent convictions must always be disclosed. Spent Convictions A spent conviction is a criminal conviction that, under the Rehabilitation of Offenders Act 1974, can be treated as “spent” after a certain length of time. Although you are not required to disclose any convictions which are “spent”, the Police may raise an objection on the basis of any spent convictions you may have and the Council may thereafter decide to consider these if they are determined to be relevant to your application. If you think a conviction is spent you should seek independent legal advice. Failure to disclose convictions is a criminal offence and any applicant failing to disclose a conviction may be reported to the Procurator Fiscal with a view to prosecution. Section I – Residence Outside the UK If the proposed transferee/joint transferee/day-to-day manager named on the transfer application has lived outside of the UK for a continuous period of 12 months or more you must provide details of all the Countries lived in. You must provide evidence of criminal history for all the proposed transferees/joint transferees/day-to-day manager named on the transfer application. If any proposed transferee or day-to-day manager named in the transfer application, were born in the UK but have lived in any other country within the ten years prior to the application for a continuous period of 12 months or more you must provide a Criminal Record Check for all those countries for the relevant period(s). Page 85
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Page 8 of 9 If any proposed transferee(s) or day-to-day manager named in the transfer application, were born outwith the UK, you must provide a Criminal Record Check from the country of origin for the time of residence there IF it was in the last 10 years, unless the relevant individual left that country without reaching the criminal age of responsibility. You must also provide a Criminal Record Check from any other country in which the proposed transferee or day-to-day manager have resided for a continuous period of 6 months or more in the 10 years prior to the application. In all cases, the Criminal Record Checks provided must:- have been obtained within the six months immediately prior to submitting the application; and be translated into English; and be verified by the relevant UK based Embassy or High Commission. Note: The certificate must be produced before the licence can be granted. Whilst it is desirable for the applicant to produce the certificate with the application, it is not a strict requirement. This is so any applicant having diƯiculties will not be disadvantaged by delays to processing the application. At the applicants choosing, the application can be accepted as valid without the convictions evidence but the evidence should be provided as soon as possible. In this way the convictions evidence will be a check rather than a validation. Applicants should still note, however, that the licence transfer cannot be granted without the evidence having being produced. Therefore if the application is approaching the determination time limit without the evidence being produced, the application may be refused for failure to comply with administrative provisions. If you are experiencing diƯiculties in obtaining a certificate then please contact the licensing team to discuss your options. It may be possible to accept alternative evidence, for example: evidence of checks having been carried out by another government body; aƯidavits; or character references. In cases where it is not possible to provide any satisfactory evidence, the application will be referred to the Licensing Committee for a decision. Therefore the application may be delayed pending the outcome of a hearing. Section J – Declaration You and any joint applicants (or an agent on behalf of the applicant(s)) are required to sign and date the declaration confirming that all information provided on the transfer application form is true. If you are submitting the form electronically, you can use an electronic signature. Please note, it is an oƯence for any person to make a statement which they know to be false on the application or in connection with the making of the application. Page 86
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Page 9 of 9 CONSULTATION – FIT AND PROPER PERSON CHECK Every proposed transferee/joint transferee or day-to-day manager named on the transfer application is subject to the fit and proper person check. The Council will determine whether all those named are fit and proper persons to offer accommodation for short- term let in the Moray area. The Council will assess the fitness of the proposed transferee(s) and any agents/day-to-day managers to be involved in providing short-term lets. In deciding this, the Council will take account of the following factors:- any relevant convictions and other relevant information obtained from Police Scotland, being disqualified from being a private landlord or having had letting agent or property factor registration revoked now or in the past, having had a licence for short-term lets or HMO revoked by any licensing authority, having had an application for short-term lets licence refused by any licensing authority; and providing false or misleading information in an application for a short-term lets licence, HMO licence or application to be a private landlord. When determining the transfer application, the Council will consult with the following:- Police Scotland Moray Council Environmental Health Service TIMESCALES FOR DETERMINATION The Council has the period of 9 months from the date a valid transfer application is made to consider and determine each transfer application. If the Council fails to determine the application within the timescale set out above, the transfer licence will be deemed to have been granted unless the Council is given an extension by the Court. If the licence is deemed to have been granted it is valid for the period of one year. The mandatory licence conditions that apply to all short-term lets would also apply to the deemed grant of a licence. PUBLIC REGISTER The Council is required to maintain a public register of short-term lets. The register is available to the public electronically and includes the following information about short- term let premises. You can view the latest public register on the Council’s website here. Page 87
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APPENDIX 1 DECLARATION OF JOINT LICENCE HOLDER THE CIVIC GOVERNMENT (SCOTLAND) ACT 1982 (LICENSING OF SHORT-TERM LETS) ORDER 2022 AS AMENDED APPLICATION FOR TRANSFER OF A SHORT-TERM LET LICENCE I, [insert full name], residing at, [insert full postal address including postcode], joint short-term let [insert type of letting licence] licence holder, licence number [insert licence number] of the premises known as and forming [insert full postal address including postcode], hereby consent to the transfer of the said licence for the said premises and have given the applicant [insert full name], residing at, [full postal address including postcode], my permission to transfer the said licence to transferee [insert full name of transferee]. Signature of joint licence holder…………………………………. Date …………………………………………………. or Signature of Agent on behalf of joint licence holder Date ………………………………. Agents Address ……………………………………………… ……………………………………………… ……………………………………………… Page 89
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APPENDIX 2 DECLARATION OF OWNERS THE CIVIC GOVERNMENT (SCOTLAND) ACT 1982 (LICENSING OF SHORT-TERM LETS) ORDER 2022 AS AMENDED APPLICATION FOR TRANSFER OF A SHORT-TERM LET LICENCE I, [insert full name], residing at, [insert full postal address including postcode], owner/joint owner of the premises known as and forming [insert full postal address including postcode], being the premises subject to a short-term let [insert type of letting licence], licence number [insert licence number] hereby consent to the transfer of the said licence for the said premises to transferee [insert full name of transferee]. Signature of owner/joint owner…………………………………. Date …………………………………………………. or Signature of Agent on behalf of owner/joint owner Date ………………………………. Agents Address ……………………………………………… ……………………………………………… ……………………………………………… Page 91
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