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Agenda Document Pack - Licensing Committee - 22/06/2022

Moray Council · 22 June 2022
Back to Licensing Committee — 22 June 2022 and its agenda

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Licensing Committee 
Wednesday, 22 June 2022 
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, 22 June 2022 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 8 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 Meeting 23 March 2022  5 - 6 
5.  Written Questions ** 
6.  Short term lets
Report by Depute Chief Executive (Education, Communities and
Organisational Development) 
7 - 122
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7.  Question Time ***
Consider any oral question on matters delegated to the Committee in
terms of the Council's Scheme of Administration. 
Item(s) which the Committee may wish to consider with the Press
and Public excluded   
8.  Application For Grant of a Taxi Driver Licence TD-22-003
• Information relating to action taken, or to be taken, in connection
with the prevention, investigation or prosecution of crime. 
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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. 
*** Question Time - At each ordinary meeting of the Committee ten minutes will be
allowed for Members questions when any Member of the Committee can put a
question to the Chair on any business within the remit of that Section of the
Committee.  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 ten minutes
after the Committee 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/she can submit it in
writing to the proper officer who will arrange for a written answer to be provided
within seven working days. 
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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 
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MORAY COUNCIL 
Minute of Meeting of the Licensing Committee 
Wednesday, 23 March 2022 
Remote Locations via Video Conference, 
PRESENT 
Councillor George Alexander, Councillor James  Allan, Councillor David Bremner,
Councillor Theresa Coull, Councillor Gordon Cowie, Councillor Ryan Edwards,
Councillor Donald Gatt, Councillor Marc Macrae, Councillor Ray McLean, Councillor
Derek Ross, Councillor Amy Taylor, Councillor Sonya Warren 
APOLOGIES 
Councillor Maria McLean, Councillor Louise Nicol 
IN ATTENDANCE 
Also in attendance were Sean Hoath, Senior Solicitor, Tracey Sutherland
Committee Services Officer, Moray Council and Sergeant Neil Grant, Police
Scotland.   
1.         Declaration of Group Decisions and Members Interests 
In terms of Standing Order 20 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.    
2.         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 Item 3 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.  
Paragraph Number
of the Minute Paragraph Number of Schedule 7A and reason
7
14
Information relating to any action taken in connection with
the prevention, investigation or prosecution of crime. 
3.         Minute of Meeting 9 February 2022 
The minute of the meeting of 9 February 2022 was submitted and approved.  
Item 4.
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4.         Minute of Special Meeting of 2 March 2022 
The minute of the meeting of 2 March 2022 was submitted and approved.  
5.         Written Questions ** 
The Committee noted that there were no written questions.  
6.         Question Time *** 
The Committee noted that no further questions were asked.  
7.         Application for Taxi Driver License TD22 - 002 
A report by the Depute Chief Executive (Education, Communities and
Organisational Development) asked the Committee to consider an application for
the granting of a taxi driver licence received on 18 February 2022 subject to an
objection received from a consultee.  
The Committee noted that the applicant was not in attendance.  The Senior
Solicitor confirmed that the applicant had been sent a Notice of Hearing and the
notice was sent recorded delivery and duly signed for.  He further added that it was
for the committee to decide whether to continue with the hearing or to defer and
give the applicant the opportunity to attend.  
Councillor Alexander advised that he was happy for the Committee to carry on in
the absence of the applicant and there being no one otherwise minded the
Committee continued.  
On the invitation of the Chair, Sergeant Grant addressed the Committee and
responded to questions from Members.  
Councillor Alexander, stated that, in his opinion on hearing all the information
presented the tests had been met, and the applicant was not a fit and proper
person to hold a taxi driver licence and the carrying out the activity is likely to
cause undue public nuisance or a threat to public order or public
safety.  Accordingly Councillor Alexander moved to refuse the application being
satisfied that the circumstances and threat justified the decision.  This was
seconded by Councillor Bremner.  
There being no one otherwise minded, the application was refused.     
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REPORT TO: LICENSING COMMITTEE ON 22ND JUNE 2022 
SUBJECT: THE CIVIC GOVERNMENT (SCOTLAND) ACT 1982 (LICENSING 
OF SHORT-TERM LETS) ORDER 2022 
BY:  DEPUTE CHIEF EXECUTIVE (EDUCATION, COMMUNITIES AND
ORGANISATIONAL DEVELOPMENT) 
1. REASON FOR REPORT 
1.1 The reason for this report is to inform the Committee of the requirement to
introduce a new licensing regime for Short Term Lets in Moray and of the
work in progress to deliver this and to seek agreement to recommend to
Council for an amendment to the existing Scheme of Delegation to deal  with
the new licence type. 
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  
It is recommended that the Committee:- 
2.1 Note the requirement to introduce a new licensing regime;
2.2 Note the ongoing work to progress this;
2.3 Note the short timescale and the potential additional resource
requirements to implement a complete new regime; 
2.4 Note and agree a light touch approach to the introduction of the
licensing regime with the requirement to keep the matter under review;
and
2.5 Recommend to the Council that the existing licensing scheme of
delegation be amended to include short term lets. 
3. BACKGROUND 
3.1 The Civic government (Scotland) Act 1982 Licensing of Short Term Lets
Order 2022 (“the Order”) came into force on the 1 March 2022 
3.2 The Order amends the Civic Government (Scotland) Act 1982 to introduce a
new licensing regime for short term lets under that Act. Therefore the licence
regime will follow the standard processes set by the 1982 Act. 
3.3 The definition of a short term let means the use of residential accommodation
provided by a host in the course of business to a guest and includes certain
Item 6.
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other criteria e.g. the guest is not related ot the host and the guest does not
use the accommodation as their principal home. There is no mimimum time
for the letting. 
3.4 Short-term lets can offer people a flexible and cheaper option when travelling,
and have contributed positively to Scotland's tourism industry and local
economies across the country. The Scottish Government has put in place this
licensing scheme to ensure basic safety standards are in place across all
short-term lets operating in Scotland, while also providing discretionary
powers to licensing authorities to address the needs and concerns of local
communities. Improved visitor experience and confidence will benefit tourism
and the economy. 
3.5 The Regulations provide for the licensing of Short term Lets in order to:
a) ensure all short-term lets are safe; 
b) facilitate licensing authorities in knowing and understanding what is
happening in their area; and
c) assist with handling complaints and effectively address issues faced by
neighbours.
3.6 The Scottish Government has developed guidance in consultation with the
Short-Term Lets Stakeholder Working Group comprising a wide range of
industry, local authority and community stakeholders. This non-statutory
guidance was published on 22 March 2022. It is split into two parts: Part 1 is
for hosts and operators (Appendix 1) and Part 2 (Appendix 2) for Scottish
licensing authorities, letting agencies and platforms facilitating short-term lets
in Scotland.
3.7 The idea of short term lets has been debated for a considerable time.
However it can be seen that the idea has only relatively recently been
finalised by the Scottish Government. It has also been introduced as a
requirement on local authorities in the same year as local government
elections which has created additional time pressure on the planned
introduction. In reality this has meant officers have a matter of a few months to
implement a whole system for a new licence type.
3.8 It is also fair to say that, whilst the Scottish Government wishes to introduce
the licence regime, it also wishes local licensing authorities to minimise the
cost to the local trade. As will be explained in more detail below this presents
the licensing authority with a problem. Licensing is supposed to be self
funding i.e. licence fees must be designed to recover the cost to the council of
providing the licensing function. Therefore the more onerous the system, the
more expensive it will become to operate and the higher the fees will be to
recover that cost.
3.9 Key dates are:
• 01 October 2022 introduction of licensing regime and acceptance of
applications
• 01 April 2023 all existng operators to apply for a licence by this date
• 01 July 2024 all existing operators to obtain a licence by this date
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3.10 Licensing staff have been working in the background on developing the new
licence type. There is a large amount of work to do and it is being made much
more difficult by the short timescale. 
3.11 Implementation is also hampered by many unknown quantities, the most
important of which is the likely number of short term lets. Given the wide
definition detailed above, the number of likely licence applicants is simply not
known. The Scottish Government has estimated approximately 600-700 in
Moray. Various websites that advertise short term lets indicate the figure may
be higher. Licensing staff have also engaged with local trade bodies. Judging
by all information available it could be 600 or it could be as many as 900. This
makes a huge difference to the processing requirements and the likely fee
structure.
3.12 As stated licensing staff have been working on developing a full licence
process. Issues that Committee should be aware of include:  
a) It is a relatively straightforward process to develop forms and guidance in
paper format; 
b) Licensing staff have been working on information gathering and
dissemination to better inform the process. This is proving difficult when
competing with all other council services for ICT time; 
c) The council uses bespoke licensing software known as Uniform for the
processing of licence applications-options for extending this are currently
being explored; 
d) Unfortunately it is not a quick or easy process to develop online forms. For
other licence types the Council relies on the Gov.uk website that
developed a standard online application process. Unfortunately short
terms lets are not within the scope of the Gov.uk site. So the council
would have to develop its own. A truly online system would enable users
to fill in forms online and that would then directly populate the council’s
licensing database. In the absence of a truly online solution it will be
necessary for admin staff to re-key all data into the Uniform system. That
is a labour intensive process. 
e) Therefore it is certain that the licensing service will require additional
administrative resources to process a large number of applications. This is
likely to be one additional administrative post  -but any decision to seek to
increase the staffing within the legal services admin team will be reported
to the relevant committee if required at the relevant time. This and all
other costs will need to be built into the licence fees. 
f) It is proposed that consultation with relevant internal and external partners
takes place as it does with other licence types. That would include the
following partners: Building Standards, Enviromental Health, Planning,
Police Scotland and Fire and Rescue Scotland. There is no specific
provision for consultation with the police but it is proposed that, as with all
licence types, such consultation takes place. The decision will then lie with
the police as to whether or not they wish to respond to the consultation.
Application forms will ask applicants if they have sought relevant planning
permission and/or building warrant approval. Whilst licensing will not
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duplicate other regulatory regimes but it may alert other services to
regulatory issues. 
g) Licensing staff have consulted with other council services (Enviromental
Health, Planning, Building Standards and Mail Room). The purpose of this
internal meeting was to discuss the impact the Short Term Lets Licensing
regime would have on existing services who are already under pressure.
The concerns raised were consistent in that, in order to undertake a full
review of licence consultations, examine plans, check records, undertake
any necessary inspections and respond within strict timescales (28 days
for Civic Government licences) further resources would be required. For
example Enivromental Health stated that they would require an additional
member of staff to conduct the processing of the licence consultations as
well as staff to undertake inspections. If licensing is to be self funding then
it will be necessary to look at the views and the impact of implementing
this regime has across all council services who would be involved. 
h) Licensing staff have therefore looked at the possibility of relying on other
means of satisfying as many of the requirements as possible to reduce
the administrative burden. This is the only approach that can be taken to
reduce costs and also to reduce the likely fee for the applicants. Examples
include having regard to pre-existing accreditation/inspections by other
organisations. Travel and/or trade bodies offer varying accreditations for
short term lets. Another option is self-declaration whereby applicants self
certify facts which will significantly reduce the need for inspections and
consultations thereby reducing some of the pressure on some of the
services within the Council. As with all licensing applications, it is an
offence to deliberately make a false statement on the application and this
provides a degree of comfort in respect of self certification. 
i) Officers are not suggesting that inspections will never take place. Where
there is a significant need for an inspection there will be one. This will be
allowed for in a specific and separate inspection fee that would only be
payable if a visit was warranted. 
j) The licence will be subject to a prescribed set of standard conditions that
apply to all licences, as set out in the guidance. The licensing authority will
also have the power to add such further conditions to licences as it
considers necessary. 
k) The default position for the Civic Government licence is that it is granted
for a period of 3 years, although the Committee has the power to grant a
licence for a shorter period. It is proposed that in the absence of issues,
licences granted under delegated powers will be granted for 3 years. This
means that the application process will be cyclical. Approximately 600-900
licences will need to be renewed each 3 years. This complicates any
additional staffing provision by making demand for time cyclical and that
would have to be factored into calculations. 
3.13 All proposals together would put the licence process on what could be termed
a” light touch” approach. 
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3.14 The Guidance provides that the licensing authority may charge such fee as is
necessary to: (a) consider the application; (b) cover any inspection; (c) the
anticipated cost of monitoring compliance including any inspection; and (d) the
reasonable anticipated cost of enforcement. The fee must not exceed the
reasonable cost so is designed to be cost recovery as with other licence fees.
However, unlike other licence fees, there is specific statutory authority to
recover the anticipated cost of ongoing inspection and enforcement rather
than just processing the application. It can be seen from this that fees could
rapidly increase by the introduction of a full licence process as opposed to the
light touch approach. 
3.15 The Scottish Government has stated it would like licensing authorities to
minimise the burden on the trade. That means keeping fees as low as
possible. The Scottish Government set out what it thought would be average
indicative fees in its Business and Regulatory Impact Assessment, estimated
to be between £214 and £436 to cover a 3 year licence. To keep fees at that
level will be difficult on a light touch approach and would simply not be
possible on a full consultation and inspection process. The fee for a full, in
detail process would increase estimates dramatically. As stated, with the
unknown quantities this is something that is going to be very difficult to gauge. 
3.16 If we consider the licence type of Houses in Multiple Occupation (HMO’s) for
comparison purposes. The Council employs an HMO officer. Other than that
all licensing processing and consultations comes from existing resources as
application numbers are low. HMO fees range from £1800 to over £3340 per
application, depending on the number of occupants. Short term lets would
appear to require multiple new members of staff across the council to service
an in depth process with large numbers of applicants. 
3.17 There is no requirement for the licensing authority to produce a general
statement of policy for the the Short Term Let Licence. Indeed a full policy
statement is not normal for Civic Government licence types. However
guidance does appear to require a policy on the use of Temporary Licences
and Temporary Exemptions. Temporary licences are not generally used in
Civic licensing as the cost of processing a temporary licence for up to 6 weeks
is not much lower than the cost of processing a 3 year licence. Temporary
exemptions may be used for special events taking place in an area and again
it is suggested that this is suitable for light touch and delegation. 
3.18 As with other licence types it is proposed that most applications will be
determined under delegated powers and the delegated powers list should be
amended accordingly to include this specific licence type.. 
3.19 Officers will be reporting to Committee in full at the next meeting on the 7
September 2022 with details of progress. This is expected to include a full
draft process, forms and guidance and options in respect of likely fees for
approval and implementation. 
3.20 A further meeting has been set for the 21st September in case it is required for
final adjustments to the process. 
3.21 The recommended option is likely to take a light touch approach to the licence
type in order to minimise the administrative burden and therefore the likely fee
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for applicants. If accepted by the Committee the light touch approach will be
kept under review and updates will be reported to the Committee as required. 
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 
Policy and Legal implications have been explained above. 
(c) Financial implications 
The costs associated with the new licence types represents a large amount of
staff time engaged in gathering and presenting information. Considerable staff
time has been required to develop a full application process and this time
currently  is being met from existing budgets. 
Licensing is legally required to be self funding so the council is required to set
fees so as to ensure, as far as possible, that the income from applications
covers the cost to the council of providing the licensing function. The cost
includes all associated costs across all council services involved in processing
applications or responding to consultations or dealing with monitoring and
compliance issues.  
(d) Risk Implications 
None identified. It is a legal requirement to implement this new licence types
introduced by new legislation. The requirement is to have everything in place
by the 1st October 2022. There is no penalty to the council for failing to meet
this deadline but it may have a knock-on effect in terms of the trade being
able to obtain a licence in time for the final  deadline of 01 July 2024 
(e) Staffing Implications 
Staff time for developing the licence type is being met from existing resources
currently however there is increasing pressure across all services.
Licensing will require to increase its administrative provision in order to
process the likely number of applications but this will be addressed at the
appropriate stage.
In addition anything other than a light touch approach to licensing will require
increased staffing provision across multiple services within the council.
Licensing staff would need to liaise with other services over the likely
recruitment, cost and cost recovery provision for additional staff. 
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(f) Property 
There are no property implications arising from this report. 
(g) Equalities/Socio Economic Impact 
No impact identified over and above the usual equalities considerations for
licensing where the licensable activity cannot take place without a licence in
place. This can affect the livelihood of licence applicants. 
(h) Climate Change and Biodiversity Impacts 
No additional impact identified. Most short term lets are already trading as
such and this is just a legal requirement to obtain a licence for such activity. 
(i) Consultations 
Formal consultation is not required at this time but the licensing team will
continue to engge with interested parties. 
5      CONCLUSION 
5.1 The Committee is invited to note the requirement to introduce a short
term licensing regime, note the progress made and the difficulties faced
including timescales. Note and approve plans to continue  with a light
touch approach in relation the Short Term Lets Licence that will be kept
under review and the planned changes to the scheme of delegation and
staffing provision. 
Author of Report: Sana Sarwar 
Background Papers: 
Ref: 
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Short Term Lets in Scotland
Licensing Scheme
Part 1 Guidance for Hosts and Operators
March 2022
Item 6.
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Page 2 of 54
Contents 
Part 1.  Guidance for Hosts and Operators 
1. Introduction
a. Purpose of guidance
b. Purpose of the licensing scheme
c. What the licensing scheme is and where it applies
d. How licensing works
e. Temporary exemptions
f. Temporary licences
g. What happens next 
h. Development of the licensing scheme and guidance
i. Updates
2. Getting ready to apply for a licence
a. Planning permission
b. Who can make an application
c. Information about those named on the application 
d. Mandatory conditions
e. Additional conditions
3. Making an application for a licence
a. Overview
b. Application checklist
c. Who should be named on the application
d. Owners’ consent
e. Fit and proper person test
f. Duration of your licence
g. Fees
4. How your licensing application will be determined
a. Relevant considerations
b. Confirming the facts of your application
c. Notifying neighbours
d. Handling objections
e. The licensing committee
f. Determining your application
g. Timescales for determination
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Page 3 of 54
h. Your rights of appeal
i. Time limit on reapplying
j. How your data will be managed
5. Responsibilities upon obtaining your licence
a. Information to be displayed 
b. Listings to include licence number, maximum occupancy and EPC
rating
6. Staying compliant
a. Complying with licence conditions
b. Requesting changes to your licence
c. Visits to your premises
d. Suspensions and revocations
e. Renewing your licence
f. Surrendering your licence
7. Glossary of terms 
Annex A – What is a short-term let
Annex B – Application checklist 
Annex C – Template site notice and certificate of compliance 
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1. Introduction
1.1. The Civic Government (Scotland) Act 1982 (Licensing of Short-term Lets)
Order 20221 was passed by the Scottish Parliament on 19 January 2022 and
came into force on 1 March 2022.
1.2. This guidance is intended for hosts and operators of short-term lets in
Scotland to explain their responsibilities to comply with this legislation. Hosts
and operators may be individuals or organisations such as partnerships,
charities, trusts or companies who provide short-term lets. 
1.3. There is also supplementary guidance for licensing authorities2 (about
establishing and operating licensing schemes for short-term lets), which you
can refer to for more detailed information.
