PUBLIC Document Pack - Licensing Committee - 19 February 2025

West Dunbartonshire Council · 19 February 2025
Back to Licensing Committee — 19 February 2025 and its agenda

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Agenda 
Meeting of the Licensing Committee 
Date:  Wednesday, 19 February 2025
___________________________________________________________________ 
Time:  14:00
___________________________________________________________________ 
Venue:  Council Chambers, Clydebank Town Hall, 5 Hall Street, Clydebank 
G81 2NR
___________________________________________________________________ 
Contact:    Lynn Straker, Committee Officer  
Email: lynn.straker@west-dunbarton.gov.uk   
committee.admin@west-dunbarton.gov.uk 
Dear Member 
Please attend a Meeting of the Licensing Committee as detailed above. 
The business is shown on the attached agenda. 
Yours faithfully 
PETER HESSETT 
Chief Executive 
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Distribution: 
Councillor Ian Dickson
Councillor Gurpreet Singh Johal (Vice Chair)
Councillor Fiona Hennebry
Councillor John Millar
Councillor Lawrence O’Neill (Chair)
Councillor Chris Pollock
Councillor Gordon Scanlan
Councillor Hazel Sorrell 
All other Councillors for information.
Chief Officer – Regulatory and Regeneration 
Date Issued: 6 February 2025 
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MEETING OF LICENSING COMMITTEE 
WEDNESDAY, 19 FEBRUARY 2025 
AGENDA 
1  APOLOGIES 
2 DECLARATIONS OF INTEREST 
Members are invited to declare if they have an interest in any of the
undernoted items of business on this agenda and, if so, state the reasons for
such declarations. 
3 MINUTES OF PREVIOUS MEETING      7 - 10 
Submit for approval, as a correct record, the Minutes of Meeting of the
Licensing Committee held on 11 December 2024.   
4 OPEN FORUM 
The Committee is asked to note that no open forum questions have been
submitted by members of the public. 
5 APPLICATION FOR GRANT OF A TAXI/PRIVATE HIRE   11 - 12 
CAR DRIVER’S LICENCE 
Submit report by the Chief Officer – Regulatory and Regeneration requesting
the Committee to consider an application for grant of a Taxi/Private Hire Car
Driver’s Licence submitted by Mr Aidan Carr. 
6 APPLICATION FOR GRANT OF A SHORT-TERM     13 - 15 
LET LICENCE   
Submit report by the Chief Officer – Regulatory and Regeneration requesting
the Committee to consider an application for grant of a Short-Term Let
Licence submitted by Ms Marcela Morton for Whiteleys Farm - House 1. 
7/ 
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7 APPLICATION FOR GRANT OF A SHORT-TERM     17 - 19 
LET LICENCE 
Submit report by the Chief Officer – Regulatory and Regeneration requesting
the Committee to consider an application for grant of a Short-Term Let
Licence submitted by Ms Marcela Morton for Whiteleys Farm - House 2. 
8 APPLICATION FOR GRANT OF A SHORT-TERM     21 - 23 
LET LICENCE 
Submit report by the Chief Officer – Regulatory and Regeneration requesting
the Committee to consider an application for grant of a Short-Term Let
Licence submitted by Ms Marcela Morton for Whiteleys Farm - House 3. 
9 CIVIC GOVERNMENT (SCOTLAND) ACT 1982     25 - 38 
REVIEW OF TAXI FARES AND CHARGES
DUMBARTON & VALE OF LEVEN TAXI LICENSING ZONE 
Submit report by the Chief Officer – Regulatory and Regeneration providing
information on the review of fares and charges applicable to taxis operating
within the Dumbarton & Vale of Leven Taxi Licensing Zone. 
10 TAXI FARE REVIEW UPDATE       39 - 51 
Submit report by the Chief Officer – Regulatory and Regeneration advising on
the outcome of a consultation in relation to the Licensing Section’s practice in
relation to taxi fare reviews. 
11 UPDATE AND REVIEW OF LICENSING POLICIES AND    53 - 55 
PROCEDURES 
Submit report by the Chief Officer – Regulatory and Regeneration informing of
the proposed review of the Licensing Section’s licensing policies and
procedures to make sure that they align with the Council’s broader equalities
objectives as well as considering the needs of the community and licensed
trade. 
12/ 
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12 UPDATE AND REVIEW OF SHORT-TERM LET     57 - 100 
LICENSING POLICY 
Submit report by the Chief Officer – Regulatory and Regeneration advising of
of the commencement of a review of the implementation of the Short-term Let
Licensing Policy and the steps required to reflect changes further to the Civic
Government (Scotland) Act 1982 (Licensing of Short-Term Lets) Amendment
Order 2024.
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LICENSING COMMITTEE 
At a Meeting of the Licensing Committee held in the Council Chambers, Clydebank
Town Hall, 5 Hall Street, Clydebank on Wednesday, 11 December 2024 at 
2.04 p.m. 
Present: Councillors Ian Dickson, Fiona Hennebry, Gurpreet Singh Johal
and Chris Pollock. 
Attending:  Michael McDougall, Manager of Legal Services; Robert Mackie,
Senior Licensing Officer and Lynn Straker, Committee Officer. 