1.4. Separate planning guidance3 has been produced for hosts and operators. You
should check if your accommodation lies within a control area, as obtaining
planning permission may be a requirement of applying for a short-term let
licence. 
1.5. This guidance is non-statutory and should not be interpreted as offering
definitive legal advice.  If in doubt, you should seek your own legal advice.
(a) Purpose of guidance
1.6. This guidance will help you understand:
• whether your accommodation falls within scope of the legislation (see
Annex A)
• what you need to do to apply for a licence 
• what you need to do to comply with the requirements of the licensing
scheme and relevant regulations
• your responsibility to comply with the conditions set out in your licence 
• how to renew your licence 
1.7. Annex A can help you to establish whether your accommodation and
premises are classed as short-term lets under the definition set out in the                                             
1 The Civic Government (Scotland) Act 1982 (Licensing of Short-term Lets) Order 2022
(legislation.gov.uk)
2 https://www.gov.scot/isbn/9781804351291
3 Short term lets: planning guidance for hosts and operators - gov.scot (www.gov.scot)
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legislation. This guidance is intended for hosts and operators who have
established their accommodation and premises is within scope.
1.8. Words with a particular meaning are highlighted in bold and explained where
they first appear and the explanation is repeated in the glossary at the end of
this guidance.
(b) Purpose of the licensing scheme
1.9. Short-term lets can offer people a flexible and cheaper travel option, and
have contributed positively to Scotland’s tourism industry and local economies
across the country. The Scottish Government has put in place this licensing
scheme to ensure basic safety standards are in place across all short-term
lets operating in Scotland, while also providing discretionary powers to
licensing authorities to address the needs and concerns of local communities.
Improved visitor experience and confidence will benefit tourism and the
economy. 
1.10. The aims of the licensing scheme are:
• to ensure all short-term lets are safe;  
• to facilitate licensing authorities in knowing and understanding what is
happening in their area; and
• to assist with handling complaints and address issues faced by neighbours
effectively. 
(c) What the licensing scheme is and where it applies
1.11. The licensing scheme applies to the whole of Scotland and will be
implemented by licensing authorities. Your licensing authority is the local
authority4 in whose area your accommodation is located.
1.12. There are some conditions that every short-term let in Scotland will need to
follow – these are called mandatory conditions and are primarily about
ensuring that guests and neighbours are safe. They are set out in the
Licensing Order and licensing authorities have no choice about implementing
these. Many hosts and operators will already be complying with these
mandatory conditions because some of them are required by existing law and
others are best practice.
1.13. Licensing authorities can also set additional conditions to address any
specific local circumstances or concerns. These additional conditions might
apply to everyone in that licensing authority area or might be specific to your                                             
4 Section 2 of the 1982 Act.
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property. Examples of additional conditions are set out in licensing guidance
part 2. 
(d) How licensing works
1.14. You will need a separate licence for each of your premises, whether or not
they are in the same licensing authority area. However, a single licence may
be issued in respect of unconventional accommodation (not a
dwellinghouse) where there is more than one separately bookable property
on the site.
1.15. You do not need a separate licence for short-term lets on the same premises. 
For example, if you are letting out two rooms in your home, that would be
covered by one licence.
1.16. Your licence will specify the type of short-term let for which the premises can
be used. Licensing authorities will issue a licence for a premises for either:
• home sharing;
• home letting;
• home sharing and home letting; or
• secondary letting 
(e) Temporary exemptions
1.17. Your licensing authority can grant temporary exemptions to the requirement to
have a licence5.  They can do this for a specified single continuous period not
exceeding 6 weeks in any period of 12 months.
1.18. They might do this to accommodate a large influx of visitors over a short
period to support sports championship competitions and arts festivals, for
example. To get a temporary exemption, you need to apply for one.
1.19. There are some important differences between applying for, and operating
with, a temporary exemption and having a licence.  Your licensing authority
might:
• ask for the application to be made on a different (shorter) form; 
• charge a different (lower) fee; 
• ask for less information than on a licence application; and
• not apply some of the mandatory conditions.                                             
5 Paragraph 1A of schedule 1 to the 1982 Act, inserted the Licensing Order.
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1.20. Your licensing authority can check and enforce any conditions that are
attached to your exemption. Your licensing authority would have the right to
visit your premises.
1.21. Your licensing authority may choose not to issue any temporary exemptions
under any circumstances or may have specific criteria that they apply. If you
think a temporary exemption might be the right approach for your
circumstances, you should check your licensing authority’s short-term lets
temporary exemptions policy statement, which you should be able to find on
their website. You should also check whether there is a deadline for
applications to be made in order to secure a temporary exemption. 
1.22. Your licensing authority can grant or refuse an application for a temporary
exemption.  If they grant your application, you will be given a temporary
exemption number (like a licence number).
1.23. You should be aware that a temporary exemption from the requirement to
have a licence does not affect the way planning rules apply to you. If any
temporary changes to planning rules have been made (for example to handle
a major international event), your planning authority will publicise these.
(f) Temporary licences
1.24. Licensing authorities can issue temporary licences6 but they need not do so. 
If you are granted a temporary licence, it can last for up to six weeks or longer
if you have also made an application for a licence. If you have applied for a
licence, your temporary licence will last until your licence application is finally
determined.
1.25. Your licensing authority website will explain whether and how your licensing
authority issues temporary licences, including how long it takes to issue them.
1.26. If you are granted a temporary licence, you will be given a temporary licence
number. You must comply with all the mandatory conditions. 
1.27. You must not use your premises for a type of short-term let that is outside the
scope of your licence. If you want to make a change to the type of letting
being carried out, you must apply to the licensing authority that issued the
licence. 
6 Under paragraph 7(6) of schedule 1 to the 1982 Act.
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(g) What happens next
1.28. Licensing authorities must have their licensing scheme ready to receive
applications by 1 October 2022. 
1.29. After 1 October 2022:
• new hosts and operators will need to have a licence. This means that,
if you were not using your premises to provide short-term lets before 1
October 2022, you can advertise but not take bookings or receive guests
until you have obtained a licence. 
• existing hosts/ operators (those using accommodation to provide short-
term lets before 1 October 2022) have until 1 April 2023 to apply for a
licence. During this period you can operate without a licence (by
continuing to take bookings and receiving guests) unless your licence
has been determined, and your application rejected. You will need to be
able to prove that you used the property for short-term lets, for example
through evidence of bookings and payments, as part of your initial
application. After 1 April 2023, existing hosts can only continue to
operate if they have:
a) Submitted an application for a licence on or before 1 April 2023 that
has not yet been determined; OR
b) Been granted a short-term let licence.
1.30. On or after 1 October 2022, it is a criminal offence for any person to continue
to operate after their licence application has been determined and refused.
1.31. All short-term lets in Scotland will need to be licensed by 1 July 2024. On or
after 1 July 2024 operating without a licence is unlawful in all cases. 
1.32. This is summarised in the following table:
Period Rules for hosts and operators
From 1 October
2022
• New hosts must not operate without a licence 
• Existing hosts can operate without a licence (but
must continue to comply with existing laws and
regulations)
• Existing hosts should use this time to make a
licence application. 
• Existing hosts must cease operating within 28 days
if their licence application is refused (guests should
be asked to leave immediately if they are at serious
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risk of harm). Guests with affected bookings should
be offered a full refund.
From 1 April
2023
• New hosts must not operate without a licence
• Existing hosts can operate without a licence but
only if they have submitted an application and it has
not been determined. They should make it clear in
their terms and conditions that bookings are
conditional on compliance with the licensing
scheme.
• Existing hosts must cease operating within 28 days
if their licence application is refused (guests should
be asked to leave immediately if they are at serious
risk of harm). Guests with affected bookings should
be offered a full refund.
From 1 July 2024 • All hosts must have a licence
• Any host must cease operating within 28 days if
their licence application is refused
1.33. Operating without a licence is a criminal offence so it is important to get a
licence in good time if you need one.
(h) Development of the licensing scheme and guidance
1.34. This guidance has been produced by the Scottish Government with input from
a stakeholder working group. You can find out more about how the licensing
scheme was developed on the Scottish Government website: Short-term lets:
regulation information - gov.scot (www.gov.scot)
(i) Updates
1.35. This version of the guidance relates to the Licensing Order approved by the
Scottish Parliament on 19 January 2022 but will be kept under review and
updated as required. 
1.36. The latest version will always be available at: Short-term lets: regulation
information - gov.scot (www.gov.scot)
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2. Getting ready to apply for a licence
2.1. Before you apply for a licence, you should be aware that in assessing your 
application, your licensing authority will consider:
• your suitability and that of the other people named on your application
form; 
• your compliance / ability to comply with the mandatory conditions
(applicable to all short-term lets across Scotland); 
• your compliance / ability to comply with any additional conditions that the
licensing authority might attach to your licence (either specific to your
accommodation, or specific to short-term lets in your local authority); and
• the suitability of your premises in the context of the licensing authority's
policies. 
2.2. In addition, you should check your local authority’s planning policies to find out
if you need to obtain planning permission before applying for a licence.
Further information is set out in the Planning Guidance for Short-term Lets7.
(a) Planning permission8
2.3. You are advised to check whether you need planning permission to use your
property to provide short-term lets, see the planning guidance.  Your
licensing authority can refuse to consider your application if it looks like you
need planning permission and you do not have it.
2.4. This mandatory licence condition9 is only relevant if:
• your premises is in a control area – if in any doubt, check with your
planning authority;
• you are using it for secondary letting; and 
• it is a dwellinghouse.
2.5. If this applies to you, then you must have made an application for planning
permission or already have planning permission before you apply for a
licence. You must also make sure that you continue to have planning
permission whilst you have a licence.
2.6. It is possible that your planning authority could designate a control area
affecting your premises after you have been granted a licence. To comply with                                             
7 Short term lets: planning guidance for hosts and operators - gov.scot (www.gov.scot)
8 Paragraph 12 of schedule 3 of the Licensing Order.
9 Of course, you must comply with planning law more generally but this is a mandatory condition of
the short-term let licence application requirements which you must comply with for licensing purposes.
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this licence condition, you should submit a planning application as soon as
possible after the control area is designated. Your licensing authority will
make reasonable allowance for you to do this.
2.7. In general, licence fees are not refundable. The Scottish Government expects
licensing authorities to publish their policy on refunds so you can see your
licensing authority’s position before you make an application. Therefore, if you
have been granted a licence, and are subsequently refused planning
permission following the designation of a control area we do not expect you
will be refunded.
(b) Who can make an application
2.8. Before you make an application for a licence, you must identify all the people
who need to be named on the application form.  
2.9. You, as the host or operator, can apply for a licence to use your (or someone
else’s) premises to provide short-term lets. You can also ask another person
to make the application on your behalf.  For example, you might ask:
• your solicitor; or
• your letting agency or property management company.
2.10. You, as the host or operator, are the person responsible for granting
agreements with guests to use the property, even if this is delegated to
another person or company on a day-to-day basis.
2.11. If you do not own the premises, then you must have the permission of the
owner(s) to make an application for a licence. For example, you may be a
tenant and want to use your property for home sharing or home letting. You
should first make sure that your tenancy agreement would allow you to do this
in general terms and then seek the specific permission of your landlord.
(c) Information required about those named on the application
2.12. You should be ready to provide the following information on your application
form.
a) If you are applying as an individual:
• your full name;
• your date and place of birth;
• your address; 
• your address history for last five years; and
• e-mail and telephone number. 
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b) If you are applying as a corporate entity (e.g. company or charity):
• your full name;
• the address of its registered or principal office;
• the names and private addresses and dates and places of birth of its
directors, partners or other persons responsible for its management,
including trustees in the case of charities.
2.13. Where you intend to appoint somebody else to manage your property, similar
details must be provided for your agent or day-to-day manager, irrespective of
whether you are applying as an individual or a corporate entity.
2.14. You must have the consent of the owner (or each owner) and your application
will be refused if that is not provided. Where premises are owned by multiple
owners, you must provide:
a) a declaration from each other owner, or each owner, that they consent
to the application, or
b) a declaration from a person who is authorised to act on behalf of all the
owners.
(d) Mandatory conditions
2.15. The licensing scheme requires all short-term lets to comply with mandatory
conditions which apply in Scotland10. You therefore need to check you comply
before making your application and, if relevant, undertake work to ensure you
meet the conditions.
2.16. You may be able to do some or most of the checks and work yourself by
following this and other guidance (depending on your own background,
qualifications and experience). Where you do need assistance, it is worth
noting a number of local authorities operate trusted trader schemes, which
can help you to find honest and reliable tradespeople.
2.17. The mandatory conditions relate to:
• day to day management of the short-term let only being carried out by the
holder of the licence (see 3.10 to 3.14)
• only operating under the type of licence you have been granted (see 3.1)
• fire safety
• gas safety
• electrical safety
• water safety
• safety and repair standards                                             
10 Set out in schedule 3 of the Licensing Order.
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• maximum occupancy
• displaying information (see 5.1)
• planning permission (see 2.3 to 2.6)
• listings (see 5.2)
• insurance
• payment of fees
• providing true and accurate information (i.e. not providing false and
misleading information)
Fire safety: general 
2.18. The Licensing Order sets out some conditions around fire safety which your
licensing authority will want to check for licensing purposes.  Please note that
you must also comply with other requirements in the Fire (Scotland) Act 2005,
which the Scottish Fire and Rescue Service are responsible for enforcing. 
2.19. The 2005 Act requires the person who has control of the premises to provide
fire safety measures, including risk reduction measures, means of fire
warning, fire-fighting, escape, staff training and instruction, as well as
emergency procedures. It sets out fire safety responsibilities and seeks to
ensure people are safe from harm caused by fire.
2.20. You must take appropriate action to:
• assess the risk from fire in your premises;
• identify the fire safety measures necessary as a result of the assessment
of risk;
• implement these fire safety measures, using risk reduction principles;
• put in place fire safety arrangements for the ongoing control and review of
the fire safety measures;
• comply with any further specific requirements of the fire safety regulations;
• keep the fire safety risk assessment and outcome under review; and
• maintain good records. 
2.21. You can find out more in Practical Fire Safety Guidance For Premises with
Sleeping Accommodation. Broadly speaking, Annex 2 of this guidance is
aimed at premises used for secondary letting with no more than 10 guests
and home sharing with no more than 8 guests. If you are in doubt about your
legal obligations, you may wish to seek further advice.
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2.22. You can find out more information about how to conduct a fire risk
assessment from the Scottish Fire and Rescue Service, including information
about registered and accredited fire risk assessors.
Fire safety: the premises11 
2.23. This is stated explicitly in the Licensing Order and applies to all premises.  (It
is the same as the repairing standard.) Therefore, every host and operator
should be complying with this requirement. 
2.24. 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 can be found in Tolerable Standard
Guidance: Satisfactory Fire Detection and Satisfactory Carbon Monoxide
Detection.
Fire safety: furniture and fittings 
2.25. You could comply with this condition by:
• keeping photographic evidence;
• removing and retaining the labels themselves; or 
• keeping receipts which confirm compliance (for example by providing a
reference number or accurate description of the product).
2.26. You do not have to ensure that furnishings and mattresses retain their fire
safety labels. This might be difficult to rely on because guests might deface or
remove them.                                             
11 Paragraph 3 of schedule 3 of the Licensing Order.
You must ensure your 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—
a) ensure that all upholstered furnishings and mattresses within the
parts of the premises which are for guest use, or to which guests are
otherwise permitted to have access, comply with the Furniture and
Furnishings (Fire Safety) Regulations 1988,
b) keep records showing that all upholstered furnishings and mattresses
within the premises comply with the Regulations.
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2.27. If you are home sharing (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, for example your bedroom.
Gas safety12
2.28. When you apply, you must be able to provide confirmation (if requested) that
a currently valid, annual gas safety check has been carried out on all gas
appliances by a Gas Safe registered engineer. 
2.29. If your licence lasts for more than one year, it is your responsibility to ensure
that a gas safety inspection is completed each year.
2.30. If you do not use any form of gas (you have no gas connection or private
storage tank), then you do not need to take any action.
Electrical safety13
2.31. A competent person must produce both the Electrical Installation Condition
Report and the Portable Appliance Testing Report but it need not be the same                                             
12 Paragraph 5 of schedule 3 of the Licensing Order.
13 Paragraph 6 of schedule 3 of the Licensing Order.
Where your 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 let their
accommodation until the works necessary to bring the appliance to
the required safety standard have been carried out.
If you have electrical fittings or items in the premises, you 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.
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person. The definition of an Electrical Installation Condition Report is set out in
the Licensing Order14.
2.32. The Scottish Government has produced statutory guidance on electrical
installations and appliances in private rented property.  Annex A of that
guidance sets out who is competent to conduct an Electrical Installation
Condition Report and you should have regard to this advice. Electrical Safety
First have also produced a landlords’ guide to electrical safety. You will find
these helpful as the standards that apply to private residential tenancies also
apply to short-term lets.
2.33. At the time of this guidance publication, the minimum standard for electrical
safety inspections to be carried out is at least every five years, as set out in
the IET wiring regulations BS 7671.
Water: private supplies15
2.34. If your premises is supplied with water from Scottish Water, then you do not
need to take any further action in respect of this condition.
2.35. If your premises has a private water supply, then you must comply  with
requirements on the owners of private dwellings in the 2017 Regulations.  You
can find more information and guidance from the Drinking Water Quality
Regulator for Scotland: Guidance on the Water Intended for Human
Consumption (Private Supplies) (Scotland) Regulations 2017 | DWQR.
Water: Legionella16 
2.36. The Legionella risk assessment does not need to be carried out by a
professional; you can do it yourself. The risks from hot and cold water
systems in most residential settings are generally considered to be low
because water is used regularly and does not stagnate.
2.37. You are advised to keep a brief record of what assessment you did, as your
licensing authority may want to see it. Your licensing authority may also
provide a template legionella risk assessment form which you can use to
complete your assessment.                                             
14 Paragraph 18 of schedule 3 of the Licensing Order.
15 Paragraph 8 of schedule 3 of the Licensing Order.
16 Paragraph 9 of schedule 3 of the Licensing Order.
You must assess the risk from exposure to Legionella within your premises,
whether or not it has a private water supply.
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2.38. You can find out more on the Health and Safety Executive webpage on
legionella and landlords’ responsibilities
Safety
2.39. Generally, you must take all reasonable steps to ensure the premises is safe
for residential use17. The Licensing Order and this guidance cannot anticipate
every circumstance. Safety may be checked by a suitably qualified council
official, such as an Environmental Health Officer. They will tailor any
inspections they carry out to the particular circumstances of your premises.  
The repairing standard for houses and flats18 
2.40. The repairing standard requires:
• your premises to be 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 and for sanitation,
space heating 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 a satisfactory way of detecting fires and for giving
warning in the event of a fire or suspected fire;
• the premises must have satisfactory provision for giving warning if carbon
monoxide is present in a concentration that is hazardous to health.