Also Attending: Sergeant David Holmes, Police Scotland; Mr Gary McArthur; Mr
James McCallum; Ms Julie McTaggart and Ms Joanne
Sheridan, Mr Stephen Aird and Ms Wylie. 
Apologies: Apologies for absence were intimated on behalf of Councillors
Lawrence O’Neill, John Millar, Gordon Scanlan and Hazel
Sorrell. 
Councillor Gurpreet Singh Johal in Chair 
DECLARATIONS OF INTEREST 
It was noted that there were no declarations of interest in any of the items of
business on the agenda. 
MINUTES OF PREVIOUS MEETING 
The Minutes of Meeting of the Licensing Committee held on 9 October 2024 were
submitted and approved as a correct record. 
OPEN FORUM 
The Committee noted that no open forum questions had been submitted by members
of the public. 
Item 3
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APPLICATION FOR GRANT OF A TEMPORARY TAXI/PRIVATE HIRE CAR
DRIVER’S LICENCE 
A report was submitted by the Chief Officer – Regulatory and Regeneration
requesting consideration of an application for grant of a Temporary Taxi/Private Hire
Car Driver’s Licence submitted by Mr Gary McArthur. 
Members first heard from Sergeant David Holmes, Police Scotland, detailing the
letter from the Divisional Commander, Police Scotland, and then from the applicant
Mr McArthur in support of the application. Members agreed to review the additional
submission of character references and medical records from Mr McArthur which
were submitted in advance of the meeting. 
After discussion and having heard the applicant in further explanation and in answer
to Members’ questions, the Committee agreed to grant the application. 
DECIDED:- 
The Committee agreed to grant the application. 
EXCLUSION OF PRESS AND PUBLIC 
The Committee agreed to approve the following resolution to exclude the press and
public from the meeting to allow the following item to be heard:- 
“That under Section 50A(4) of the Local Government (Scotland) Act, 1973 the press
and public be excluded from the meeting for the following item of business on the
grounds that it may involve the likely disclosure of exempt information as defined in
Paragraph 14 of Part 1 of Schedule 7A of the Act.” 
APPLICATION FOR GRANT OF A TAXI/PRIVATE HIRE CAR DRIVER’S
LICENCE (CONTINUED) 
With reference to the Minutes of Meeting of the Licensing Committee held on 7
August 2024, a report was submitted by the Chief Officer – Regulatory and
Regeneration requesting consideration of an application for grant of a Taxi/Private
Hire Car Driver’s Licence submitted by Mr Jose George. 
Members noted that Mr Jose George was not in attendance at the meeting and, as
this was the second occasion on which he had failed to attend a hearing regarding
his application, it was decided that the application would be heard in his absence. 
Members first heard from Sergeant David Holmes, Police Scotland, who detailed the
letter from the Divisional Commander, Police Scotland, and also, with Members’
agreement, detailed the Protected Convictions held by the Applicant. 
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After discussion, the Committee agreed to refuse the application on the grounds that
the applicant was not a fit and proper person to hold a Taxi/Private Hire Car Driver’s
Licence. 
DECIDED:- 
The Committee agreed to refuse the application on the grounds that the applicant
was not a fit and proper person to hold a Taxi/Private Hire Car Driver’s Licence. 
.  
APPLICATION FOR RENEWAL OF A TAXI/PRIVATE HIRE CAR DRIVER’S
LICENCE (CONTINUED) 
A report was submitted by the Chief Officer – Regulatory and Regeneration
requesting consideration of an application for the renewal of a Taxi/Private Hire Car
Driver’s Licence submitted by Mr James McCallum. 
Members first heard from Sergeant David Holmes, Police Scotland, detailing the
letter from the Divisional Commander, Police Scotland, and then from the applicant,
Mr McCallum, in support of the application. 
After discussion and having heard the applicant and in further explanation and in
answer to Members’ questions, the Committee agreed to grant the application. 
DECIDED:- 
The Committee agreed to grant the application. 
APPLICATION FOR RENEWAL OF A TAXI/PRIVATE HIRE CAR DRIVER’S
LICENCE (CONTINUED) 
A report was submitted by the Chief Officer – Regulatory and Regeneration
requesting consideration of an application for the renewal of a Taxi/Private Hire Car
Driver’s Licence submitted by Ms Julie McTaggart. 
Members first heard from Sergeant David Holmes, Police Scotland, detailing the
letter from Divisional Commander, Police Scotland, and then from the applicant, Ms
McTaggart, in support of the application. 
After discussion and having heard the applicant in further explanation and in answer
to Members’ questions, the Committee agreed to grant the application. 
DECIDED:- 
The Committee agreed to grant the application. 
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APPLICATION FOR RENEWAL OF A TAXI/PRIVATE HIRE CAR DRIVER’S
LICENCE (CONTINUED) 
A report was submitted by the Chief Officer – Regulatory and Regeneration
requesting consideration of an application for the renewal of a Taxi/Private Hire Car
Driver’s Licence submitted by Mr Stephen Aird. 
Members first heard from Sergeant David Holmes, Police Scotland, detailing the
letter from the Divisional Commander, Police Scotland, and then from the applicant,
Mr Aird in support of the application. 