• the premises must meet the statutory tolerable standard.                                             
17 Paragraph 10 of schedule 3 of the Licensing Order.
18 Paragraph 10(2) of schedule 3 of the Licensing Order, which applies the requirements of Chapter 4
of Part 1 of the Housing (Scotland) Act 2006.
Where your premises is a dwellinghouse, you must ensure that the
premises meet the repairing standard.
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2.41. The Tolerable Standard is the minimum standard for all housing, and a home
which falls below this standard is considered to be unfit for human habitation.
2.42. The Repairing Standard is higher (and all housing which meets the Repairing
Standard must meet the Tolerable Standard).  Private residential tenancies
and HMOs are also required to meet the requirements of the Repairing
Standard.
2.43. If you are using a dwellinghouse for secondary letting, you must have a valid
EPC certificate issued within the last 10 years.  Note that you can be fined for
failing to hold a valid EPC certificate for your premises under building
standards legislation19. Guidance on EPC requirements for holiday lets can be
found here: Energy Performance Certificates for Holiday Lets: guidance -
gov.scot (www.gov.scot) If you have bought your property recently, you may
wish to refer to the Home Report for the property. EPC’s are typically included
within Home Reports.
Maximum occupancy20 
2.44. You should state in your application how many guests you would like to
accommodate. Check with your licensing authority as it may publish criteria on
maximum occupancy to help you work this out for your premises.
2.45. The licensing authority will want to consider the number of beds, bedrooms,
size of the premises and means of escape. It may wish to visit your premises
or ask to see floor plans.
2.46. Your licensing authority may specify on your licence that your guests may
bring a certain number of small children and these would not count towards
the occupancy of the premises. Children above the age limit specified on your
licence and any additional children of any age would count towards the
occupancy. 
2.47. Your licensing authority will consider the facts and circumstances of your
application and determine the maximum number of guests you can
accommodate (and your licence will state this). 
2.48. However, the licensing authority may also consider:                                             
19 The Energy Performance of Buildings (Scotland) Regulations 2008.  See Energy Performance
Certificates: introduction - gov.scot (www.gov.scot).
20 Paragraph 11 of schedule 3 of the Licensing Order.
You must ensure that the number of guests residing in the premises does
not exceed the number specified in the licence.
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a) the maximum number that can be accommodated safely; and
b) the maximum number that can be accommodated within tolerable noise
and nuisance standards for neighbours.
2.49. If they grant your application, they will normally set the lowest number out of:
the number you asked for; the maximum safe number; and the maximum
tolerable number.
Insurance for buildings and public liability21 
2.50. This condition is important to protect your interests, those of the owner of your
premises, neighbours and guests, should any accident, damage or injury
occur. You must make sure that insurance cover remains in place for the
duration of each short-term let agreement.
2.51. The buildings insurance must cover the short-term let activity but this could be
through your own insurance policy or through a shared policy covering the
premises (e.g. for an apartment block) or insurance taken out by the owner.
Payment of fees22 
2.52. Your application will not be considered unless you pay the relevant fee. Your
licence will also not be renewed if you do not pay the appropriate renewal fee. 
Some licensing authorities might allow fees to be paid in instalments and your
licence might be suspended or revoked if you do not keep up with your
payments.
False or misleading information23 
21 Paragraph 15 of schedule 3 of the Licensing Order.
22 Paragraph 16 of schedule 3 of the Licensing Order.
23 Paragraph 16 of schedule 3 of the Licensing Order.
You must, for the duration of the licence, ensure there is in place for the
premises—
(a) valid buildings insurance, and
(b) valid public liability insurance for the duration of each short-term let
agreement .
You must pay any fees due to the licensing authority in respect of the
licence on demand. 
You must not provide any false or misleading information to your licensing
authority.
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2.53. You must provide all relevant information and be honest in your application
and subsequent communications with the licensing authority, for example
when:
• your licensing authority asks you about your short-term let activity;
• your licensing authority visits your premises;
• you make a request of the licensing authority to change the terms of your
licence; or
• you apply to renew your licence.
2.54. You should provide relevant information about the (anticipated) use of private
outdoor facilities, communal areas and communal outdoor facilities, as these
can be places of particular concern to residents and neighbours. 
2.55. It is an offence to provide false or misleading information to your licensing
authority. They could suspend or revoke your licence. You might also have to
pay a fine, currently up to £2,500.
(e) Additional conditions
2.56. Before you apply, check the licensing authority’s website to find out whether
additional licence conditions may be applied to your licence24. These
conditions may be specific to you, apply to you and others in similar
circumstances or apply to everyone in the licensing authority’s area. They
might do this is because of particular local circumstances or because there is
something special or unusual about your premises. 
24 These are called standard conditions in section 3B of the 1982 Act.
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3. Making an application for a licence
(a) Overview
3.1. For each premises, you need to decide whether you are applying for: 
a) a licence for home sharing;
b) a licence for home letting
c) a licence for home sharing and home letting; or 
d) a licence for secondary letting. 
3.2. This is because your licensing authority will only grant one type of licence per
premises and may treat these applications differently, for example in terms of
fees payable or if your premises is in a control area.
(b) Application checklist
3.3. The checklist at Annex B may support you in preparing your application,
however, please view the licensing authority’s website to check any additional
points (e.g. around fees and additional conditions) specific to that authority
that may apply.
3.4. Your licensing authority website will have a copy of the application form and
instructions about how to complete and submit it.
3.5. Your application will be considered incomplete and returned to you if you do
not include all the information requested.
(c) Who should be named on the application
Hosts and operators
3.6. You, as the host or operator, should be named on the application form.
Owners
3.7. The owner(s) of the premises should be named on the application form.
3.8. Where accommodation or premises is jointly owned, all owners must be
named on the application form. 
3.9. Where accommodation or premises is owned by a business, for example as
part of a portfolio, all company directors, partners, or other persons
responsible for its management must be named on the application form. 
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Day-to-day management
3.10. Any people that you are asking to carry out the day-to-day management of
your accommodation should be named on your application. For example, this
might be a spouse, a friend or someone you employ.
3.11. If you have a letting agency to manage your accommodation, then your
application form should name the directors, partners or others responsible for
the letting agency. However, the employees of the agency do not need to be
named.
3.12. You should not name everyone with any involvement in your arrangements. 
For example, cleaners and others who enter the premises are not to be
named on your application for that reason alone. 
3.13. After the licence is granted, you may decide to make different arrangements
for the day-to-day management of your premises (such as passing
responsibility for the day-to-day management to a letting agency) but you
must first notify and obtain the approval of your licensing authority.
3.14. If you want to appoint a new agent or day-to-day manager of your premises,
you should contact your licensing authority to find out how to make that
change.
(d) Owners’ consent
3.15. Where accommodation is owned by multiple owners either of the following will
be required:
a) a declaration from each other owner, or each owner, that they consent
to the application, or
b) a declaration from a person who is authorised to act on behalf of all the
owners.
(e) Fit and proper person test
3.16. Everybody named on the application form will be subject to the fit and proper
person test.
3.17. Licensing authorities are responsible for determining whether you are a fit and
proper person to offer property for short-term lets in their area. Your licensing
authority is likely to take account of the following:
a) relevant criminal convictions and other relevant information from the
police; 
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b) being disqualified from being a private landlord or having had letting agent
or property factor registration revoked now or in the past; 
c) having had a licence for short-term lets or House in Multiple Occupation
(HMO) revoked by any licensing authority;
d) having had an application for a short-term lets licence refused by any
licensing authority; and 
e) providing false or misleading information in an application for a short-term
lets licence, HMO licence or application to be a private landlord.
3.18. Licensing authorities can also consider any other information they consider to
be relevant. They will liaise with the police for information as appropriate. 
They have powers to request additional information, or make reasonable
enquiries, for example to verify the details of all property owners. 
3.19. The purpose of collecting this information is to assess the fitness of applicants
and any agents (or day-to-day managers) to be involved in providing property
for short-term lets. 
3.20. The purpose of these checks is to: protect neighbours, guests and other
people from harm and crime; and to assist the police in law enforcement.
3.21. Your application will be refused by your licensing authority if, in their opinion,
you (or your agent) are not a fit and proper person to have a licence25. 
(f) Duration of your licence
3.22. The maximum duration for your first licence is 3 years. When you apply to
renew your licence, your licensing authority could grant it for a longer period.
Your licensing authority may grant licences of different durations to different
hosts and operators. The reason for this should be set out in the licensing
authority’s policy.
3.23. Different licensing authorities may have different policies and you should
check your licensing authorities website for more information.
(g) Fees
3.24. You will need to pay a fee with your application. The exact fee that you need
to pay may depend on a number of factors e.g. how many guests you want to
accommodate or the number of bedrooms in your property. Your licensing                                             
25 Paragraph 5(3)(a)(ii) of Schedule 1 to the 1982 Act.
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authority’s website will have information on the fees they charge and the
methods of payment they accept.
3.25. If you have premises in more than one licensing authority area, the fees you
pay may be different, even for a similarly sized property.
3.26. If your application is refused, your fee will not be refunded. However, you may
receive a partial refund. 
3.27. If your licensing authority chooses to refuse to consider your application
because you need to get planning permission first, they will tell you about this
within seven days of making that decision. You will be able to resubmit your
licensing application without paying any further fee provided you do this within
28 days of planning permission being granted.  
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4. How your licensing application will be determined
(a) Relevant considerations
4.1. Before considering your application in detail, your licensing authority will
consider it in the context of their licensing and planning policies, including:
• their local development plan;
• their policy on planning control.
4.2. Your licensing authority may refuse to consider your application if they
consider it would be a breach of planning control. If your licensing authority
refuses to consider your application for this reason, they must tell you within
seven days and explain why they are refusing to consider the application.
4.3. If your application proceeds to consideration, your licensing authority will look
at the following information in assessing your application:
• whether the people named on your application are fit and proper persons
to be involved in providing short-term lets;
• evidence that you are compliant (or can secure compliance) with the
mandatory conditions; 
• whether any additional conditions would be attached to your licence; and
• any competent objections received, see below.
(b) Confirming the facts of your application
4.4. As part of considering your application, your licensing authority will want to
check that you and your premises are compliant with the mandatory
conditions. They might do this through one or a combination of:
• a visit to your premises;
• asking to see relevant documentation; or
• asking you to declare that you have met the conditions.
4.5. Your licensing authority will check some information with Police Scotland and
the Scottish Fire and Rescue Service.  
4.6. The Scottish Government expects licensing authorities will take a risk-based
approach to assessing applications for a licence. Premises may be visited as
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part of the application process but this may not always be the case. You will
not be charged any extra if your premises is visited.
(c) Notifying neighbours
4.7. You must notify your neighbours about your application for a new licence, and
again when you apply to renew a licence. In order to comply with this
requirement you will need to display a site notice at or near your premises, so
it can be conveniently read by the public. 
4.8. The site notice must state the following:
• an application has been made for a licence;
• various details including the type of licence applied for, name and
address of the applicant and any agents, address of the premises; and
• details on how to make objections and representations.
4.9. The site notice should be displayed for 21 days from the date your licence
application was submitted to your licensing authority. 
4.10. Once your site notice has been displayed for 21 days you will be required to
send a certificate to your licensing authority confirming you have complied.
You may wish to consider submitting evidence to demonstrate compliance,
such as a time stamped photograph of the site notice in-situ.
4.11. We have prepared a template site notice and certificate of compliance forms
in Annex C. Your licensing authority may also have template site notice and
certificate of compliance forms which you can use.
(d) Handling objections
4.12. Objections may be made by neighbours or any other person who wants to
raise an objection.
4.13. The primary purpose of the licensing scheme is to ensure short-term lets are
safe and take account of local needs and circumstances. Competent grounds
for objection to a licensing application may include:
• concerns that the application is inaccurate or misleading;
• concerns about the safety of guests, neighbours or others;
• concerns about noise or nuisance; and
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• concerns that the application runs contrary to other legal or contractual
requirements.
4.14. Invalid grounds for objection could include not liking you or not liking short-
term lets in general.
4.15. Where the objection does not relate to grounds for refusal, these can be
disregarded by a licensing authority. They are likely to be disregarded if they
relate to another process, for example, an objection to a licensing application
on planning grounds. 
4.16. Your licensing authority will consider any objection which:
• is made in writing;
• specifies the grounds of the objection, or nature of the representation;
• specifies the name and address of the person making it; and
• is signed by the objector, or on their behalf.
4.17. Objections should be made within 28 days of public notice of the application
being given. Your licensing authority will send you a copy of any relevant
objections. You will have the chance to respond to any objections, either in
writing or in person.
4.18. Your licensing authority will decide whether or not to hold a hearing in respect
of an application. It does not have to do so and you cannot challenge its
decision to hold a hearing or not, although you can appeal their decision on
your application. If the authority does not hold a hearing, they will give you at
least seven days to give your views in writing on all the objections received. It
is for the licensing authority to determine whether any objection received has
a material impact upon the licensing application.
(e) The licensing committee
4.19. Where the licensing authority decides to hold a hearing this will be at a
meeting of the licensing committee. The licensing committee comprises a
number of local councillors who consider licensing applications for a range of
purposes such as alcohol and taxis, as well as short-term lets. The licensing
committee is likely to consider many licensing applications in one sitting.
4.20. If your application goes to the licensing committee, you, and any person who
has made an objection, will be given the opportunity to be heard at the
meeting of the licensing committee. Your licensing authority will give you, and
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any objectors, at least 14 days’ notice of the hearing date. The meeting will be
held in public, so other members of the public can observe the proceedings.
4.21. Objectors will be invited to speak to their objections, and you will be invited to
state why your application should be granted. 
4.22. Members of the committee may follow up with questions, ahead of deciding
whether or not to grant your application. The decision and voting may take
place in public or the committee may retire to consider and decide the
applications.
(f) Determining your application
4.23. Your licensing authority must grant your application unless there are grounds
to refuse it. Possible grounds for refusing your application may include26:
• anybody named on your application is disqualified from having a short-
term lets licence27;
• anybody named on your application is not a fit and proper person;
• some other person is benefiting from the activity who would be refused a
licence if they made the application themselves;
• the premises are not suitable or convenient having regard to—
a) the location, character or condition of the premises;
b) the nature and extent of the proposed activity;
c) the kind of persons likely to be in the premises;
d) the possibility of undue public nuisance; or
e) public order or public safety; or
• there is other good reason for refusing the application (this cannot be
applied in a blanket fashion without considering the merits of a particular
application).
• you cannot demonstrate, or secure, compliance of the mandatory licence
conditions                                             
26 Set out in paragraph 5(3) of schedule 1 to the 1982 Act.
27 Under section 7(6) of the 1982 Act.
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• you cannot secure compliance with any other conditions the licensing
authority seek to apply in respect of your application. 
(g) Timescales for determination
4.24. Existing hosts who make an application before 1 April 2023 can continue
operating whilst their application is being determined28. Licensing authorities
have 12 months to determine these applications, beginning with the date on
which the application was made. This extension, to the time limit for
determining an initial application, is designed to help them manage the
volume of applications they will receive.
4.25. In all other cases, licensing authorities have 9 months from the date on which
the application was made to consider and determine each application. 
4.26. If your licensing authority fails to determine your application within the
timescales set out above, your licence will be deemed to have been granted,
unless the licensing authority has been granted an extension by the court. If
your licence were deemed to be granted, it would be valid for one year. The
mandatory licence conditions that apply to all short-term lets would also apply
to the deemed grant of a licence. 
(h) Your rights of appeal
4.27. You can appeal against your licensing authority’s decision29 by summary
application to the sheriff. A Summary Application is made by initial writ and a
style can be accessed here (Form 1). You may wish to familiarise yourself
with the relevant Summary Application Rules. You may also wish to seek
advice and can contact your local Citizens Advice Bureau or you can get
contact details for solicitors from the Law Society of Scotland. Sheriff clerk
staff cannot give you legal advice in respect of your appeal. 
4.28. You have to appeal within 28 days from the date of the licensing authority’s
decision, unless you have a good reason for being late. The sheriff can decide
whether to consider a late application for an appeal.
4.29. The sheriff may uphold your appeal only if he considers that the licensing
authority, in arriving at their decision – 
• erred in law;
• based their decision on any incorrect material fact;                                             
28 Article 6 of the Licensing Order.
29 The appeals process is set out in paragraph 18 of schedule 1 to the 1982 Act.
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• acted contrary to natural justice; or
• exercised their discretion in an unreasonable manner.
4.30. If the sheriff upholds your appeal, the sheriff may either ask the licensing
authority to reconsider their decision or change the decision of the licensing
authority. 
How much does an appeal cost?
4.31. You will have to pay any solicitor that you instruct to help you as well as court
fees for lodging the initial writ. Additionally, the sheriff may make an order for
one or other party to pay the other party’s costs. For example, the licensing
authority may have to pay your costs in making the appeal if the sheriff finds
that they acted unreasonably in making their decision. You may be entitled to
an exemption from paying court fees depending on your circumstances. 
(i) Time limit on reapplying
4.32. If your application for a licence is refused, you cannot reapply for a licence
within one year of that decision, unless there has been a material change in
your circumstances since then. You may be asked by your licensing authority
to provide a covering letter setting out any material changes that have
occurred alongside any new application made within one year of the decision
to refuse your licence. 
(j) How your data will be managed
4.33. Licensing authorities are responsible for ensuring compliance with UK
General Data Protection Regulations, as data controllers and for the storage,
handling and disposal of all data related to licence applications they receive. 
4.34. Certain personal data will be shared, for specific purposes, as follows:
• Within and between local authorities, Scottish Fire and Rescue Service
and Police Scotland as part of the notification process in order to carry out
background checks.
• Published in public registers of licences (by each licensing authority). 
• Quarterly submissions to Scottish Government, so that data on licences
from each local authority can be amalgamated at a national level, and to
review against policy objectives. No personal data will be published in
Scottish Government reports on short-term letting activity.
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4.35. Further details on data processing can be found in the Data Protection Impact
Assessment (DPIA) in the 2020 consultation report.  Information about the
processing of personal data is set out section C of the DPIA. 
4.36. The following personal information will be published in the register:
• Names and registered offices (where an application is made on behalf of a
company / corporate body only).
• Names of any day-to-day managers
• The address of your premises (including postcode and Unique Reference
Number (URN) ).
4.37. Other information about your short-term let will also be published in the
register, including the type of short-term let you operate, and maximum
number of guests permitted to reside on the premises.
4.38. The following personal information from your application or from Police
Scotland background checks will be retained:
• Your contact details 
• The contact details of other people named on your application form
• Date and place of birth (for all applicants, and any agent(s))
• Unspent convictions involving: fraud and dishonesty; violence; drugs;
firearms; and sexual offences.
How long will my data be stored for?
4.39. Your licensing authority must not keep your personal data for longer than
needed and is responsible for storing your data, then disposing of it when it is
no longer needed. Your personal information will only be held for as long as it
is necessary for the effective administration of the licensing scheme. 
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5. Responsibilities upon obtaining a licence
(a) Information to be displayed30 
5.1. How you do this is up to you. You might display the information on a notice
board or in a folder containing details about the premises. The important point
is that guests can access it easily. You may also wish to consider providing
digital copies alongside booking confirmation. 
(b) Listings to include licence number, maximum occupancy and
EPC rating31 
5.2. Where you have a licence, you must display your licence number on any
listing or advert. Displaying your licence number will help guests to know that
the accommodation meets the standards of the licensing scheme. 
5.3. Where you have electronic listings or adverts, for example on your own
website or on a platform, you should update your listing or advert as soon as
reasonably practicable after receiving your licence.
5.4. Licensing authorities and letting agencies (platforms) will conduct checks to
ensure that licence numbers on listings and adverts are genuine and that
these requirements are complied with.                                             
30 Paragraph 11 of schedule 3 of the Licensing Order.
31 Paragraph 13 of schedule 3 of the Licensing Order.
You must make the following information available within the premises in a
place where it is accessible to all guests—
a) a certified copy of the licence and the licence conditions,
b) fire, gas and electrical safety information,
c) details of how to summon the assistance of emergency services,
d) a copy of the gas safety report,
e) a copy of the Electrical Installation Condition Report, and
f) a copy of the Portable Appliance Testing Report.
You must ensure that any listing or advert (whether electronic or otherwise)
for your premises includes—
a) the licence number, 
b) the maximum number of guests permitted to reside in the premises,
and
c) a valid Energy Performance Certificate rating, if you are required to
have one for the premises.
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5.5. You should be clear on any advert or listing, and in your booking terms and
conditions, on the maximum number of guests that you can accommodate
under the terms of your licence. 
5.6. You must display your EPC rating where you are required to have a valid EPC
certificate. This will give your guests an idea about the energy performance of
your property and also an indication of how costly the property is to heat, if
they have to pay for it. 
5.7. Listings only need to display the EPC rating, not the full certificate. However,
licensing authorities may wish to request a copy of the certificate as part of the
licence application verification process. Note that you can be fined for failing
to display an EPC rating for your premises on listings under existing building
standards legislation.
5.8. If your application has been refused or your licence has been revoked, as
soon as you are notified, you should take down any adverts or listings for your
property. Using your property for short-term lets would be an offence
(operating without a licence) and your adverts or listings could be perceived or
used as evidence of your intention to break the law. 
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6. Staying compliant
(a) Complying with licence conditions
6.1. You are responsible for ensuring that your short-term let activity complies with
the mandatory conditions and any additional conditions which your licensing
authority attaches to your licence. 
6.2. It is important to remember that you will need to take further action in the
course of your licence, for example making sure that annual and other regular
checks are undertaken. You are also responsible for taking all reasonable
steps to ensure that your guests comply with your licence conditions.  
6.3. Failure to maintain the mandatory conditions would be a breach of your
licence conditions and you could be fined or lose your licence(s) if you do so. 
It is important that you keep evidence of how you have complied with the
conditions, for example records of safety checks and service visits.
Maintaining standards
6.4. You should make sure that you are alert to changes in standards through
legislation or guidance that will from time to time occur.  Signing up to
communications from professional or trade bodies can help to alert you.
Taking property out of service
6.5. Sometimes, it will be necessary to take some of your accommodation out of
service because it has become unsafe (or otherwise does not comply with
your licence conditions). This may be because:
• a guest has caused damage;
• a fire has occurred; or  
• you are carrying out work which makes (that part of) the property unsafe
whilst the work is carried out.
6.6. Depending on the nature of the issue, it may mean that one of your guest
bedrooms or your whole premises cannot be used. Where you have several
lets on one premises (e.g. yurts in a field), you may have taken one out of
service but the remainder may be usable.  
6.7. You can continue to let (parts of) the accommodation which comply with your
licence conditions but it would be an offence (failing to comply with licence
conditions) to let accommodation which had become (temporarily) unsafe. 
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Preventing antisocial behaviour
6.8. You may find that some of your guests get involved with antisocial behaviour
in or around your premises, affecting neighbours and local community. 
Antisocial behaviour legislation defines it for these purposes as:
“A person engages in antisocial behaviour if the person:
a) acts in a manner that causes or is likely to cause alarm, distress, nuisance
or annoyance; or
b) pursues a course of conduct that causes or is likely to cause alarm,
distress, nuisance or annoyance, to a person residing in, visiting or
otherwise engaging in lawful activity at, or in the locality of, a relevant
house.”
6.9. You might want to consider the following measures:
• setting clear standards so your guests are aware of what might be
antisocial in Scotland and in your particular premises (for example this can
vary between cultures and some premises may be distinctive);
• investigating any complaints from neighbours; 
• taking action to advise and warn guests (for example, on reducing noise
nuisance);
• enforcing the terms of your booking, for example  non-refund of a deposit
for failing to comply with it;
• terminating a short-term let early; and, in the worst case,
• involving the police (e.g. to tackle drunken aggressive behaviour).
6.10. You might want to keep a record of the measures you took as this might help
you demonstrate that you remain a fit and proper person to provide short-term
lets.
(b) Requesting changes to your licence
6.11. You might want to change the way you provide short-term lets.  For example,
you might want to:
• change your letting agency or property management company;
• make physical alterations to the premises;
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• increase the number of guests at your premises; or
• increase the number of rooms you want to use for guests.
• or your personal details might change.
6.12. You must notify your licensing authority of any significant changes relevant to
your licence. Some changes will require the licensing authority’s approval
before they can happen. It is an offence to fail to notify or seek approval of
significant changes. If you are unsure whether your (proposed) changes
require notification or approval, please contact your licensing authority for
advice and confirmation of whether a fee will be payable.
Selling your premises
6.13. Your licence is specific to you (whether as a person or a company) and your
accommodation. This means you cannot simply hand your licence over to
someone else, even if that person has purchased the accommodation from
you and wants to carry on providing short-term lets.
6.14. Where you are selling your premises to someone who will use that premises
for a different purpose, you should advise your licensing authority that you
want to surrender your licence (see below). 
6.15. In some circumstances, the purchaser may wish to continue providing short-
term lets.  This could arise where:
• you are selling your own home and had a licence to use it for home
letting or home sharing; or
• you are selling premises which are not your own home and had a
license to use that premises for secondary letting.
6.16. In all cases, the purchaser will need to make a fresh licence application.  It is
important that the purchaser understands that the licensing authority will
consider their application on its merits in accordance with their policies at that
time. There should be no presumption that the purchaser’s application for a
licence would be granted.
6.17. Where a licensing authority wanted to support the purchaser in continuing to
provide short-term lets without significant delay, the licensing authority could
grant the purchaser a temporary licence pending consideration of their licence
application. 
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(c) Visits to your premises
6.18. Your licensing authority can choose to visit your premises and inspect both
the premises and any records associated with the conditions attached to the
licence. They are not obliged to visit your premises.
6.19. They may visit: as part of considering your application; as part of a routine
pattern of inspection; because a complaint has been made by a guest or
neighbour; or to follow-up on a previous visit to confirm that an issue has been
resolved.
6.20. Your licensing authority must give a reasonable period of notice to you (or
your agent) ahead of a routine visit.
6.21. You will not be charged a fee for a routine visit. However, you may be charged
if a (follow-up) visit is necessary because you have breached one of your
licence conditions.
6.22. Your licensing authority can make unannounced inspections as a way of
ensuring licence terms and conditions are adhered to at all times. An
unannounced inspection may be the only way of proving (or disproving) a
violation of some licensing conditions (e.g. occupancy). Licensing authorities
can enter your premises forcibly if necessary, but would only do so in very
unusual circumstances.
6.23. Where a visit raises concerns, your licensing authority can require you to take
action to put it right. This will usually be done by serving an enforcement
notice (“non-compliance” or “improvement” notice). Such notices are likely to
specify a date or date(s) by which you should put things right. If you do not
take satisfactory action in time, your licensing authority could vary, suspend or
revoke your licence.
(d) Suspensions and revocations
6.24. Your licensing authority has the power to suspend or revoke your licence. 
These are serious steps which are only likely to be taken when you have been
given the chance to put things right and failed to do so and/or your guests are
at serious risk of harm.
6.25. In considering whether to suspend your licence, your licensing authority may
make such reasonable enquiries as they think fit. Before making a decision on
whether or not to suspend your licence, your licensing authority will consult
with Police Scotland and the Scottish Fire and Rescue Service.
6.26. Your licence may be suspended whilst the licensing authority considers
whether or not to revoke your licence. If your licence is revoked, you will not
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be able to make a further application in respect of that premises within one
year of the date of revocation.
(e) Renewing your licence
6.27. If you want to continue to provide short-term lets after the end of your licence
period, you will need to make an application for renewal of your licence before
your licence expires. Your licensing authority will set out details of how you
should go about this and provide a renewal application form.
6.28. You can apply to renew your licence at any time before it expires. If your
licence expires before your renewal application is determined, you can
continue to use your property to provide short-term lets until your renewal
application is determined32.  
6.29. If your licence lapses before you apply, then any subsequent application
would be treated as a new application rather than a renewal.
6.30. An application for renewal comprises licensing authorities satisfying
themselves that:
a) the matters set out in the application form or previous renewal are still
correct and notification of any changes (e.g. around contact details etc.);
and
b) the applicant remains a fit and proper person;
6.31. the premises remains in compliance with the licence conditions.Licensing
authorities will also consider any request to make any changes to the terms of
the licence. 
6.32. In common with the application stage, you will be required to display a site
notice when you apply for a renewal. 
6.33. If you request changes to the terms of your licence, then your licensing
authority will consider these changes in a similar way as they would for an
initial application. 
6.34. Your licensing authority is likely to charge a fee for a renewal application
(unless they operate a subscription model with regular fee payments). The fee
may be different to the fee you were charged when you applied previously. 
6.35. Your licensing authority can change the additional licence conditions attached
to your licence at renewal, adding or removing any conditions.                                             
32 Paragraph 8(5) and (6) of schedule 1 to the 1982 Act.
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6.36. Your licensing authority can grant licence periods of longer than three years
on a renewal application. They may do this where a property has been used
for short-term lets with no issues or complaints during the initial licence period. 
6.37. Licensing authorities will normally approve licence renewal applications where
there has been no change in circumstance since the previous application. 
Remember that a change of circumstances may arise from your activity or
premises or from a change in your licensing authority’s policies. If your
licensing authority does not renew your licence, then you will have a right of
appeal.
(f) Surrendering your licence
6.38. You can surrender your licence to the licensing authority at any time when you
no longer want to use your property to provide short-term lets. 
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7. Glossary of terms
7.1. In this guidance, the following terms are used.  Please note that this is not a
complete list of terms used and defined in the Licensing Order33:
“the 1982 Act” means the Civic Government (Scotland) Act
1982;
“the Control Area
Regulations”
mean the Town and Country Planning
(Short-term Let Control Areas) (Scotland)
Regulations 2021 (SSI 2021/154);
“accommodation” means any building or structure, or any part
of the building or structure, and includes
rooms in a home, a whole home or
something more unusual like a yurt or a
treehouse;
“control area” means a short-term let control area
designated following the process set out in
the Control Area Regulations;
“dwellinghouse” means, for these purposes, an independent
dwelling (with its own front door, kitchen
and bathroom) such as a house, flat,
cottage etc.;
“existing host” means a host or operator who has used
their premises to provide short-term lets
before 1 October 2022 and who will apply
for a licence to continue the same use;
“guest” means a person occupying property for the
purposes of a short-term let;
“home letting” means using all or part of your own home
for short-term lets whilst you are absent;
“home sharing” means using all or part of your own home
for short-term lets whilst you are there;
“host” or “operator” or
“you”
means a person or company providing
property for short-term letting, including
commercial landlords (note that the host                                             
33 The Licensing Order defines many types of property that are excluded from the licensing scheme,
for example.
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may not be the owner or person who lives
at the property);
“letting agency” means an organisation which facilitates the
agreement between the host or operator
and the guest for use of the property as a
short-term let and which may additionally
provide other services (marketing,
bookings, queries, cleaning etc.);
“licensing authority” 
“mandatory conditions”
means an authority responsible for running
the licensing scheme, usually a council;
means conditions which
licensing authorities must apply across
Scotland;
“neighbour” means, for our purposes, someone whose
permanent residence is in close enough
proximity to a short-term let to have a
legitimate interest in its business, e.g.
potentially affected by safety, noise, litter,
nuisance;
“[your] own home” means [your] only or principal place of
residence, the place where you normally
live;
“platform” means an online letting agency;
“premises” means the property and land on one site,
normally premises have their own postal
address;
“secondary letting” means a short-term let involving the letting
of property where you do not normally live,
for example a second home;
“short-term let of a
property”
means the entering of an agreement
between a guest and a host in the course of
business for the use of the property as
residential accommodation by a guest in
circumstances set out in Annex A34;                                             
34 Properly defined at article 3 of the Licensing Order.
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Annex A
8. What is a short-term let
Introduction
8.1. If you are providing anyone with residential accommodation anywhere in
Scotland, then you might be providing short-term lets. 
8.2. In this guidance, accommodation means any building or structure that you are
letting out for residential use or any part of the building or structure.  It may be
rooms in your home, a whole house or something more unusual like a yurt or
a treehouse.  
8.3. You need a licence for each premises in which you let out accommodation. 
Premises means accommodation and land on one site; normally premises
have their own postal address. So, for example, two neighbouring cottages
are likely to be separate premises (each will require a licence), whereas 15
yurts in one field are likely to be counted as one premises (requiring one
licence in total).
8.4. For a self-catering cottage, the accommodation and the premises are one and
the same. If you are letting out two rooms in your own home, both are classed
as accommodation (assuming they can be let out separately) and the whole
home is the premises. This distinction is important as some licence conditions
will apply to the premises and others just to the accommodation.
8.5. In this guidance, your own home means your only or principal home (the place
where you normally live).
Exclusions
8.6. The legislation does set out some exclusions, these are:
a) Licensed accommodation, under the Licensing (Scotland) Act 2005
where the provision of accommodation is an activity listed in the operating
plan, or which otherwise requires a licence for use for hire for overnight
stays. If you operate a restaurant with rooms or an inn, for example, which
is already licensed specifically to offer accommodation then you are not
providing short-term lets. Many hotels are licensed under the 2005 Act and
would be excluded. If you provide licensed caravans35, you are not
providing short-term lets. However, if you have an HMO licence for your
property, you would still need a short-term lets licence if it is also to be                                             
35 Under the Caravan Sites and Control of Development Act 1960.  The Housing (Scotland) Act 2014
inserted a new Part 1A into the 1960 Act creating a new licensing system for relevant permanent
sites.
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used for short-term lets36.  This is the case whether or not you live at the
premises covered by your HMO licence.
b) Accommodation provided by your guests, for example where they
bring their own tent (as opposed to glamping where the tent is normally
fixed and provided by the host).
c) Mobile accommodation, which is capable of transporting your guests at
the time of their stay. This would exclude, for example where you hire out
canal boats or yachts. However, a previously mobile unit that had been
immobilised, such as an old tractor or a caravan in a tree would not be
excluded.
d) Hotels, with planning consent to operate as a hotel37. Note that the
majority of hotels are excluded through being licensed to provide
accommodation under the Licensing (Scotland) Act 2005 (see (a) above). 
8.7. The following types of more specialist types of accommodation are also
excluded38:
a) Aparthotels, comprising five or more serviced apartments in a residential
building.  (Note that serviced apartments are defined in the Licensing
Order39.)
b) Health and care accommodation, such as residential care homes,
hospitals and nursing homes.
c) Educational accommodation, such as residential schools, colleges,
training centres and purpose-built student accommodation.  Student halls
of residence, for example, are excluded but houses and flats which are
normally let to students are not excluded.
d) Secure residential accommodation, including prisons, young offenders
institutions, detention centres, secure training centres, custody centres,
short-term holding centres, secure hospitals, secure local authority
accommodation or military barracks.
e) Hostels and refuges.  A hostel provides residential accommodation and
food, or shared facilities to prepare it, other than in a house.  Refuges                                             
36 For example, where the property was used as an HMO for students during the academic year and
for short-term lets for the summer.
37 I.e. class 7 use as set out in the Town and Country Planning (Use Classes) (Scotland) Order 1997.
38 Set out in Schedule 1 of the Licensing Order.
39 Paragraph 3 of Schedule 1 of the Licensing Order.
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include accommodation for women escaping domestic violence, for
example.
f) Shift accommodation.  Accommodation owned by an employer and
provided to an employee in terms of a contract of employment or for the
better performance of the employee’s duties. This excludes
accommodation provided by companies and other bodies to employees as
part of a contract or to help them perform their duties. For example,
caretakers or workers on an oil rig (insofar as the accommodation is within
Scottish territorial waters), where shifts extend into multiple days.
8.8. Excluded property extends to property which is part of any of the above.  So,
for example, self-catering property in the grounds of a licensed hotel would
also be excluded.
8.9. If you think any of these exclusions might apply to you, then please refer to
schedule 1 of the Licensing Order and the Policy Note40 for more information.
Types of short-term let
8.10. The legislation41 defines four types of short-term let as follows:
• “home sharing” means using all or part of your own home for short-term
lets whilst you are there; 
• “home letting” means using all or part of your own home for short-term
lets whilst you are absent, for example whilst you are on holiday; 
• “secondary letting” means the letting of property where you do not
normally live, for example a second home; and
• “home letting and home sharing” means you operate short-term lets
from your own home while you are living there and also for periods when
you are absent.
Questions to consider
8.11. The definition of a short-term let is set out in the Licensing Order and
explained in the accompanying Policy Note.  The following questions will
guide you through the definition.  You might also find it helpful to refer to the
application checklist at Annex B.                                             
40 The Civic Government (Scotland) Act 1982 (Licensing of Short-term Lets) Order 2022
(legislation.gov.uk)
41 In paragraph 19A of schedule 1 to the 1982 Act (inserted by paragraph 14 of the Licensing Order).
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Have you made an arrangement in the course of business?
8.12. An arrangement in the course of business will normally involve setting out
some terms and conditions in a contract which your guest has accepted.  An
arrangement in the course of business includes taking a booking on-line or
over the phone, for example.  It does not matter whether your guests are
staying for work or leisure purposes; the business transaction here is between
you and your guest or guests.
8.13. However, having a friend over to stay with you would not normally be an
arrangement in the course of business.
8.14. This agreement is included in the activity requiring a licence, as well as having
the guests reside in the property.  That is to say, you do not need a licence to
advertise a property for short-term lets but you will, in due course, need a
licence to accept bookings (making the agreement).
Is it the guests’ only or principal home?
8.15. If you are letting out property to your guests as their only or principal home,
then it is not a short-term let.  For example, if you are letting out your property
as a private residential tenancy then that is not a short-term let.  It does not
later become a short-term let, even if it is no longer their only or principal
home. For example, where a tenant moves to a different place but retains the
tenancy. The accommodation would no longer be the tenant’s only or principal
home but the tenancy can persist. 
8.16. There are other tenancies, such as agricultural, crofting and social housing
which are also likely to be the tenants’ only or principal home and therefore
excluded42.