After discussion and having heard the applicant in further explanation and in answer
to Members’ questions, the Committee agreed to refuse the application on the
grounds that the applicant was not a fit and proper person to hold a Taxi/Private Hire
Car Driver’s Licence. 
DECIDED:- 
The Committee agreed to refuse the application on the grounds that the applicant
was not a fit and proper person to hold a Taxi/Private Hire Car Driver’s Licence. 
The meeting closed at 3.35 p.m. 
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WEST DUNBARTONSHIRE COUNCIL
Report by Chief Officer – Regulatory & Regeneration
Licensing Committee – 19 February 2025
Subject: Application for grant of a Taxi/Private Hire Car Driver’s Licence
1. Purpose
1.1 To consider an application for the grant of a Taxi/Private Hire Car Driver’s
Licence submitted by Mr Aidan Carr, 30 Tontine Park, Renton, Dumbarton G82
4LJ.
2. Recommendations
2.1 It is recommended that the application be considered and determined by the
Committee.
3. Background
3.1 Mr Carr submitted an application for the grant of a Taxi/Private Hire Car Driver’s
Licence to the Council on 22 November 2024.
3.2 A letter was received from the Chief Constable of Police Scotland on 9
December 2024 submitting an objection in connection with the application.
4. Main Issues
4.1 In view of the submission received from the Police, the applicant and a
representative of Police Scotland has been invited to attend the meeting of the
Committee to be held on 19 February 2025.
5. People Implications
5.1 There are no personnel issues.
6. Financial Implications
6.1 There are no financial implications
7. Risk Analysis
7.1 There is no increased risk to the Council associated with the contents of this
report.
8. Equalities Impact Assessment (EIA)
8.1 No impact assessment is required because this report does not involve any
Item 5
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change to policies or services or financial decisions.
9. Consultation
9.1 Police Scotland were consulted in relation to the application.
10. Strategic Assessment
10.1 In terms of the Council's Strategic Priorities, the purpose of licensing is to ensure
our Communities are Resilient and Thriving.
Chief Officer – Regulatory & Regeneration
Date 20 January 2025
Person to Contact: Robert Mackie,
Senior Officer (Licensing Section),
Licensing Team,
Municipal Buildings,
College Street,
Dumbarton,
G82 1NR.
Tel. No. (Direct line) 01389 738742.
robert.mackie@west-dunbarton.gov.uk
Appendices: N/A.
Background Papers:
1. Application for grant of a Taxi/Private Hire Car Driver’s Licence submitted by Mr
Stephen Aird, 30 Tontine Park, Renton, Dumbarton G82 4LJ.
2. Letter dated 9 December 2025 from the Chief Constable, Police Scotland, 'L'
Divisional Headquarters, Stirling Road, Dumbarton.
3. Letter to Mr Carr dated 31 January 2025.
Wards Affected: N/A.
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WEST DUNBARTONSHIRE COUNCIL
Report by Chief Officer – Regulatory & Regeneration
Licensing Committee – 19 February 2025
Subject: Application for grant of a Short Term Let Licence
1. Purpose
1.1 To consider an application for grant of a Short Term Let Licence submitted by
Ms. Marcela Morton, Whiteleys Farm, Renton Road, Dumbarton G82 4HQ.
2. Recommendations
2.1 It is recommended that the application be considered and determined by the
Committee.
3. Background
3.1 A valid application for the grant of a Short Term Let Licence was received on 20
June 2024 to operate on a secondary letting basis at House 1, Whiteleys Farm,
Renton Road, Dumbarton G82 4HQ.
3.2 An email was received from the Chief Constable of Police Scotland on 21 June
2024 advising that the Police had no objections or representations in connection
with the application.
4. Main Issues
4.1 For the purpose of the discharge of their functions under the Civic Government
(Scotland) Act 1982, the Committee must ordinarily reach a final decision on
each application within the period of 9 months from the date the application was
submitted.
4.2 The application submitted by Ms. Morton was registered on 20 June 2024
therefore a final decision on the application must be made no later than 19
March 2025.
4.3 When processing applications for a Short Term Let Licence, a copy of the
application is sent externally to Police Scotland and Scottish Fire and Rescue for
comment. The application form was also sent internally to Planning, Building
Control and Environmental Health for their comments.
4.4 A response was received from Police Scotland on 21 June 2024 marked ‘no
police objection’ and a ‘no comments’ response was received from the Scottish
Fire and Rescue Service on 13 December 2024.
4.5 On 28 June 2024 a response was received from Environmental Health advising
that they had no adverse comment to make in relation to the application.
Item 6
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4.6 At the time of writing this report, adverse comments have been received from
both Building Standards and Planning. The applicant is aware of these
comments and it is the Licensing Section’s understanding that these matters are
ongoing.
4.7 The applicant and a representative from Building Standards have been invited to
address the Committee to provide an update on the current position regarding
the premises. The Committee, having heard from all parties, is required to
determine the application in accordance with Schedule 1 to the 1982 Act.
4.8 No objections have been received from members of the public.
5. People Implications
5.1 There are no personnel issues.
6. Financial Implications
6.1 There are no financial implications
7. Risk Analysis
7.1 There is no increased risk to the Council associated with the contents of this
report.
8. Equalities Impact Assessment (EIA)
8.1 No impact assessment is required because this report does not involve any
change to policies or services or financial decisions.
9. Consultation
9.1 Police Scotland, the Scottish Fire and Rescue Service, Planning, Building
Standards, Environmental Health and Councillors representing the Leven Ward
were consulted in relation to the application. A site notice was displayed at the
premises by the applicant for a period of 21 days allowing members of the public
an opportunity to object.
10. Strategic Assessment
10.1 In terms of the Council's Strategic Priorities, the purpose of licensing is to ensure
our Communities are Resilient and Thriving.
Chief Officer – Regulatory & Regeneration
Date 3 February 2025
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Person to Contact: Robert Mackie,
Senior Officer (Licensing Section),
Licensing Team,
Municipal Buildings,
College Street,
Dumbarton,
G82 1NR.
Tel. No. (Direct line) 01389 738742.
robert.mackie@west-dunbarton.gov.uk
Appendices: N/A.
Background Papers:
1. Application for grant of a Short Term Let Licence submitted by Ms. Marcela
Morton, Whiteleys Farm, Renton Road, Dumbarton G82 4HQ
2. Letter to Ms. Morton dated 4 February 2025.
3. Email to Building Standards dated 4 February 2025.
Wards Affected: Dumbarton
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WEST DUNBARTONSHIRE COUNCIL
Report by Chief Officer – Regulatory & Regeneration
Licensing Committee – 19 February 2025
Subject: Application for grant of a Short Term Let Licence
1. Purpose
1.1 To consider an application for grant of a Short Term Let Licence submitted by
Ms. Marcela Morton, Whiteleys Farm, Renton Road, Dumbarton G82 4HQ.
2. Recommendations
2.1 It is recommended that the application be considered and determined by the
Committee.
3. Background
3.1 A valid application for the grant of a Short Term Let Licence was received on 20
June 2024 to operate on a secondary letting basis at House 2, Whiteleys Farm,
Renton Road, Dumbarton G82 4HQ.
3.2 An email was received from the Chief Constable of Police Scotland on 21 June
2024 advising that the Police had no objections or representations in connection
with the application.
4. Main Issues
4.1 For the purpose of the discharge of their functions under the Civic Government
(Scotland) Act 1982, the Committee must ordinarily reach a final decision on
each application within the period of 9 months from the date the application was
submitted.
4.2 The application submitted by Ms. Morton was registered on 20 June 2024
therefore a final decision on the application must be made no later than 19
March 2025.
4.3 When processing applications for a Short Term Let Licence, a copy of the
application is sent externally to Police Scotland and Scottish Fire and Rescue for
comment. The application form was also sent internally to Planning, Building
Control and Environmental Health for their comments.
4.4 A response was received from Police Scotland on 21 June 2024 marked ‘no
police objection’ and a ‘no comments’ response was received from the Scottish
Fire and Rescue Service on 13 December 2024.
4.5 On 28 June 2024 a response was received from Environmental Health advising
that they had no adverse comment to make in relation to the application.
Item 7
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Person to Contact: Robert Mackie,
Senior Officer (Licensing Section),
Licensing Team,
Municipal Buildings,
College Street,
Dumbarton,
G82 1NR.
Tel. No. (Direct line) 01389 738742.
robert.mackie@west-dunbarton.gov.uk
Appendices: N/A.
Background Papers:
1. Application for grant of a Short Term Let Licence submitted by Ms. Marcela
Morton, Whiteleys Farm, Renton Road, Dumbarton G82 4HQ
2. Letter to Ms. Morton dated 4 February 2025.
3. Email to Building Standards dated 4 February 2025.
Wards Affected: Dumbarton
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WEST DUNBARTONSHIRE COUNCIL
Report by Chief Officer – Regulatory & Regeneration
Licensing Committee – 19 February 2025
Subject: Application for grant of a Short Term Let Licence
1. Purpose
1.1 To consider an application for grant of a Short Term Let Licence submitted by
Ms. Marcela Morton, Whiteleys Farm, Renton Road, Dumbarton G82 4HQ.
2. Recommendations
2.1 It is recommended that the application be considered and determined by the
Committee.
3. Background
3.1 A valid application for the grant of a Short Term Let Licence was received on 20
June 2024 to operate on a secondary letting basis at House 3, Whiteleys Farm,
Renton Road, Dumbarton G82 4HQ.
3.2 An email was received from the Chief Constable of Police Scotland on 21 June
2024 advising that the Police had no objections or representations in connection
with the application.
4. Main Issues
4.1 For the purpose of the discharge of their functions under the Civic Government
(Scotland) Act 1982, the Committee must ordinarily reach a final decision on
each application within the period of 9 months from the date the application was
submitted.
4.2 The application submitted by Ms. Morton was registered on 20 June 2024
therefore a final decision on the application must be made no later than 19
March 2025.
4.3 When processing applications for a Short Term Let Licence, a copy of the
application is sent externally to Police Scotland and Scottish Fire and Rescue for
comment. The application form was also sent internally to Planning, Building
Control and Environmental Health for their comments.