8.17. Providing accommodation to a lodger (including refugees) in your own home
(where it is the lodger’s only or principal home) is also excluded.
How long are your guests staying?
8.18. This is not a relevant consideration in assessing whether or not you are
providing short-term lets.  A short-term let can be for one night or for several
months.  Remember that it is not a short term let where it is the guest’s only or
principal home. 
42 See paragraph 2 of schedule 1 of the Licensing Order.
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Are you charging your guests?
8.19. If you are providing your property for free, then you are not providing short-
term lets.  However, the following arrangements would not count as free use
of the property and could potentially be a short-term let:
• where the guests do work for you or provide a service in lieu of payment
and the work or service was not the principal reason for their stay (e.g.
offering to mow the lawn in lieu of payment);
• where the guests provide you with goods of value in lieu of payment;
• where you suggest a donation as part of the agreement; and
• where they reciprocate (e.g. house swap).
8.20. However, a “thank you” gift provided at the initiative and discretion of the
guests (as often happens when a friend comes to stay) does not count as a
charge.
Are your guests related to you?
8.21. If you are letting property to immediate family43, then this is not a short-term
let.  Immediate family is specifically defined in the Licensing Order.  It is not a
short-term let if one of the guests in the let:
a) is your partner;
b) is your or your partner’s: parent or grandparent; child or grandchild; or
brother or sister; or
c) is the partner of one of your: parents or grandparents; children or
grandchildren; or brothers or sisters.
8.22. In this definition:
• partner means spouse, civil partner or someone you live with as if you
were married to them;
• children with one parent in common are to be regarded as siblings; and
• stepchildren are to be regarded as children. 
43 Article 2(4) and 2(5) of the Licensing Order.
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Are your guests staying to work for you?
8.23. There are some exclusions if your guests are staying principally to provide
services to you or work for you or members of your household. 
8.24. It is not a short-term let where your guests live with you for the principal
purpose of providing work or services to you.  For example, if you have
somebody to live with you to provide you with health or personal care, this
would not be a short-term let.  However, this does not extend to any guests
doing any work.  If your guests mow the lawn to help out whilst staying, this is
not the principal purpose of their stay and does not preclude it being a short-
term let.
8.25. The same applies in respect of guests living in other premises.  For example,
if you provide a cottage for the use of a seasonal agricultural worker (e.g.
night lamber) for the purpose of doing work for you, then this would not be a
short-term let.  However, this exclusion does not apply if you are providing
accommodation for the guests to work for someone else.
Are your guests staying for educational reasons?
8.26. There are some exclusions if your guests are staying principally to advance
their education.
8.27. It is not a short-term let where your guests live with you for the principal
purpose of advancing their education and the arrangement has been a made
or approved by a school, college, further or higher educational institution
(such as a university).  This excludes students living with a family for the
express purpose of improving their English, for example.  The reason for
excluding these arrangements is that the student is more like a family member
than a guest.
What kind of property are you offering?
8.28. Broadly speaking, if you are letting property that is part or all of a home or
something more unusual, it is likely to be a short-term let.  However, if you are
offering institutional accommodation or are otherwise regulated then it is
probably not.  It does not really matter what you call your property, as terms
such as bed-and-breakfast and hotel are not well-defined.  This guidance
cannot cover every permutation – if your circumstances are unusual, you may
wish to contact your licensing authority or consider getting your own legal
advice. 
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Annex B
Application checklist
This list helps you check you have the relevant information to submit an application
for a licence. Getting your application right first time will help you to get a decision
more quickly. 
Your licensing authority will set out the detail and format of any documentation that
must accompany your application.
Preliminary 
I am providing or intend to provide short-term lets – see definition of short-
term lets in Annex A. 
I know the date by which I need to apply for a licence – see
paragraph 1.29. 
I know whether I can continue operating whilst my application is processed
– see paragraph 1.29. 
I know which type of licence I want to apply for – see paragraph 8.10
• home letting
• home sharing
• home sharing and home letting; or
• secondary letting. 
I have identified my licensing authority based on the address of my
premises. You can find out which local authority your property is located in
by entering the postcode at the following webpage: Find your local council
- GOV.UK (www.gov.uk) 
I have checked whether my licensing authority considers applications for
temporary exemptions and, if so, whether I should apply for one – see
details on temporary exemptions from paragraph 1.17. 
I have checked whether my licensing authority considers applications for
temporary licences and, if so, whether I should apply for one – see details
on temporary licences from paragraph 1.24. 
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Applicants (see chapter 2)
I have identified the owners and those involved with the day-to-day
management of my premises. 
I have the permission of the owners of the premises (or their
representative) in writing to use it for this purpose. 
To the best of my knowledge, I and the other people I will name on my
application are fit and proper persons. 
I have contact details for the people and organisations I will name on my
application form. 
Mandatory conditions (see chapter 2) 
Responsibility
for the
property
Agents – I have identified those involved with the day-
to-day management of my premises and know that I
cannot change them without the licensing authority’s
approval. 
General safety
and standards
General safety – I have taken all reasonable steps to
ensure the property is safe for residential use. 
Occupancy - I know how many guests I want to
accommodate and I consider that I can do this safely. I
have checked what the licensing authority will need to
see regarding floor plans. 
Repairing standard – I have worked out whether my
premises is a dwellinghouse and whether the repairing
standard applies to me.
[If relevant] My premises meets the repairing standard. 
[If relevant] EPC – my premises has a valid EPC
certificate issued within the last 10 years. 
Fire safety
Fire safety: premises – I have installed satisfactory
equipment to detect and warn against fire or suspected
fire, and carbon monoxide. 
Fire safety: furniture and furnishings - my furniture
and furnishings / furniture and furnishing guests have
access to comply with fire safety regulations and I have
records that demonstrate compliance. 
Gas safety Gas safety – I have an up to date Gas Safety Certificate
(dated within the last 12 months). 
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Mandatory conditions (continued) 
Electrical
safety
Electrical safety – I have made sure my electrical
fittings and items are in good working order; 
arranged for an electrical safety inspection to be
carried out by a competent person; 
obtained an Electrical Installation Condition Report
on any fixed installations; and 
obtained a Portable Appliance Testing Report on
moveable appliances to which my guests have access
and labelled inspected items. 
Water safety
Water supply – I have established that my premises are
supplied with water by Scottish Water or I have
established that my premises has a private water supply
and I comply with the relevant regulations. 
I have completed a legionella risk assessment. 
Other
Information for guests – I have prepared information
for guests and know where I will put it for them on the
premises. 
Planning permission – I have established whether I
need to submit evidence that I have planning permission
(or a certificate of lawful use of development) or have
made an application. 
Listings: licence number – I have made plans to
display my licence number on adverts and listings.   
[If relevant] Listings: EPC rating– I have made plans to
display my EPC rating on adverts and listings.   
Buildings insurance – I have checked that there is
valid buildings insurance in place for the premises. 
Public liability insurance - I have checked that there is
valid public liability insurance in place whilst my
premises is let as a short-term let. 
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Additional conditions 
I have checked whether my licensing authority has any additional licence
conditions and I can comply with the ones that are likely to apply to me –
see paragraph 2.56. 
Other matters to consider
Food safety - I understand the food hygiene and safety rules that apply to
me. 
I comply with legal requirements that relate to fire safety set out in the
Fire (Scotland) Act 2005 – see from paragraphs 2.18. 
I have checked the title deeds of my premises. 
I will declare my income from my short-term let activity for tax purposes. 
I have checked with my lender that I am allowed to use my premises for
this purpose. 
I am complying with other legal requirements that affect me, my
business or my premises. 
I have considered engaging with my neighbours  
Fees
I know the fee that I will charged and I am ready to pay it with my
application- see paragraph 3.24.   
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Annex C 
PUBLIC NOTICE OF APPLICATION FOR SHORT-TERM LETS
LICENCE 
The Civic Government (Scotland) Act 1982 (Licensing of Short-term Lets)
Order 2022 
 New application     Renewal     
Applicant name 
Applicant’s address 
Postcode 
Has applied to [insert licensing authority name] for a Short-term lets licence. 
Short-term let premises address 
(if different from applicant’s address) 
Type of licence applied for Home sharing / home letting / home
sharing & home letting / secondary
letting [DELETE as appropriate]
Day-to-day manager / agent details 
(if different from applicant)
Name: 
Address: 
Representations 
Representations about the application may be made by any member of the public.
Representations must:
• be in writing;
• specify the grounds of the objection or, as the case may be, the nature of the
representation;
• set out the name and address of the person making it;
• must be signed by the person, or on their behalf; and
• be made within 28 days of public notice of the application being given. 
Copies of any representations will be given to the applicant. If a representation is
made to the Licencing Authority after this date but before a final decision is taken on
the application, then the Licensing Authority may consider the late representation if it
is satisfied that it was reasonable for the representation to have been made after the
deadline. 
Representations should be sent to: [Insert licensing authority contact details] 
Date application lodged / public notice given               /               /
Last date for representations              /               /
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• This notice must be displayed on or near the short-term let property in a position
where it can be easily read by the public. 
• This notice must be displayed for a period of 21 days from the date the
application was lodged with the Licensing Authority.  
• After the notice has been displayed for 21 days, a certificate of compliance must
be completed and the whole notice returned to the Licensing Authority at the
address above, Alternatively confirmation of display can be submitted in writing
and signed, together with full applicant and property details.  
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CERTIFICATE OF COMPLIANCE 
SHORT-TERM LETS LICENCE – CONFIRMATION OF DISPLAY OF
PUBLIC NOTICE 
The Civic Government (Scotland) Act 1982 (Licensing of Short-term Lets)
Order 2022 
CONFIRMATION OF DISPLAY OF NOTICE 
This section must be completed by the applicant and the whole notice
returned to the Licensing Authority at the above address at the end of the 21-
day display period. Alternatively please provide confirmation of display in
writing with signature, along with full applicant and property details. 
I (Full name of applicant)  
Certify that the notice of application has been displayed as prescribed above for a
period of not less than 21 days from _____________ ending on _______________
Applicant’s signature  Date 
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© Crown copyright 2022
This publication is licensed under the terms of the Open Government Licence v3.0 except
where otherwise stated. To view this licence, visit nationalarchives.gov.uk/doc/open-
government-licence/version/3 or write to the Information Policy Team, The National
Archives, Kew, London TW9 4DU, or email: psi@nationalarchives.gsi.gov.uk.
Where we have identified any third party copyright information you will need to
obtain permission from the copyright holders concerned.
This publication is available at www.gov.scot
Any enquiries regarding this publication should be sent to us at
The Scottish Government
St Andrew’s House
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ISBN: 978-1-80435-130-7 (web only)
Published by The Scottish Government, March 2022
Produced for The Scottish Government by APS Group Scotland, 21 Tennant Street, Edinburgh EH6 5NA
PPDAS1030138 (03/22)
w w w . g o v . s c o tPage 69

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Short Term Lets in Scotland
Licensing Scheme
Part 2 Supplementary Guidance for
Licensing Authorities, Letting Agencies and
Platforms
March 2022
Item 6.
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Contents 
1. Introduction
a. Purpose of guidance
b. Language used in Guidance Part 2
c. Updates
d. Information for applicants (and the application form)
e. Information for residents and neighbours
2. Licence types and policies
a. Four types of licence
b. General policies
c. Licence duration and renewal policy
d. Temporary exemptions policy
e. Temporary licences policy
3. Setting licence fees 
a. Balancing costs and revenues
b. Chargeable activities
c. Parameters for setting fees
4. Handling licensing applications
a. Additional information from applicants
b. Planning considerations
c. Licence numbers
d. Notifying residents and neighbours
e. Maximum occupancy condition
5. Setting additional licence conditions
a. Whether to set additional conditions
b. Scope of additional conditions
c. How to publicise additional conditions
d. How to draft an additional condition
e. Prohibited condition: limits on nights
f. Template additional conditions
6. Complaints and enforcement
a. Handling complaints
b. Taking a risk-based approach to ensuring compliance
c. Third party accreditation
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d. Identifying unlicensed short-term lets
e. Options for enforcement action
f. Enforcement notices
g. Variation, suspension and revocation
h. Offences under the 1982 Act
7. Licensing data
a. Introduction
b. Managing the data
c. The public register
d. Data sharing with Scottish Government 
Annex A – Licence number specification
Annex B – Public register specification 
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1. Introduction
1.1. The Civic Government (Scotland) Act 1982 (Licensing of Short-term Lets)
Order 20221 was approved by the Scottish Parliament on 19 January 2022
and came into force on 1 March 2022. 
1.2. The Scottish Government has developed this guidance in consultation with
the Short-Term Lets Stakeholder Working Group comprising a wide range of
industry, local authority and community stakeholders. This non-statutory
guidance is split into two parts: Part 12 is for hosts and operators and Part 2
for Scottish licensing authorities, letting agencies and platforms facilitating
short-term lets in Scotland. It should not be interpreted as offering definitive
legal advice and, if in doubt, you should seek your own legal advice.
1.3. Separate guidance has been produced in respect of planning considerations
for hosts and operators and Planning Circular 1/2021 to assist planning
authorities in establishing short-term let control areas. Hosts and operators
must comply with both planning and licensing law.
(a) Purpose of guidance
1.4. This Guidance Part 2 is designed to help licensing authorities implement a
licensing scheme in their area which is:
• in line with the Scottish Government’s overall policy aims for the
licensing of short-term lets (see Guidance Part 1);
• efficient, effective and proportionate; and 
• customised to the licensing authority’s local policies and the needs and
circumstances of the licensing authority’s local area.
1.5. It is desirable for licensing authorities to work collaboratively with other
licensing authorities to facilitate consistency in operational approach, where it
is possible to do so; the aim being to tailor schemes to local needs, but to
minimise unwarranted variation in the overall processes.   
(b) Language used in Guidance Part 2
1.6. The glossary for Guidance Part 1 has effect for this Guidance Part 2.                                            
1 The Civic Government (Scotland) Act 1982 (Licensing of Short-term Lets) Order 2022
(legislation.gov.uk)
2 https://www.gov.scot/isbn/9781804351307
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1.7. We additionally use the following terms from the 1982 Act and Licensing
Order, where the circumstances require it:
“applicant” means the person making the application for the
licence, normally the host or operator; and
“licence holder” means any one of the persons named on the licence
application including, but not limited to, the host or
operator.
(c) Updates
1.8. Ownership of this guidance rests with the Scottish Government and the latest
version will always be available at: Short-term lets: regulation information -
gov.scot (www.gov.scot). We will notify licensing authorities of any updates. 
(d) Information for applicants (and the application form) 
1.9. The Scottish Government expects licensing authorities to take active steps to
publicise their licensing schemes to raise awareness amongst current and
potential short-term let hosts and operators. 
1.10. One of these steps is for licensing authorities to have a dedicated section on
their website for their short-term let licensing scheme where hosts and
operators can find all the information that they need to apply and comply. This
should include:
• links to Scottish Government guidance;
• fees for applications and renewals (and any other fees);
• additional information and guidance about relevant policies, additional
conditions or measures specific to the licensing authority area; 
• the application form; and
• how to make an appeal 
1.11. Licensing authorities should also consider writing to existing hosts and
operators as part of an awareness raising campaign. This could include:
• properties registered on the non-domestic rates roll as self-catering,
B&Bs or guest houses;
• properties registered as second homes and paying council tax, as they
may be used occasionally as short-term lets; and
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• properties that have been granted planning permission to operate as a
short-term let.  
1.12. The Scottish Government would like hosts and operators to be able to
conduct as many transactions as possible with licensing authorities in an
online or electronic format. It is therefore desirable for licensing authorities to
work towards a digital first approach (in line with Scottish Government’s Digital
Strategy). Online information should be provided in line with Scottish
Government’s digital accessibility requirements and be compatible with
assistive technology. 
1.13. Licensing authorities are expected to still have paper copies of relevant
information, and the application form, available upon request for people who
cannot access them online, and provide support to access online services at
their offices. 
Application checklist
1.14. Licensing Guidance Part 1 (Annex B) has an application checklist for hosts
and operators. Licensing authorities may wish to augment this application
checklist to cater for any additional conditions or other specific requirements
and make this available on their website. 
(e) Information for residents and neighbours
1.15. In addition to the information on their website set out at 1.10, it would also be
helpful for licensing authorities to include information on:
• how to make a complaint (licensing and planning authorities might wish to
consider how to join up and triage complaints, see chapter 6);
• how to report suspected unlicensed short-term lets and breaches of
licence conditions; and
• how to raise an objection after becoming aware of an application (licensing
and planning authorities might consider how to join up and triage licensing
and planning processes and objections, see chapter 6).  
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2. Licence types and policies
(a) Four types of licence
2.1. Licensing authorities can grant one of four types of licence for short-term let
accommodation. The licence granted must be for either: 
a) secondary letting;
b) home letting;
c) home sharing; or
d) home letting and home sharing.
2.2. Home sharing and home letting concern the use of the host or operator’s only
or principal home whereas secondary letting makes use of a separate
premises.  
(b) General policies
2.3. Each licensing authority should have regard to their planning authority’s
objectives and policies, including:
• the local development plan;
• other relevant planning policies; and 
• any intended or designated control areas.
2.4. Licensing authorities must develop a policy on temporary exemptions see
paragraph 2.9 and are also expected to develop policies on:
• licence duration and renewal - see paragraph 2.5;
• temporary licences – see paragraph 2.20;
• additional conditions – see chapter 5; and
• compliance and enforcement – see chapter 6;
(c) Licence duration and renewal policy
2.5. Licensing authorities may decide to grant a licence for a period of up to 3
years initially, after which it needs to be renewed. Licensing authorities may
grant licences for different time periods to different applicants and/or for
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different types of short-term let licence. Licensing authorities are expected to
provide clear and transparent criteria for doing so. 
2.6. Licensing authorities must specify the duration and expiry date of each licence
on the licence itself. The duration applies from the date on which the licence
comes into force. Where an application is made to renew a licence, the
licence will continue to have effect until such a time as a decision is made on
the renewal. 
2.7. The Licensing Order allows licensing authorities to renew licences for such
periods as they see fit (there is no time limit)3. However, licensing authorities
must set out the circumstances in which they would use the power to set a
licence period in excess of three years. Licensing authorities are encouraged
to renew licences for a period of three years, unless they have good reasons
to do otherwise.   
2.8. The Scottish Government expects licensing authorities to consider how they
will ensure compliance with licence conditions for the duration of licences.
This might include whether and how often they would want to see certain
documentation or make visits during the licence period. This need not be a
blanket approach, as the need to visit a premises during the licence period
would depend on various factors.
(d) Temporary exemptions policy
2.9. Licensing authorities may grant temporary exemptions to the requirement to
have a licence4. They can do this for a specified single continuous period not
exceeding 6 weeks in any period of 12 months. The 6 week limit is a
maximum, and not a default. In order to obtain a temporary exemption from
the requirement to have a licence, hosts and operators must apply for a
temporary exemption, where this is offered by a licensing authority.