4.4 A response was received from Police Scotland on 21 June 2024 marked ‘no
police objection’ and a ‘no comments’ response was received from the Scottish
Fire and Rescue Service on 13 December 2024.
4.5 On 28 June 2024 a response was received from Environmental Health advising
that they had no adverse comment to make in relation to the application.
Item 8
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Person to Contact: Robert Mackie,
Senior Officer (Licensing Section),
Licensing Team,
Municipal Buildings,
College Street,
Dumbarton,
G82 1NR.
Tel. No. (Direct line) 01389 738742.
robert.mackie@west-dunbarton.gov.uk
Appendices: N/A.
Background Papers:
1. Application for grant of a Short Term Let Licence submitted by Ms. Marcela
Morton, Whiteleys Farm, Renton Road, Dumbarton G82 4HQ
2. Letter to Ms. Morton dated 4 February 2025.
3. Email to Building Standards dated 4 February 2025.
Wards Affected: Dumbarton
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WEST DUNBARTONSHIRE COUNCIL 
Report by Chief Officer – Regulatory & Regeneration 
Licensing Committee – 19 February 2025 
Subject: Civic Government (Scotland) Act 1982   
Review of Taxi Fares and Charges   
Dumbarton & Vale of Leven Taxi Licensing Zone 
1. Purpose  
1.1 To report to the Committee on the review of fares and charges applicable to
taxis operating within the Dumbarton & Vale of Leven Taxi Licensing Zone.  
2. Recommendations  
2.1 It is recommended:- 
(a) that the proposed changes to the current level of fares and
charges applicable to the Dumbarton & Vale of Leven Taxi
Licensing Zone, submitted by the trade association for the
Dumbarton & Vale of Leven area, be considered as follows:- 
Alter the time period when Tariffs will apply as follows:- 
Tariff One and Tariff Four to change from the existing 6.00am until 9.00pm on
Monday to Sunday to 7.00am until 7.00pm on Monday to Friday. 
Tariff Two and Tariff Five to change from the existing 9.00pm until 6.00am on
Monday to Sunday to 7.00pm until 7.00am on Monday to Thursday and from
7.00pm until 7.00am on Friday to Monday. 
Tariff Three and Tariff Six to change from the existing starting point of 6.00pm
on 24th December and 31st December to 7.00am. 
Tariff Three and Tariff Six to change from the existing ending point of 6.00am
on 27th December and 3rd January to 7.00am. 
Increase the flagfall as follows:- 
Tariff One to increase from £3.50 to £4.00
Tariff Two to increase from £4.10 to £5.20
Tariff Three to increase from £5.50 to £7.00
Tariff Four to increase from £4.50 to £5.00
Tariff Five to increase from £5.10 to £7.00
Tariff Six to increase from £7.00 to £10.00 
Item 9
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A £25.00 charge shall be payable for a taxi booking made by telephone or via
App where the taxi has been booked to uplift passengers from outside the
West Dunbartonshire area and the passengers are not at the pick-up point
after the pre-arranged time. 
Running mile increasing by 20p on Tariff One, 20p on Tariff Two, £1.80 on
Tariff Three, 20p on Tariff Four, 40p on Tariff Five and £1.60 on Tariff Six. 
Waiting time will decrease from £36.00 per hour to £24.00 per hour 
(b) that officers arrange for the advertisement of the fares and
charges agreed by the Committee and review any
representations received; and 
that authority be delegated to the Chief Officer – Regulatory & Regeneration, in
consultation with the Chair of the Licensing Committee, to conclude the review
without the requirement for the Committee to consider a further report on the
matter provided no representations are received in relation to the proposal.  
3. Background  
3.1 In terms of the Civic Government (Scotland) Act, 1982, Licensing Authorities
must fix scales for taxi fares and related charges within 18 months from the
date on which the scales came into effect.  
3.2 The fares and charges which are applicable to taxis operating within the
Dumbarton and Vale of Leven Taxi Licensing Zone have been in effect since
22 November 2023 and these are detailed at Appendix 1.  
3.3 On 16 November 2024 a submission was received from representatives of the
Dumbarton and Vale of Leven Taxi Trade, proposing amendments to the
existing fare chart. 
4. Main Issues 
4.1 Having contacted the trade representatives to request the submission of a
proposal for consideration by the Committee, they canvassed the taxi trade by
putting forward the increases detailed as Taxi Trade Option 1. Having received
feedback from the proposal, the trade representatives submitted Trade Option
2 as their preferred changes to the existing fare chart. 
4.2 Licensing can advise that, having referred to the RAC website, which provides
an average cost of fuel on a monthly basis for the UK, it shows that in
November 2024 the average cost of unleaded fuel was 135.72p per litre and
140.85p per litre for diesel. At the time when the last fare chart became
effective in November 2023, the average cost of fuel in the UK was 152.08p for
unleaded petrol and 159.16p for diesel. This represents a decrease of 10.8%
for unleaded fuel and 11.5% for diesel based on the difference in price when
comparing the figures between November 2023 and November 2024.
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4.3 The last fare review resulted in the implementation of an updated fare chart for
the Dumbarton and Vale of Leven zone the effect of which saw the charge on
the flagfall for each tariff rise by 50p and a rise of 20p on the running mile on
Tariff 1, 2 and 3, a rise of 10p on Tariff 4, a rise of 30p on Tariff 5 and a rise of
50p on Tariff 6. Waiting time also increased from £24.00 per hour to £36.00 per
hour.  
4.4 The trade representatives have been invited to attend the Committee in order
that they can speak to their submission and answer any questions Members
may have. 
4.5 Referring to 2.1 (c) of this report, should no representations be received in
relation to the proposals, in order to expedite matters, it is suggested that
authority be delegated to the Chief Officer - Regulatory and Regeneration in
consultation with the Chair of the Licensing Committee to conclude the review
without the requirement for the Committee to consider a further report.  
5. People Implications  
5.1 There are no personnel issues for the Council arising from this report.  
6. Financial Implications  
6.1 There are no financial implications for the Council arising from this report.  
7. Risk Analysis  
7.1 There is no increased risk to the Council associated with the contents of this
report.  
8. Equalities Impact Assessment (EIA)  
8.1 No impact assessment is required because this report does not involve any
change to policies or services or financial decisions.  
9. Consultation 
9.1 The Civic Government (Scotland) Act 1982 sets out how the licensing authority
should engage with the trade and public in relation to the setting of taxi fares.
The process carried out by the Licensing Section mirrors the statutory process.
It should be noted that while the Licensing Committee is considering a
modification to this process, this fare review was commenced prior to the
consideration of this matter and therefore, will continue under the current
arrangements. 
9.2 The submission received on 16 December 2024 from representatives of the
Dumbarton & Vale of Leven Taxi Trade included feedback from a number of
Operators and Drivers on the original proposal to the trade. The proposal
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contained within this report has taken this feedback into consideration and this
is included at Appendix 4. The first proposal and feedback from the taxi trade
are included at Appendices 2 and 3.    
Chief Officer – Regulatory and Regeneration 
Date 31 January 2025 
Person to Contact: 
Robert Mackie, 
Senior Officer (Licensing Services), 
Licensing Team, 
Municipal Buildings, 
College Street,
Dumbarton, 
G82 1NR. 
Tel. No. (Direct line) 01389 738742.
robert.mackie@west-dunbarton.gov.uk 
Appendices 
1. Current Fare Chart for Dumbarton & Vale of Leven Licensing Zone. 
2. Trade Proposal 1. 
3. Feedback from Trade Proposal 1. 
4. Trade Proposal 2. 
5. Current Fare Chart for Dumbarton & Vale of Leven Licensing Zone. 
Background Papers   
1. Letter to taxi trade representative dates 4 February 2025.   
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WEST DUNBARTONSHIRE COUNCIL
Plate No._____ Vehicle Registration Number ________________
Civic Government (Scotland) Act 1982
Fare Chart (Effective from 22 November 2023)
DUMBARTON AND VALE OF LEVEN ZONE
Tariff One
6.00am to 9.00pm Monday to Sunday
For a distance not exceeding
½ OF A MILE…………………….
For each additional 1/22nd mile…...
£3.50
£0.10
Tariff Two
9.00pm to 6.00am Monday to Sunday For a distance not exceeding
½ OF A MILE…………………….
For each additional 1/24th mile…...
£4.10
£0.10
Tariff Three
6.00pm on 24th December to
6.00am on 27th December and
6.00pm on 31st December to
6.00am on 3rd January
For a distance not exceeding
½ OF A MILE…………………….
For each additional 1/30th mile…...
£5.50
£0.10
Tariff Four
6.00am to 9.00pm Monday to Sunday
(Only applicable when five or more
passengers are being carried)
For a distance not exceeding
½ OF A MILE…………………….
For each additional 1/26th mile…...
£4.50
£0.10
Tariff Five
9.00pm to 6.00am Monday to Sunday
(Only applicable when five or more
passengers are being carried)
For a distance not exceeding
½ OF A MILE…………………….
For each additional 1/30th mile…..
£5.10
£0.10
Tariff Six
Christmas and New Year hours
as per Tariff Three
(Only applicable when five or more
passengers are being carried)
For a distance not exceeding
½ OF A MILE…………………….
For each additional 1/40th mile…...
£7.00
£0.10
Any hire terminating out with the West Dunbartonshire area will be at a rate to be agreed at
the time of hire.
Extra Charges
Taxi drivers may add on any charge incurred at any Airport when either dropping off or
picking up passengers. Drivers must make passengers aware in advance that extra charges
may be added to the fare. A charge equivalent to the initial flagfall on Tariff 1 shall be
payable for a taxi booking made by telephone or via App and not cancelled before arrival
when the taxi is no longer required.
Fares for Waiting
The Driver is, in addition to the above, entitled to charge for waiting whether in one stoppage
or in several stoppages as follows:
For each period of TEN SECONDS or part thereof ....£0.10 (All Tariffs)
Soiling Fee
A fee of £100 is chargeable for any soiling which necessitates a taxi being removed from
service for cleaning. Soiling in this context includes any soiling by means of food, drink,
vomit, urine or excrement.