2.10. Licensing authorities must publish a temporary exemptions policy statement
on their website and keep it under review. As a minimum it must publish a
policy on or before 1 October 2022 and on or before 1 October every three
years thereafter. 
2.11. Licensing authorities must consult with such persons as they consider
appropriate in preparing and reviewing their temporary exemptions policy
statement. Their temporary exemptions policy statement must include
information regarding:
• the fees chargeable for a temporary exemption application; and                                            
3 Paragraph 8 (duration of licences) of schedule 1 to the 1982 Act as modified by the Licensing Order.
4 Paragraph 1A of schedule 1 to the 1982 Act.
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• the time period within which the licensing authority will finally aim to
determine the application. 
2.12. Licensing authorities may also decide to adopt a policy of granting temporary
exemptions for specific types of licences (for example home sharing and
home letting only), if they wish. This could be used to facilitate those that are
interested in trying out home sharing or home letting to do so by making an
application for a temporary exemption or temporary licence before deciding
whether or not they wish to do this permanently, requiring a full licence
application. 
2.13. Licensing authorities may also attach conditions to an exemption. The
Scottish Government therefore expects licensing authorities’ policy statements
to include:
a) the likely conditions attached to an exemption;
b) the grounds for granting or refusing an application for an exemption,
including any classes of premises (or types of licence) for which an
exemption would not be granted; and
c) information about how a decision can be appealed.
2.14. Licensing authorities can check and enforce any conditions that are attached
to a temporary exemption. Licensing authorities have the right to visit
premises and should develop a risk-based approach to prioritising any such
visits. Licensing authorities can choose to, but do not need to, inspect every
premises and are not liable for any failures of the host or operator.
2.15. Licensing authorities have the power to consult the Chief Constable and the
Scottish Fire and Rescue Service in respect of applications for temporary
exemptions.
2.16. Licensing authorities can grant or refuse an application for a temporary
exemption. If they grant a temporary exemption, they should provide the host
or operator with a temporary exemption number (like a licence number), see
chapter 4.
2.17. Where a licensing authority does not want to use their powers to grant any
exemptions, they can comply with this duty by publishing a statement on their
website to the effect that applications for exemptions will not be granted under
any circumstances. 
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Interaction with planning policy
2.18. Planning policies still apply, although these will not commonly affect smaller
scale home sharing and home letting5. However, they are relevant for
secondary letting, especially within control areas. 
2.19. For very large, one-off events (such as the Commonwealth Games, Olympics
or COP26), the Scottish Ministers can make a special development order to
grant planning permission for change of use for an area and to require
discontinuance of use after a certain period. In such circumstances, temporary
exemptions could be granted in respect of secondary letting without any
concern about breach of planning control.
(e) Temporary licences policy
2.20. Licensing authorities may also decide to grant temporary licences6. The
Scottish Government expects licensing authorities to develop and publish a
policy setting out:
• the licensing authority’s criteria for issuing temporary licences; 
• the fees payable; and 
• any additional conditions which apply (in addition to the mandatory
conditions which apply to all licences, including temporary licences).
2.21. It is desirable for licensing authorities to clearly state if there is an application
form specifically to apply for temporary licences (and or exemptions). Please
note that in applying for a temporary licence, hosts and operators must still
comply with all the mandatory conditions.
2.22. Licensing authorities must consult the Chief Constable and Scottish Fire and
Rescue Service in respect of an application for a temporary licence.
2.23. A temporary licence may be granted for a duration of up to six weeks, or
longer if the host or operator has also made an application for a full licence. If
they have applied for a licence, their temporary licence will last until their
licence application is finally determined (this includes an appeal if one has
been lodged within 28 days of the decision).                                            
5 Whether planning policies apply to home letting and home sharing depends not least on the number
of rooms being let compared with the number of rooms on the premises.
6 Under paragraph 7(1) of schedule 1 to the 1982 Act.
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2.24. The issuing of a temporary licence to a host or operator who is also making a
licence application does not extend the time for the licensing authority to
dispose of the licence application.
2.25. Licensing authorities should issue a temporary licence number to accompany
a temporary licence, see chapter 4. 
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3. Setting licence fees
(a) Balancing costs and revenues
3.1. Licensing authorities are responsible for establishing and running the short-
term let licensing scheme in their area and can recover the costs of
establishing and running the scheme through fees7. 
3.2. Licensing authorities must determine their own fees and fee structures to
recover establishment and running costs specific to their area. Licensing
authorities must review their fees from time to time to ensure that revenue
from fees remains in line with the running costs of the licensing scheme8. 
3.3. Licensing authorities are experienced in running other forms of licensing
schemes and keeping costs down. In line with this, the Scottish Government
expects licensing authorities to have regard to minimising costs through:
• economies of scale;
• integrating service delivery with other housing and licensing functions; 
• using online and digital verification where possible, for example through
photo and video evidence instead of a visit; and 
• taking a proportionate, risk-based approach to checks and verification, for
example in considering whether, when and how often visits to premises
are needed, especially in more remote and rural areas where the costs of
such visits could be higher.
(b) Chargeable activities
3.4. Licensing authorities may charge fees for the following:
• licence applications;
• licence renewal applications; 
• temporary exemption applications;
• issuing of duplicate licences;
• their consideration of a material change of circumstances or in premises
and their disposal of the matter; 
7 Paragraph 15(2)(a) of schedule 1 to the 1982 Act, as inserted by the Licensing Order.
8 Paragraph 15(2)(a) of schedule 1 to the 1982 Act, as inserted by the Licensing Order.
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• issuing a certified true copy of any entry on the public register; and
• visits to premises where the visit is necessary because of a failure of the
host or operator (see paragraph 3.13 below).
3.5. Licensing authorities may wish to set a fee structure that is based on some
premises requiring inspection (risk based approach) but apportion the costs
across all applications to charge one fee level. 
3.6. Alternatively, they may decide to split these costs into component parts,
publishing a cost for a licence application fee and a separate cost where an
inspection is required (for example, if a concern is flagged by Police Scotland
or the Scottish Fire and Rescue Service). This could also be combined with a
policy, for example, which set out that the need for routine inspections might
be minimised if the documents submitted as part of an application (such as
floor plans, photos, videos, certificates etc.) were sufficient to:
• verify compliance with mandatory licence conditions; and/or
• determine the maximum occupancy number.
3.7. This approach may help to ensure applicants provide sufficient evidence when
submitting the application. Where licensing authorities choose to adopt such
an approach, we would expect them to provide clear guidance to applicants
on the information/format of information they’d require in order to grant an
application without a physical inspection of the premises. An example fee
structure based on this approach is set out below: 
Guest
capacity
Licence
application
/renewal
fee
Licence application /
renewal inspection
fee (where required)
Licence application /
renewal fee (where
inspection required)
Home sharing
and home
letting licence
1 or 2 £x £y £x+y
Secondary
letting licence
1 or 2 £a £b £a+b 
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3.8. Licensing authorities may decide to allow hosts or operators to pay an
ongoing subscription in place of the application and/or renewal fee, should
they wish to do so9. 
3.9. Licensing authorities must not charge neighbours or others for handling
complaints or objections.
3.10. Licensing authorities may charge for applications to vary the terms of a
licence. When deciding the level of fee it will charge, it is desirable for
licensing authorities to consider how the level of any fee charged may act as a
disincentive for hosts and operators to keep them informed.
3.11. Revenue from fines in respect of licensing offences (see chapter 6) do not go
to the licensing authority.
Publicising the fees
3.12. Licensing authorities are expected to publish their fees in respect of their
licensing scheme and should give reasonable notice of any changes.
Fees for visits to premises
3.13. Licensing authorities may charge a fee to a host or operator for a visit to their
premises, where the visit results from their failure to comply with licence
conditions or a complaint relating to the premises which is not frivolous or
vexatious.  
3.14. A fee may be charged for an inspection following a complaint, where it is
found that there are compliance issues, whether or not those are the issues
that were the subject of the complaint.  
3.15. Where a fee is charged for such a visit, the licensing authority must produce a
report of its findings to the host or operator within 28 days of the inspection10. 
Where a report is not provided within 28 days of the inspection, the licensing
authority must refund the fee charged to the licence holder.
Refunds and refused applications
3.16. In general, fees are not refundable. The Scottish Government expects
licensing authorities to publish their policy on refunds so that hosts and
operators are clear on the position before they make an application.
3.17. Whether or not a licensing application is granted, the licensing authority will
incur significant costs in processing the application. Licensing authorities must                                            
9 Powers at paragraph 15(3) of schedule 1 to the 1982 Act, as inserted by the Licensing Order.
10 Required by Paragraph 15(4) of Schedule 1 to the 1982 Act, inserted by the Licensing Order.
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ensure, prior to an application being granted, the applicant is only charged the
costs relating to the processing of their application. If the application is
refused, the fee charged for the processing of the application itself need not
be refunded. 
3.18. Please be aware that the fee charged for processing the application should
not include enforcement costs. This was determined at the Supreme Court in
the case of R v. Westminster City Council (2017)5. The licensing authority
may charge fees to cover enforcement costs once the application is granted
(normally through monitoring and/or renewal fees). 
3.19. Where a licensing authority refuses to consider an application because the
host or operator needs to obtain planning permission (see chapter 6), the
licensing authority does not need to refund the fee paid. However, the
licensing authority must not charge a further fee in respect of a resubmitted
licensing application made within 28 days of planning permission being
granted. 
(c) Parameters for setting fees
3.20. Licensing authorities may take account of the following criteria in determining
the amount of fees to charge:
• the size of the premises;
• the number of rooms at the premises;
• the number of guests who can reside at the premises; 
• the type of short-term let;
• the duration of the period for which the premises are made available for
use as a short-term let (but note that licensing authorities cannot set limits
on nights on licences for secondary letting); and
• the extent to which the licence holder has complied with the conditions of
the licence (which might affect a renewal fee).
3.21. The Scottish Government expects licensing authorities to consider each of
these criteria, even if they subsequently deem some may not be suitable for
their local circumstances. 
3.22. The Scottish Government does not expect licensing authorities to set a
uniform flat fee, as this might disproportionately benefit hosts and operators of
larger premises and adversely affect home sharing, bed and breakfasts and
smaller self-catering operators. 
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3.23. The Scottish Government recommends as a minimum that licensing
authorities establish a licence fee structure that takes account of the following:
• type of licence with lower fees for home sharing and home letting
licences than for a secondary letting licence; and
• guest capacity - the intended maximum number of guests, as requested
by the host or operator on their application form. 
3.24. Note that a licensing authority may specify a maximum occupancy for safety
reasons that is lower than the number of guests an applicant has requested.
In this instance licensing authorities may choose to, but do not have to, refund
the difference between the fee paid and the fee that would have been paid
had the application specified the maximum occupancy figure.
3.25. Within this recommended fee structure, licensing authorities may decide to
group guest numbers into bands. An example banded fee structure is set out
below:
Guest capacity
(people)
Home sharing and
home letting licence
Secondary letting
licence
1 or 2 £ [  ] £ [  ]
3 or 4 £ [  ] £ [  ]
5 or 6 £ [  ] £ [  ]
7 or 8 £ [  ] £ [  ]
9 to 12 £ [  ] £ [  ]
12 to 20 £ [  ] £ [  ]
20+ £ [  ] £ [  ]  
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4. Handling licence applications
4.1. Licensing authorities will be familiar with the processes under the 1982 Act for
determining licence applications. This chapter focuses on obligations and
considerations that are specific to the short-term let licensing scheme.
(a) Additional information from applicants
4.2. Licensing authorities may request, and the Scottish Government recommends
they do request, additional information on licence application forms11.  The
following information, if requested, would need to be included in the public
register12:
• the number of bedrooms in the premises,
• data on availability and occupancy,
• contact details for the manager of the premises, if different from the
applicant, and
• the Energy Performance Certificate rating.
4.3. Requesting data on availability and occupancy could be useful to licensing
authorities in better understanding the level of short-term let activity and help
to determine the maximum occupancy number.
(b) Planning considerations
4.4. A licensing authority may refuse to consider a licensing application if the host
or operator of a dwellinghouse within a short-term let control area needs
planning permission but does not have it13. This power is designed to assist
licensing authorities in handling applications for secondary letting but licensing
authorities can use it in other circumstances too, such as letting rooms in your
own home. Further details can be found in planning guidance for hosts and
operators14. The licensing authority has 21 days from receipt of a valid
application to decide to refuse to consider the application on these grounds. 
11 The 1982 Act allows for applications to include “such other information as the authority may
reasonably require” (paragraph 1(2)(e)) and allows the licensing authority to “make such reasonable
enquiries as they think fit” (paragraph 4(1)).
12 See paragraph 14(4)(m) of schedule 1 to the 1982 Act, inserted by the Licensing Order.
13 Paragraph 2A of schedule 1 to the 1982 Act, inserted by the Licensing Order.
14 https://www.gov.scot/isbn/9781804351925 
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4.5. If a licensing authority refuses to consider an application for this reason, they
must tell the host or operator within seven days and explain why they are
refusing to consider the application.
4.6. A host or operator who has subsequently obtained planning permission (or a
certificate of lawfulness of use or development), can resubmit their licensing
application and the licensing authority must not charge any additional fee,
provided the host or operator submits their application within 28 days of
obtaining planning permission (or certificate).
4.7. Existing hosts or operators who have made a licence application by 1 April
2023 can continue to operate in the time it takes for their licence application to
be finally determined, which means it is granted, refused or the licensing
authority refuses to consider the application because it considers that use of
the premises for a short-term let would constitute a breach of planning control. 
4.8. Before 1 April 2023, licensing authorities cannot determine a licence
application on the basis it breaches planning control unless they have given
existing hosts a chance to submit an application for planning permission or for
a certificate of lawful existing or proposed use or development (“CLUD”).
Licensing authorities can determine a licensing application before this date
where planning permission or a CLUD has already been refused.
4.9. The applicant has three months to submit an application for planning
permission or for a CLUD. If they do not do so within three months, the
application is finally determined for these purposes and the applicant must
cease providing short-term lets. The deadline for all short-term lets to be
licensed has therefore been extended from 1 April 2024 to 1 July 2024.
Links with control areas
4.10. The high-level policy purpose behind control areas is as follows: 
to help manage high concentrations of secondary letting (where it affects the
availability of residential housing or the character of a neighbourhood); to
restrict or prevent short-term lets in places or types of building where it is not
appropriate; and to help local authorities ensure that homes are used to best
effect in their areas. 
4.11. It is a mandatory condition that a host or operator has planning permission or
has made an application for planning permission where all of the following
conditions apply:
• their premises is in a control area;
• they are using it for secondary letting; and
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• it is a dwellinghouse.
4.12. In these circumstances, the host or operator must have made an application
for planning permission or already have planning permission before they apply
for a licence. In most cases, planning applications are determined within two
months15.
4.13. Licensing authorities should be aware that planning authorities could
designate control areas affecting licensed premises after they have been
licensed. Licensing authorities should ensure that licensed hosts or operators
who may be affected by the designation of a control area are alerted as part of
the planning authority’s consultation process.
4.14. Licensing authorities should give licensed hosts and operators a reasonable
opportunity to comply with this mandatory condition by submitting a planning
application. The host or operator should do this as soon as possible after the
control area is designated.
4.15. Where are a control area is designated, licensing authorities should publish
details of this on their website. This will assist hosts in determining whether or
not to apply for a licence, in the knowledge that planning permission or a
certificate of lawful use or development will be required. 
Where planning permission is refused 
4.16. Licensing authorities should be advised by planning authorities where they
refuse planning permission for short-term lets (see Planning Circular
1/2021).  The licensing authority should then ensure that any application or
licence contingent on the planning permission is refused, varied or revoked as
appropriate. 
4.17. Note that it will not always be necessary for an application to be refused or
licence to be revoked.  For example, a host or operator may have a licence to
let out one bedroom in their own home but have submitted an application to
vary the licence, and an accompanying planning application, in order to let out
three bedrooms. In this case, the applications might be declined but the
existing licensed activity can continue. 
(c) Licence numbers
4.18. Licensing authorities must issue a unique licence number to existing hosts
and operators who apply for a licence before 1 April 2023, as soon as
reasonably practicable after an application for the licence has been made16.                                            
15 Scottish Government: Getting Planning Permission.
16 Paragraph 2(1A) of schedule 1 to the 1982 Act, inserted by the Licensing Order.
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This is known as a provisional licence number (not to be confused with a
licence number for a temporary licence) and is to allow existing hosts to
continue operating until their application has been determined (licensing
authorities have until 31 March 2024 to do this). 
4.19. Provisional licence numbers will not be issued to new hosts from 1 October
2022, or anyone applying after 1 April 2023, as they cannot operate whilst
their application is being determined.
4.20. The Scottish Government expects licensing authorities to issue licence
numbers in a consistent format across Scotland. This consistency is to aid
with data handling (see chapter 7) and to assist letting agencies and
platforms in being able to host the licence number provided by the host or
operator in their listings. The format is set out and explained in this chapter
and specified in Annex A. 
4.21. This expectation for consistency in format also applies to:
• temporary licences; and
• temporary exemptions.
4.22. This means that all hosts and operators in Scotland providing short-term lets
will have such a number. For ease, we will call this the licence number
throughout the rest of this chapter.
4.23. The format of the licence number, alongside information contained in the
public register, will allow anybody to identify:
a) the licensing authority who issued the licence (and therefore the area to
which the licence relates);
b) the type of short-term let to which the licence relates (public register);
and
c) the type of licence (or exemption).
4.24. The licence number will also include a 5 digit number issued by the licensing
authority. The overall licence number will be unique across Scotland when
combined with the header data set out in 4.23. 
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(d) Notifying residents and neighbours
4.25. Applicants have responsibility for giving notice17 of an application for a new, or
renewal of a, short-term lets licence.
4.26. Applicants are required to display a site notice at or near the premises so that
it can be conveniently read by the public for a period of 21 days beginning
with the date on which the application was submitted to the licensing authority. 
4.27. A notice must state—
a) that an application has been made for a licence,
b) the main facts of the application18,
c) that objections and representations in relation to the application may be
made to the licensing authority, and
d) how to make objections or representations.
4.28. Applicants are required by para 2(4) of schedule 1 to the 1982 Act to certify
compliance that they have displayed the site notice as soon as possible after
the 21 days has expired. 
4.29. A template site notice and certificate of compliance have been included in
Licensing Guidance Part 1, however, licensing authorities may wish to
develop their own forms for applicants to use. 
Objections
4.30. An objection must specify the grounds, but the grounds are not limited by, or
defined in, the 1982 Act19.
4.31. Licensing authorities may entertain late objections if they are satisfied there is
a sufficient reason as to why it was not made on time. Where a licensing
authority entertains a late objection, they must satisfy themselves as to the
sufficiency of the reason for lateness and explain why they have decided to
entertain the objection.