Item 9
Appendix 1
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Civic Government (Scotland) Act 1982 
REVIEW OF TAXI FARES 
NOTICE IS HEREBY GIVEN that West Dunbartonshire Council has reviewed the fares for
the hire of taxis within the Dumbarton & Vale of Leven Zone of the local authority area and
the outcome of the review is that there will be increases/decreases applied as follows:- 
Alter the time period when Tariffs will apply as follows:- 
Tariff One and Tariff Four to change from the existing 6.00am until 9.00pm on Monday to
Sunday to 7.00am until 7.00pm on Monday to Friday. 
Tariff Two and Tariff Five to change from the existing 9.00pm until 6.00am on Monday to
Sunday to 7.00pm until 7.00am on Monday to Thursday and from 7.00pm until 7.00am on
Friday to Monday. 
Tariff Three and Tariff Six to change from the existing starting point of 6.00pm on 24th
December and 31st December to 7.00am. 
Tariff Three and Tariff Six to change from the existing ending point of 6.00am on 27th
December and 3rd January to 7.00am. 
Increase the flagfall as follows:- 
Tariff One to increase from £3.50 to £4.00
Tariff Two to increase from £4.10 to £5.20
Tariff Three to increase from £5.50 to £7.00
Tariff Four to increase from £4.50 to £5.00
Tariff Five to increase from £5.10 to £7.00
Tariff Six to increase from £7.00 to £10.00 
A £25.00 charge shall be payable for a taxi booking made by telephone or via App where the
taxi has been booked to uplift passengers from outside the West Dunbartonshire area and the
passengers are not at the pick-up point after the pre-arranged time. 
Running mile increasing by 20p on Tariff One, 20p on Tariff Two, £1.80 on Tariff Three,
20p on Tariff Four, 40p on Tariff Five and £1.60 on Tariff Six. 
Waiting time will decrease from £36.00 per hour to £24.00 per hour 
The new fare chart will be as follows:-  
DUMBARTON AND VALE OF LEVEN ZONE 
Tariff One
7.00am to 7.00pm Monday to Sunday 
For a distance not exceeding
½ OF A MILE…………………….
For each additional 1/24th mile…... 
£4.00
£0.10 
Tariff Two
7.00pm to 7.00am Monday to Sunday 
For a distance not exceeding
½ OF A MILE…………………….
For each additional 1/26th mile…... 
£5.20
£0.10   
Item 9
Appendix 2
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Tariff Three
7.00pm on 24th December to
7.00am on 27th December and
7.00pm on 31st December to
7.00am on 3rd January
For a distance not exceeding
½ OF A MILE…………………….
For each additional 1/48th mile…...
£7.00
£0.10
Tariff Four
7.00am to 7.00pm Monday to Sunday
(Only applicable when five or more
passengers are being carried)
For a distance not exceeding
½ OF A MILE…………………….
For each additional 1/28th mile…...
£5.00
£0.10
Tariff Five
7.00pm to 7.00am Monday to Sunday
(Only applicable when five or more
passengers are being carried)
For a distance not exceeding
½ OF A MILE…………………….
For each additional 1/34th mile…..
£7.00
£0.10
Tariff Six
Christmas and New Year hours
as per Tariff Three
(Only applicable when five or more
passengers are being carried)
For a distance not exceeding
½ OF A MILE…………………….
For each additional 1/56th mile…...
£10.00
£0.10
Any hire terminating out with the West Dunbartonshire area will be at a rate to be agreed at
the time of hire.
Extra Charges
Taxi drivers may add on any charge incurred at any Airport when either dropping off or
picking up passengers. Drivers must make passengers aware in advance that extra charges
may be added to the fare. A charge equivalent to the initial flagfall on Tariff 1 shall be
payable for a taxi booking made by telephone or via App and not cancelled before arrival
when the taxi is no longer required. A £25.00 charge shall be payable for a taxi booking made
by telephone or via App where the taxi has been booked to uplift passengers from outside the
West Dunbartonshire area and the passengers are not at the pick-up point after the pre-
arranged time.
Fares for Waiting
The Driver is, in addition to the above, entitled to charge for waiting whether in one stoppage
or in several stoppages as follows:
For each period of FIFTEEN SECONDS or part thereof ....£0.10 (All Tariffs)
Soiling Fee
A fee of £100 is chargeable for any soiling which necessitates a taxi being removed from
service for cleaning. Soiling in this context includes any soiling by means of food, drink,
vomit, urine or excrement.
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101 Operators/Drivers were consulted with 74 generally in favour of the first proposal and 27 opposed to the proposal.
Having taken into account the comments submitted the propsal was adjusted accordingly and submitted to the Council.