(e) Maximum occupancy condition
4.32. It is a mandatory condition that hosts and operators ensure that they do not
exceed the maximum number of guests for their premises. This includes                                            
17 Paragraph 2 of schedule 1 to the 1982 Act, has been significantly modified by the Licensing Order.
18 The details are specified in paragraph 2(3) of schedule 1 to the 1982 Act, inserted by the Licensing
Order.
19 Paragraph 3(1)(b) of Schedule 1 to the 1982 Act.
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making the maximum occupancy clear on adverts and listings and in booking
terms and conditions. 
4.33. Hosts and operators will state in their application how many guests they would
like to accommodate. It would be helpful if licensing authorities could set out
how it will determine maximum occupancy, to enable hosts and operators to
understand how this will be calculated.
4.34. The Scottish Government expects licensing authorities to consider criteria (a)
and (b) below when determining maximum occupancy. They may also wish to
take other factors into account as relevant, such as (c), using the lowest of
these numbers to determine maximum occupancy:
a) the number requested on the application form
b) the maximum number that can be accommodated safely (broken down
to the number of adults and the number of children)
c) the maximum number that can be accommodated within tolerable noise
and nuisance standards for neighbours
4.35. In order for licensing authorities and Scottish Fire and Rescue Service to
undertake an assessment of the maximum number of guests that can be
accommodated safely, it is desirable for licensing authorities to ask applicants
to submit (as part of their application) floor plan(s) for their premises indicating
room sizes, fire escape routes and accommodation intended for guests with
mobility impairment.  Licensing authorities may also wish to ask for plans to
show the location of any steps, stairs, elevators or lifts in the premises, as well
as the extent and boundary of the building – if relevant. 
Children
4.36. Licensing authorities may choose to specify on a licence that guests may
bring a certain number of small children under a specified age limit and these
would not count towards the occupancy of the premises. Children above the
age limit and any additional children of any age would count towards the
occupancy. Licensing authorities may wish to set the age limit as under 10
years, which is in line with the reference to children in the context of housing
within the Housing Act (Scotland) 1987.  
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5. Setting additional licence conditions
(a) Whether to set additional conditions
5.1. In addition to the mandatory licence conditions, which apply to all short-term
lets across Scotland, licensing authorities may impose additional conditions20.
5.2. Additional conditions can help licensing authorities to respond to local
challenges and concerns specific to certain models of short-term letting (for
example, secondary letting in tenement flats).
5.3. An additional condition must not be used to tackle a breach of an existing
condition (whether it is a mandatory or additional condition); enforcement
notices should be used for this purpose – see chapter 6.
5.4. A central policy objective of short-term let licensing is to ensure that the
accommodation provided is safe.  Where the licensing authority considers that
there are significant risks to safety and security, it may be more appropriate
to:
• refuse an application;
• delay granting an application;
• issue an enforcement notice; 
• vary or suspend a licence; or
• revoke a licence.
5.5. Some of these measures are temporary and allow remedial action to be taken
and the licensing authority to be content that the risk has been reduced or
removed appropriately.
The issues that might be addressed
5.6. Some of the issues raised by residents and communities in relation to short-
term lets, through the public consultation, research and elsewhere, include:
• overcrowding of the property;
• noise and nuisance, including drunkenness, smoking and drug-taking; 
20 Section 3B of the 1982 Act gives licensing authorities the power to determine conditions to which
licences are to be subject (“standard conditions”) which we are calling “additional conditions” in this
guidance because they are additional to the mandatory conditions.
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• litter or other mess in communal areas;
• failure to maintain the property in a good state of repair;
• failure to maintain, or contribute to the cost of, communal area repairs and
increased wear and tear;
• damage to property (e.g. from key boxes affixed to walls); and
• unlawful activity (e.g. using the property as a brothel).
5.7. Additional conditions allow licensing authorities to tackle many of these issues
whilst still allowing the premises to be used for short-term lets.
(b) Scope of additional conditions
5.8. Licensing authorities have broad powers around which premises have
additional conditions attached to them. Different additional conditions may be
determined:
• in respect of different licences, or different types of licence; or
• otherwise for different purposes, circumstances or cases.
5.9. Licensing authorities cannot use additional conditions to contradict, modify or
dilute mandatory conditions.
(c) How to publicise additional conditions
5.10. Licensing authorities must publish their additional conditions, and failure to do
so means the conditions have no effect. 
5.11. The Scottish Government expects licensing authorities to:
• include additional conditions on the licence documentation provided to
the host or operator;
• publish their additional conditions on their website, together with the
criteria and circumstances they will use to determine when these
apply.
(d) How to draft an additional condition 
Preliminary
5.12. Licensing authorities are experienced in applying the Civic Government
(Scotland) Act 1982 and, in determining whether additional conditions are
appropriate, will wish to be satisfied that:
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• the matter is not already covered by the requirements of the 1982 Act,
Licensing Order or mandatory conditions;
• the matter is not already sufficiently covered by other legislation (i.e.
already unlawful and enforceable);
• the matter is sufficiently serious to merit an additional condition, rather
than a verbal warning, letter or memo;
• the matter is not a breach of an existing condition in which case an
enforcement notice should be used – see chapter 6; and
• the proposed additional condition does not contradict the requirements
of the 1982 Act, Licensing Order or mandatory conditions.
5.13. It is advisable for licensing authorities to consider if an additional condition
might have unintended consequences that are potentially as severe or worse
than the issue to be addressed. For example, measures to limit noise indoors
might lead to guests making noise outdoors instead.
Making it SMART
5.14. It is good practice for licensing authorities to ensure the format and wording of
additional conditions are:
(i) Specific (unambiguous – anyone can understand what is meant by the
condition);
(ii) Measurable (enforceable – the licence holder will know when they have
complied or are complying with the condition);
(iii) Action-oriented (place a duty and clear action on the licence holder to
do or prevent something);
(iv) Realistic (is it reasonable to expect the condition is achievable); and
(v) Time-bound (where there is an action to be completed, rather than an
on-going action).
Structure
5.15. The Scottish Government expects any additional condition to be set out in four
parts: 
(i) Issue – what is the issue or problem with the premises or short-term let
activity? 
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(ii) Reasoning – why is the additional condition required? There should be
general and specific reasoning relating to the condition. This will help the
licence holder understand that the specific action they are being asked to
take is fair because it is to ensure a general outcome that applies in other
similar circumstances. It will also help the licensing authority defend the
condition should it be appealed and allow the Procurator Fiscal to explain
the background should the matter ever proceed to the criminal courts.
(iii) Action - what must the licence holder do?
(iv) Deadline – when any specific actions must be completed by?
Example
Issue
Upon inspection of the guest accommodation, the paths around the
property were found to have uneven slabs at various locations, namely to
the front and the side of the property.
Reasoning
General: All parts of a short-term let, both internally and externally, shall be
maintained in a reasonable state of repair to the satisfaction of X Council
and be free from any defect liable to prejudice the health and safety of the
occupants. 
Specific: Uneven slabs along the footpath, are a trip hazard and may cause
a guest to trip and fall over.
Action
The licence holder must ensure that:
1. Repair work is carried out to lift and relay or renew the slabs at the
uneven areas on the pathways around property, ensuring that the path
is level and free of trip hazards.
2. Access to the uneven areas of the pathways around the property is
prohibited until the repair work (set out at 1 above) has been carried
out.
Timeframe
The works outlined above at (1) must be completed as soon as reasonably
practicable but no later than [date]. 
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(e) Prohibited condition: limits on nights
5.16. Licensing authorities must not impose an additional condition limiting the
number of nights a property may be used for secondary letting. The policy
intention behind this is to ensure premises are not left empty for large periods
each year21. 
5.17. This condition does not apply to home sharing and home letting.
(f) Template additional conditions
5.18. The Scottish Government has included suggested templates for the following
issues:
• antisocial behaviour;
• privacy and security;
• noise;
• littering and waste disposal;
• damage to property.
5.19. Licensing authorities are encouraged to adopt this format when determining
additional conditions to ensure consistency across Scotland.
Antisocial behaviour
5.20. While there are already a range of powers available to licensing authorities to
deal with antisocial behaviour through provisions in the Antisocial Behaviour
etc. (Scotland) Act 2004, there are levels of noise and disturbance that may
fall short of being described as a statutory nuisance but are considered
unacceptable in planning terms (and licensing terms).  
5.21. Licensing authorities may wish to include a condition requiring the licence
holder to manage their premises in a way to prevent anti-social behaviour as
far as reasonably practicable, and to effectively deal with any instances of
anti-social behaviour. 
21 Paragraph 5(2B) of schedule 1 to the 1982 Act, as inserted by the Licensing Order.
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Template additional condition
1.  The licence holder must take reasonable steps to manage the premises
in such a way as to seek to prevent and deal effectively with any antisocial
behaviour by guests to anyone else in the short-term let and in the locality
of the short-term let. 
2.  The licence holder must take reasonable steps to:
• ensure that no disturbance or nuisance arises within or from the
premises, for example by explaining the house rules to the guests;
• deal effectively with any disturbance or nuisance arising within or
from the premises, as soon as reasonably practicable after the
licence holder is made aware of it; and
• ensure any vehicles belonging to guests are parked lawfully, for
example explaining where any designated parking spaces are to be
found and highlighting any local rules. 
Privacy and security
5.22. Licensing authorities may wish to impose conditions to ensure that the privacy
and security of neighbours is safeguarded. While terms will vary depending on
the exact circumstances, the following template could be used where there is
a shared entrance through which both guests and residents pass.  
Template additional condition
1.  The licence holder must manage the premises in such a way as to
respect and protect the privacy and security of neighbours.
2.  The licence holder must ensure:
• guests know and understand any particular rules applying to shared
areas and entrances;
• guests understand that shared doors should be properly and
securely closed after use; and
• the provision of access codes or keys to guests cannot be used by
guests to gain access to shared areas after they have finally
departed. 
Noise
5.23. Licensing authorities may wish to impose conditions to minimise noise impact
on neighbouring properties to short-term lets, particularly those in flatted,
terraced or semidetached dwellings. Only conditions which are strictly
necessary in the specific circumstances should be attached to a licence.
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5.24. Noise conditions could include:
a) Physical moderations to the property in order to minimise noise impact
on neighbours, such as:
• replacing wood floors with carpeted or vinyl flooring; or
• installing door closers to prevent doors being slammed.
b) Installation of noise monitoring kit within the premises to log noise, and
notify the owner of any noise above a certain specified dB limit. Limits
to be specified based on time of day, with lower noise limits overnight. 
Licensing authorities should be aware that noise monitoring kit within
the premises is not useful in respect of noise occurring in external
areas; and noise monitoring in external areas presents a range of
challenges, including respect for the privacy of others and identifying
the source of the noise.
5.25. Licensing authorities may want to set specific standards for floor coverings in
certain circumstances.  
5.26. Where physical alterations are required, licensing authorities may wish to
physically inspect the property, or accept photographic or video evidence that
the alterations have been completed to their satisfaction.
5.27. Where licensing authorities wish to require installation of noise monitoring kit,
they may want to specify (subject to the capability of the kit and/or service
provider): 
• the appropriate specification and location for installation of the kit; 
• day and night limits;
• any monitoring logging requirements (for example the time interval for
logging noise); and
• the protocols for notification of a breach to the host, and to the licensing
authority if necessary.
5.28. In considering the appropriate location for noise monitoring equipment,
licensing authorities may wish to consider whether it would be both
appropriate, and feasible, to request the installation of noise monitoring kit in
shared areas such as tenement stairwells. On one hand, if noise monitoring
kit was installed in a tenement stairwell it may be difficult to determine who
was responsible for the noise (guests or neighbours). However, if it was
combined with noise monitoring kit within any short-term let operating in the
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stairwell it may be possible to determine and attribute noise disturbances by
comparing the logs of both sets of noise monitoring kits.
Template additional conditions
The licence holder must ensure that the bedrooms, living room and hallway
in the premises are carpeted.
The licence holder must ensure that noise monitoring equipment [of type x]
is maintained in full working order [in location y] and that the maximum
reading does not exceed [a] decibels between 7 am and 11 pm, nor [b]
decibels between 11 pm and 7 am. 
5.29. Licensing authorities may wish to attach conditions relating to particularly
noisy activities. For example, introducing a prohibition on guests checking in
and checking out from a short-term let within a defined time period, to
minimise noise impact in common areas, particularly from luggage. Where
licensing authorities choose to apply this condition, the prohibition should
normally be between 11 pm and 7 am to ensure consistency across Scotland. 
Template additional condition
The licence holder must take reasonable steps to ensure that guests do not
first arrive or finally depart from the property between the hours of 11 pm to
7 am. The licence holder must advise guests of this as part of their booking
terms and conditions.
(Note: “reasonable steps” allows for exceptions, such as significantly
delayed transport.) 
Littering and waste disposal
5.30. There are fixed penalties of £80 for littering and £200 for fly tipping. Alleged
offenders are required by law to provide their name and address to
enforcement officers 22.
5.31. Penalties can be issued by Police Scotland, by licensing authorities, and by
public bodies including Loch Lomond and the Trossachs National Park.
5.32. Littering could occur within common areas in properties with shared facilities,
such as tenements, as well as public areas within the vicinity of a short-term                                            
22 Managing waste: https://www.gov.scot/policies/managing-waste/litter-and-flytipping/
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let. In both instances, it would be difficult to attribute any instances of littering
to a particular property, or guest within a property. 
5.33. Visitors using residential waste provision can put a strain on shared facilities. 
For example, short-term lets within a tenement creating a larger amount of
waste due to increased turnover of guests and cleaning than a typical
residential flat, putting strain on communal bins.  Note, however, that waste
from businesses operating secondary lets should not be treated as household
waste but rather as commercial or trade waste; it cannot be placed in
communal bins. 
Template additional condition
1.  The licence holder must provide adequate information on, and facilities
for, the storage, recycling and disposal of waste.
2.  The licence holder must advise guests of:
• their responsibilities;
• the use of the bins / sacks provided for the premises; and
• the location of the nearest recycling centre or recycling point. 
3.  The licence holder must:
• clearly label bins as belonging to the premises;
• ensure that guests manage their waste in compliance with (2),
including when they depart; and
• maintain the bin storage area and the exterior of the premises in a
clean and tidy condition. 
Damage to property
5.34. With regard to preventing damage to public and private property:
Template additional condition
The licence holder must not affix a key box, or other device to facilitate
guest entry to the property, to any public or jointly owned private
infrastructure without prior written permission of the relevant authority or
owner(s). The licence holder must be able to produce the permission to the
licensing authority on request.
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6. Complaints and enforcement
(a) Handling complaints
6.1. Complaints about hosts and operators can be considered under powers in the
1982 Act23. Anybody may make a complaint to a licensing authority about the
way that hosts and operators are operating their short-term lets, although
complaints are most likely to be received from neighbours and guests.
Complaints from neighbours may be about an actual, or suspected, short-term
let. Whether the complaint is from a guest or a neighbour, it may be justified or
unjustified.
6.2. As a general principle, licensing authorities should seek to try to resolve a
complaint through engagement with the host or operator in the first instance. 
If this is not successful, then the procedures under the 1982 Act should be
used.
From guests
6.3. In the first instance guests should raise any concerns with their host or
operator, letting agency or platform. If they remain unsatisfied or the issue is
sufficiently grave they may contact the relevant licensing authority. Licensing
authorities are expected to establish a clear process for handling contact from
guests.
From neighbours
6.4. Neighbours might complain about the following, for example:
• the number of people staying at the premises;
• noise, disturbance or instances of antisocial behaviour; 
• issues around maintenance, guests in common areas and accumulation of
refuse (especially in flats or tenements); or
• suspected unlicensed short-term lets. 
Complaints about suspected unlicensed operators should be directed to
Police Scotland. 
Clear information
6.5. In order to assist guests, neighbours and others in making a complaint, the
Scottish Government expects licensing authorities to publish details on how                                            
23 Specifically, paragraphs 11 and 12 of Schedule 1.
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complaints can be made on their webpage, including: grounds that would not
be considered valid for a complaint, relevant contact details, and estimated
timescales for acknowledging and responding to complaints.
Triage and redirection
6.6. Licensing authorities may wish to provide a single portal to cover both
licensing and planning matters for short-term lets, which would direct the
complaint to the relevant local authority department, rather than expecting
neighbours to understand whether their concern is a licensing or planning or
other matter.
6.7. Licensing authorities may need to direct some complaints to planning
authorities, letting agencies, platforms, VisitScotland, Police Scotland or other
bodies for further investigation. 
Case management
6.8. Keeping records of complaints and their outcomes will be important evidence
for licensing authorities to maintain, in order to have an accurate picture of the
compliance or otherwise of hosts or operators.
6.9. Licensing authorities may wish to note that VisitScotland operates a fully
traceable complaints procedure for businesses in their quality assurance
scheme. Complaints, depending on their nature, are recorded and either dealt
with immediately (a business is asked to respond to any points of concern
raised) and/or made visible to their Quality & Tourism Advisor team for
addressing at the time of their next grading visit. In all cases, a reassessment
of accommodation standards is made at subsequent live visits (usually on a
biennial basis) and the appropriate award is allocated.
Speed of turnaround
6.10. The Scottish Government expects complaints to be acknowledged within five
working days and complainants to be appropriately kept up to date with the
progress of their complaint; sometimes this may simply be advising them of
the outcome.
Assessing complaints
6.11. Some complaints will require enforcement action from the licensing authority. 
Options for enforcement action are set out in paragraphs 6.27 and following
below.
6.12. Some complaints may not require enforcement action from the licensing
authority, for example:
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• where the licensing authority determines that the complaint is frivolous
or vexatious;
• the complaint relates to a matter which has already been investigated
and the complaint was found to be unjustified;
• action has already been taken or is in progress; or
• the complaint relates to a matter which is outside the scope of the
licensing scheme, for example around the quality of the stay.
(b) Taking a risk-based approach to ensuring compliance
6.13. The expectation is that licensing authorities will take a risk-based approach to
ensuring compliance, this includes allowing self-certification where
appropriate and only using inspections where there are grounds to do so. 
6.14. Some of the factors they may wish to consider when deciding whether to carry
out an inspection of a particular premises might be:
• other accreditation obtained by the host or operator; 
• feedback from Police Scotland and the Scottish Fire and Rescue
Service, who may have their own views, suggestions or requirements
around risk assessment and prioritisation; 
• peculiarities of the operation (e.g. unconventional accommodation); 
• pattern of complaints associated with the host, operator or premises; 
• intelligence from other inspections (which may indicate a higher
incidence of issue or non-compliance with hosts or operators or
premises of that type or in that area); and 
• reputational evidence (where available) from guest reviews and
internet profile.
6.15. Licensing authorities will determine the appropriate balance of:
• self-declaration from hosts and operators;
• checking relevant documentation;
• allowing for third-party accreditation; and
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• visits to premises by licensing authority and other local authority
officials.
6.16. There is no specific liability on licensing authorities in terms of a “failure to
inspect”; the licensing authority’s duties to consider an application and grant a
licence, and thereafter to ensure adherence with a licence’s conditions,
remain in line with the 1982 Act provisions and the current licensing
framework.
(c) Third party accreditation
6.17. It is entirely for licensing authorities to determine what they will accept from
hosts and operators to demonstrate compliance with the mandatory
conditions, and any additional conditions which the licensing authority has
attached. Licensing authorities may wish to consider accepting third party
evidence, accreditation or certification from bodies such as Quality in Tourism
or Visit Scotland in lieu of visiting premises in some circumstances. This may
provide efficiencies for licensing authorities, whilst still ensuring that minimum
mandatory standards are met. This might be particularly beneficial in the case
of remote, rural premises.  
(d) Identifying unlicensed short-term lets
6.18. Licensing authorities, letting agencies and platforms all have a role to play in
identifying and eliminating unlicensed short-term lets. 
6.19. While licensing authorities are obliged to maintain a public register of licensed
short-term lets and update this on a quarterly basis, it is desirable for the
register to be updated as often as possible to provide an accurate record that
can be checked to find out whether a licence for a short term let premises: has
been granted or refused, is being determined, has been revoked or has
lapsed. 
Proactive action by the licensing authority
6.20. Licensing authorities should consider how they will monitor whether there are
hosts or operators in their area that are trading without a valid short-term lets
licence.
Proactive action by letting agencies and platforms
6.21. Hosts and operators are allowed to advertise their properties without a
licence. However, from 1 October 2022 new hosts and operators cannot
accept bookings until they have obtained a licence. After this date letting
agencies and platforms should not allow a booking to be made by a new host/
operator until a licence number can be provided.
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6.22. Existing hosts that have been trading on or before 30 September 2022 may
continue to accept bookings after 1 October 2022 but only if they have applied
for a licence by 1 April 2023 and once it has been determined, the licence is
granted. Licensing authorities are expected to issue a provisional licence
number on receipt of a licensing application to facilitate this. By 1 July 2024,
existing hosts should not be trading unless they have been granted a full
licence.
6.23. Where it appears that a host or operator is attempting to operate without a
licence when one is required, or where the letting agency or platform has
other concerns about breaches of licence conditions (e.g. bookings being
taken for numbers of guests that exceed the maximum occupancy), they are
expected to report these to the relevant licensing authority.
6.24. Hosts and operators:
• must ensure that any advert or listing placed on or after they are
granted a licence includes their licence number;
• are advised to make clear in their terms and conditions that the booking
is conditional on the guests’ compliance with the licensing scheme.
6.25. Letting agencies and platforms should take steps to help hosts and operators
comply with this.
6.26. The Scottish Government has specified a consistent licence number format
for the whole of Scotland (see ANNEX A).  Letting agencies and platforms are
expected to undertake checks to identify any inconsistencies between the
licence type and the listing. For example, where a host/ operator is using a
home sharing and home letting licence number but advertising the property as
being a whole property let, as evidenced by, for example, it not being their
billing or contact address.
(e) Options for enforcement action
6.27. The options for enforcement action for licensing authorities provided through
the Licensing Order and 1982 Act are:
• additional licence conditions on application (or through variation) – see
chapter 5;
• enforcement notices – see paragraphs 6.28 and following below;
• variation, suspension or revocation of the licence – see
paragraphs 6.32 and following below; or
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• pursuance of prosecution in respect of offences under the 1982 Act –
see paragraphs 6.37 and following below.
(f) Enforcement notices
6.28. Licensing authorities have the power24 to serve enforcement notices. Where
complaints, visits to premises, or other information, suggest that any licence
condition has been breached, licensing authorities can require a licence
holder to take action to put it right. This will usually be done by serving an
enforcement notice (“non-compliance” or “improvement” notice). Such notices
must set out the matters constituting a breach or a likely breach, the action
required to rectify or prevent the breach and the date by which the action must
be taken.
6.29. Enforcement notices can also be served if a licence condition is felt likely to
be breached, for example, a host or operator is advertising property with a
maximum capacity of ten guests in breach of a licence condition specifying no
more than eight. This would be evidenced in a listing or advertisement.
6.30. The format of an enforcement note may be similar to an additional condition
(see chapter 6).  An enforcement notice must specify—
• the matters constituting the breach or likely breach25,
• the action to be taken by the licence holder, which the licensing authority
considers necessary for the purposes of rectifying or, as the case may be,
preventing the breach, and
• the date by which the action must be taken.
6.31. If satisfactory action is not taken by the required date(s) to address the issues
set out in a notice, licensing authorities have powers to vary, suspend or
revoke a licence.
(g) Variation, suspension and revocation
6.32. A licensing authority may vary, suspend or revoke a licence in certain
circumstances, see Guidance Part 1. Licensing authorities may do this without
serving an enforcement notice if the seriousness of the breach justifies urgent
action.
6.33. The procedures to follow for variation, suspension and revocation are set out
in schedule 1 to the 1982 Act.                                            
24 Paragraph 10A of schedule 1 to the 1982 Act, as inserted by the Licensing Order.
25 See the Policy Note (Paper 2) for more information.
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6.34. Hosts and operators can appeal against being served with a notice of
variation, suspension or revocation. Hosts and operators can take bookings
and provide accommodation whilst they appeal a revocation or suspension
and they have 28 days in which to lodge an appeal.
Variation
6.35. A licensing authority may vary the terms of a licence on any grounds they
think fit26.  They can do this at any time. They can do this following an
application made to them by the licence holder or of their own initiative.
Suspension or revocation
6.36. Licensing authorities may order the suspension or revocation of a licence27 if
in their opinion—
• the licence holder is no longer a fit and proper person to hold the licence;
• the licence holder is managing the property on behalf of someone who
would have been refused the grant or renewal of the licence;
• the short-term let is causing or is likely to cause undue public nuisance or
a threat to public order or public safety; or
• a condition of the licence has been contravened.
Where the licensing authority revokes a licence, no further application can be
made by that host or operator in respect of that premises within one year of the
date of revocation.
(h) Offences under the 1982 Act
6.37. Section 7 of the 1982 Act28 sets out four offences, as set out below. These
currently attract fines on the standard scale29:                                              
26 Paragraph 10 of schedule 1 to the 1982 Act.
27 Paragraph 11 of schedule 1 to the 1982 Act.
28 Section 7 of the 1982 Act.
29 As set out at section 225 of the Criminal Procedure (Scotland) Act 1995.
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Level on the scale Maximum fine
1 £ 200
2 £ 500
3 £1,000
4 £2,500
5 £5,000 
Operating without a licence
6.38. It is an offence, without reasonable excuse, to carry on an activity for which a
licence is required without having such a licence. Depending on the activity,
different punishments apply. The default is a fine not exceeding level 4 on the
standard scale.
6.39. The Scottish Government intends to increase the maximum fine to £50,000
through provision in a suitable Bill early in this session (2021-26) of the
Scottish Parliament. 
6.40. Only imprisonment may be a sufficient deterrent in rare and extreme cases. 
The Scottish Government intends to make provision for imprisonment as a
last resort for hosts who continue to operate without a licence. Imprisonment
could be useful where the potential revenue for the host or operator from
continuing to operate without a licence exceeded the maximum fine and the
host or operator was continuing to operate in flagrant disregard of the law.
Failing to comply with a licence condition
6.41. It is an offence to fail to comply with a licence condition, though it is a defence
to have used all due diligence to prevent the offence. The default is a fine not
exceeding level 3 on the standard scale. 
6.42. The Scottish Government intends to increase the maximum fine to £10,000
through provision in a suitable Bill early in this session (2021-26) of the
Scottish Parliament.
6.43. The maximum occupancy condition limits the number of guests in the
premises. Breaching this condition might lead to significantly more revenue. 
The fine for failing to comply with the licence condition must outweigh the
profit made from such a breach.
6.44. Note that some mandatory conditions are also enforceable through other
legislation. Hosts and operators must include an EPC rating in their listing
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where they are required to have a valid EPC certificate for the premises under
building standards legislation. A host or operator who fails to hold a valid EPC
certificate, where required to have one under building standards legislation,
can be fined as follows as a minimum30:
• £500 for failing to hold a valid EPC certificate; and
• £500 for failing to display a rating on any property listing.
Failing to notify a change etc.
6.45. It is an offence for a licence holder, without reasonable excuse, to: 
a) fail to notify the licensing authority of a material change of circumstances
(level 3 on the standard scale),
b) make or cause or permit to be made any material change in the premises
(level 3 on the standard scale),
c) fail to deliver the licence to the licensing authority (level 1 on the standard
scale).
Making a false statement
6.46. It is an offence to make a false statement in an application (level 4 on the
standard scale). 
6.47. The Scottish Government intends to increase the maximum fine to £10,000
through provision in a suitable Bill early in this session (2021-26) of the
Scottish Parliament.
6.48. Licensing authorities should be aware that some hosts or operators may make
a false declaration about where they live, in order to apply for a home sharing
or home letting licence, rather than a secondary letting licence. The host or
operator may be attempting to obtain a licence with a lower fee and to avoid
planning controls.                                              
30 Energy Performance Certificates: introduction - gov.scot (www.gov.scot)
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7.  Licensing data
(a) Introduction
7.1. Licensing authorities are required to maintain a public register of short-term let
licences, and share the content of the register with Scottish Government on
an ongoing regular basis in a format that enables analysis of the information.
By 1 July 2024, Scotland will have accurate up-to-date data on the number of
short-term lets operating (based on licence applications), and their exact
location (as well as other relevant data). 
7.2. As data controllers, licensing authorities are responsible for ensuring
compliance with UK General Data Protection Regulations, this includes
storage, handling and disposal of all data related to licence applications they
receive. The Data Protection Impact Assessment (DPIA)31 sets out further
detail for licensing authorities, as data controllers, on:
• data controllers and safeguards;
• data security;
• anonymity and pseudonymity;
• data handling procedures;
• storage and disposal of data; and
• identification methods.
7.3. Licensing authorities must not keep personal data for longer than needed. 
Licensing authorities are responsible for storing data and disposing of it when
it is no longer needed. Personal information must only be held for as long as it
is necessary for the effective administration of the licensing scheme.
7.4. Licensing authorities may share personal data, for specific purposes, as
follows:
• Within and between local authorities, Scottish Fire and Rescue Service
and Police Scotland as part of the notification process in order to carry out
background checks.
• With other licensing authorities, to share the reasons for suspending,
varying or revoking a licence with each other32. This might be relevant for
example if a host/operator is deemed no longer fit and proper to hold a
licence in one area and is also licensed by more than one licensing
authority.                                            
31 Impact assessments contained within: Short-term lets – licensing scheme and planning control
areas: consultation analysis - gov.scot (www.gov.scot)
32 Paragraph 14A of Schedule 1 to the 1982 Act, as inserted by the Licensing Order.
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• Publication in the public register of licences, see paragraphs 7.7 and
following below. 
• Quarterly submissions to Scottish Government, so that data on licences
from each local authority can be amalgamated at a national level, and to
review against policy objectives. No personal data will be published in
Scottish Government reports on short-term letting activity.
• With letting agencies and platforms, or any person involved in advertising
or listing of a property of the fact that:
o unlawful unlicensed premises are being advertised or listed; or 
o a licence has been suspended or revoked (or varied where the
variation affects the maximum occupancy of the property). This will
allow letting agencies and platforms to remove adverts or listings or
require amendment if they are inaccurate. 
7.5. Further details on data processing can be found in the DPIA in the 2020
consultation report. Information about the processing of personal data is set
out section C of the DPIA. 
(b) Managing the data
7.6. The lawful basis and objectives for collecting, processing and sharing the data
(set out in the DPIA) require licensing authorities to:
a) collect sufficient data for monitoring and enforcement purposes,
including setting out requirements for the sharing of relevant
information between licensing authorities for hosts and operators with
premises in more than one area (operational data). 
b) share data, including the number, type and location of short-term lets,
with Scottish Government in a consistent format on an ongoing regular
basis (analytical data). The Scottish Government will combine data
into a national database for subsequent analysis but will not include
personal data in its report. Operational and analytical data is expected
to be shared using the same format and data field specifications as in
the public register, with any additional fields appended. 
c) publish and maintain a register of short-term let licences and their
status (granted, refused, being determined, revoked, lapsed etc.),
which can be accessed and searched by members of the public
(public register). Licensing authorities must publish the register on a
quarterly basis. 
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(c) The public register
7.7. The specification for the register is set out at Annex B with the data fields. 
Licensing authorities must: 
a) make the register available to the public electronically, in a searchable
format - this could be done through publishing an Excel spreadsheet
with suitable user instructions and protections; and
b) publish or update their register on at least a quarterly basis. By 1
October 2023, the Scottish Government expects licensing authorities to
provide more frequent or live updates where it is possible to do so.
7.8. The requirement to identify whether the short-term let is within either of the
two national parks in Scotland is to assist them in identifying short-term let
activity within their boundaries (which are not necessarily contiguous with
licensing authority boundaries). 
7.9. The structure and specification of licence numbers are explained in chapter 4
and Annex A.
7.10. Licensing authorities can remove data from the register of data in respect of:
• licences that have been revoked for more than 12 months; or
• licences that have been surrendered. 
7.11. Note that, reasons for revoking a licence may be appropriate to retain for
longer than 12 months if it is likely to be relevant in determining any new
application for a licence by the host.
(d) Data sharing with Scottish Government
7.12. The data to be shared regularly will include the contents of the public register,
in a format the enables analysis of the information. In addition to the data
fields that must be included in the public register, SG also wishes to collect
the following data and expects LAs to ensure these fields are included in their
data collections and provided to SG as part of quarterly returns. This will
ensure consistent data across Scotland and facilitate robust analysis:
• Date application determined;
• Licence expiry date;
• UPRN;
• Application outcome (selecting one of the following reasons):
o Applicant(s) not fit and proper;
o Premises not suitable;
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o Planning permission required and not held;
o Other (free text).
7.13. This information will allow for monitoring of application processing times,
average length of time a licence is granted for, and common reasons for
applications being refused in order to monitor and evaluate the policy. 
7.14. In order to minimise the volume of data transferred from licensing authorities
to Scottish Government we do not expect it will be necessary to transfer data
for every entry on the public register in each quarterly data extract. Data
extracts may include the following: 
• New applications / additions to the public register;
• Entries that have been removed from the public register;
• Licence records where one of the data fields has changed (e.g. status
has changed from ‘being determined’ to ‘approved’).
7.15. The Scottish Government intends to work with licensing authorities over the
coming months to finalise the data specification for the data to be shared with
Scottish Government on a regular basis. This is likely to involve use of
ProcXed to design and manage data collection from licensing authorities.  
7.16. Licensing authorities may choose to, but need not, include some or all of the
additional fields set out in para 7.12 within their public registers. 
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Annex A
Licence number specification 
The licence number will comprise 8 characters, three of which are alphabet (capital
letters) and 5 of which are digits (D): 
A1A2-DDDDD-A3 
The leading two characters (A1A2) will identify the licensing authority: 
Aberdeen City AC
Aberdeenshire AS
Angus AN
Argyll and Bute AR
Clackmannanshire CL
Dumfries and Galloway DG
Dundee DD
East Ayrshire EA
East Dunbartonshire ED
East Lothian EL
East Renfrewshire ER
Edinburgh EH
Falkirk FK
Fife FI
Glasgow GL
Highland HI
Inverclyde IN
Midlothian ML
Moray MO
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Na h-Eileanan Siar ES
North Ayrshire NA
North Lanarkshire NL
Orkney OR
Perth and Kinross PK
Renfrewshire RN
Scottish Borders SB
Shetland SH
South Ayrshire SA
South Lanarkshire SL
Stirling ST
West Dunbartonshire WD
West Lothian WL 
The 5 digits will be issued by each licensing authority. 
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The final character (A3 ) will denote the type of “licence”: 
E Temporary exemption
T Temporary licence
P Provisional licence number issued on receipt of a licence
application
F First (full) licence
R Renewed licence 
Example 
A C - 1 3 4 7 2 - E 
This number relates to a temporary exemption (E)  in Aberdeen City (AC). The type
of short-term let (e.g. home sharing) will be displayed on the public register. 
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Annex B
Public register specification 
Note: to be completed and agreed.  Constrained types and formats (e.g. postcode) to be specified. 
CONTENT TYPE / FORMAT DESCRIPTION M/O33
Applicant Name Full Name The applicant’s full name* M
Title Title  O
Forenames String (repeatable) *Mandatory only where an application is made by or on behalf
of  a person other than a natural person
M
Surname String *Mandatory only where an application is made by or on behalf
of  a person other than a natural person
M
Premises address Address Address M
Address Line 1 String First line of address M
Address Line 2 String Second line of address O
Address Town String The town component of the address M
Address County String The county component of the address M
UK Postcode Postcode The postal code M
UPRN Number Unique Property Reference Number O
Council Ward Ward The council ward in which the premises is located M
Ward Ward (constrained type)  M
Application details Date Key dates M
Date of application Date (dd-mm-yyyy) The date the application was received M
Date application
determined
Date (dd-mm-yyyy) The date the application was determined O
Licence expiry date Date (dd-mm-yyyy) The date the licence expires O
Status Status Status of the application M
Application status Status (constrained type) Whether the application has been granted, refused, being
determined, revoked, lapsed, suspended.
M
33 Mandatory / Optional
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CONTENT TYPE / FORMAT DESCRIPTION M/O33
Application outcome
reason
Reason Reason (for refusals only) M
Refusal outcome
reason
Reason (constrained
type)
Reason given for the outcome: applicant(s) not fit and proper;
premises not suitable; planning permission required and not
held; other (free text). 
M
Type of premises Premises The type of premises to which the application relates M
Type of premises Premises (constrained
type)
e.g. detached home, semi-detached home, terraced home,
flatted dwelling, unconventional dwelling, bed and breakfast,
guest house etc.
M
Short-term let type  The type(s) of short-term let  M
Short-term let type STL Type (constrained
type) 
One of home sharing, home letting, home sharing and home
letting; or secondary letting
M
Maximum occupancy Number The maximum occupancy as specified on the licence M
Maximum occupancy Number (integer) Maximum number of guests allowed to reside in the premises M
National Park National Park  M
National Park National Park
(constrained type)
Indicates whether the short-term let is within either Loch
Lomond and the Trossachs National Park or the Cairngorms
National Park or neither.
M
Licence number     M
Licence number Licence number As specified in Annex A. M
Number of bedrooms Number Number of bedrooms in the premises O
Number of bedrooms Number (integer)  O
Occupancy data   O
Year Year (yyyy) Year to which data relates M
Nights available Number (repeatable) Nights available, repeatable for each property O
Nights occupied Number (repeatable) Nights occupied, repeatable for each property O
Manager  Name Name O
Title Title  O
Forenames String (repeatable)  M
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CONTENT TYPE / FORMAT DESCRIPTION M/O33
Surname String  M
Company name String Company name if management is provided by a company O
Address Line 1 String First line of address M
Address Line 2 String Second line of address O
Address Town String The town component of the address M
Address County String The county component of the address M
UK Postcode Postcode The postal code M
EPC rating EPC   O
EPC rating EPC (constrained type) Rating A to G O 
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