NO **** Part time Driver only ***
NO Afraid of losing taxi custom, old people can't afford it ** badge Too expensive**
NO Change the weekend tariff but keep everything else the same
NO Don't want the fare changed, happy the way it is
NO Fares are high enough, if passed people will use other forms of transport
NO I agree with 7am to 7pm
NO I Agree with public holiday tariff though
NO I do agree with soiling fee and out of area charge
NO It will Kill Business, older people won't get taxis
NO Keep Tariff 2 @ 9pm
NO Not a good time for a fare rise
NO Tariff 1 is good, the rest are mental
NO The Fares are embarrising enough as they are
NO Wait time reduction is only good bit
NO Waiting time should be reduced, No to the rest
YES £5 Tariff 2 more realistic, not sure about moving tariff times forward. I recommed the private hire plates should be limited to give the current base of drivers a fairer chance
YES £8 Tariff 3 is a bit pricey maybe £7/£7.50
YES Agree with it all
YES Agree.
YES All Costs have gone up
YES Badge too high, T2 not all weekend
YES Badge too High, Worried about losing hires though.
YES Definetly Public Holidays Included
YES Distinction between day and night tariff to ensure more coverage at nights/weekends
YES Every Expenses has gone up
YES Go with the majority
YES Go with the majority
YES Happy for new tariff
YES Happy with the change
YES I Agree
YES I Think £5.50 Flagfall is a bit too high
YES If that’s what the majority wants
YES I'm Cautious as it seems a big jump but if everyone else gets a wage rise why shouldn’t we?
YES Inflation and rising badge and plate fees
YES It all looks good to me
YES It Should increase due to inflation
YES Keep Waiting time the same
YES Looks good to me
YES Looks good, Keep wait time to £36 per hour
YES More of an incentive for divers to work unsociable Hours
YES No Flagfall 1 increase though
YES Please reduce yearly badge price
YES Price of everything going up, Taxi Badge, Insurance, NMW. I think a fare increase should follow.
YES Public Holidays Definate. T2 All weekend brings us in line with Glasgow, Dropping the waiting time definate.Could T3 be a bit earlier?
YES Should be Tariff 1 During the day @ the weekend
YES The £11 Tariff 6 may be too high, can we specify what is meant be public holidays
YES The Cost of everything has gone up a rise will help
YES There should be an incentive to work at night for leaving my family to work. The costs are higherthan ever and wage structures should change with inflation . I am in favour of the fare increase
YES Will go with the majority
YES With Concern, No Increase would be required if the badge and plate fees were lower.
YES Working unsociable hours deserves to be recognised finacially as does working public holidays, inflation needs to be considered when thinking about a fare rise and how operators will be affected if a rise is not implemented
Item 9
Appendix 3
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Alexandria and Dumbarton
Tariff Proposal
15th December 2024
Tariff Flagfall Distance Running Mile Distance Time Active
Tariff 1 £4.00 0.5 Mile £2.40 Every Mile Therafter Monday to Friday 7am to 7pm
Tariff 2 £5.50 0.5 Mile £2.60 Every Mile Therafter Monday to Thursday 7pm to 7am and Friday 7pm to Monday 7am (All weekend), All public holidays from 7am to 7am the next day
Tariff 3 £8.00 0.5 Mile £4.40 Every Mile Therafter 24th December @ 7am to 27th December @ 7am,  31st December @ 7am to 3rd January @ 7am
Tariff 4 (Five or More Passengers) £5.00 0.5 Mile £2.80 Every Mile Therafter Monday to Friday 7am to 7pm
Tariff 5 (Five or More Passengers) £7.00 0.5 Mile £3.20 Every Mile Therafter Monday to Thursday 7pm to 7am and Friday 7pm to Monday 7am (All weekend), All public holidays from 7am to 7am the next day
Tariff 6 £11.00 0.5 Mile £5.20 Every Mile Therafter 24th December @ 7am to 27th December @ 7am,  31st December @ 7am to 3rd January @ 7am
Additional Info
Soiling Fee £100
Wait Time £24 Per Hour (Reduced from current £36)
Out of area flagfall £25 (Via t/phne, automated or app)
Item 9
Appendix 4
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Alexandria and Dumbarton
Tariff Proposal Revised based on driver feedback
15th December 2024
Tariff Flagfall Distance Running Mile Distance Time Active
Tariff 1 £4.00 0.5 Mile £2.40 Every Mile Therafter Monday to Friday 7am to 7pm
Tariff 2 £5.20 0.5 Mile £2.60 Every Mile Therafter Monday to Thursday 7pm to 7am and Friday 7pm to Monday 7am (All weekend), All public holidays from 7am to 7am the next day
Tariff 3 £7.00 0.5 Mile £4.80 Every Mile Therafter 24th December @ 7am to 27th December @ 7am,  31st December @ 7am to 3rd January @ 7am
Tariff 4 (Five or More Passengers) £5.00 0.5 Mile £2.80 Every Mile Therafter Monday to Friday 7am to 7pm
Tariff 5 (Five or More Passengers) £7.00 0.5 Mile £3.40 Every Mile Therafter Monday to Thursday 7pm to 7am and Friday 7pm to Monday 7am (All weekend), All public holidays from 7am to 7am the next day
Tariff 6 (Five or More Passengers) £10.00 0.5 Mile £5.60 Every Mile Therafter 24th December @ 7am to 27th December @ 7am,  31st December @ 7am to 3rd January @ 7am
Additional Info
Soiling Fee £100
Wait Time £24 Per Hour (Reduced from current £36)
Out of area flagfall £25 (Via t/phne, automated or app)
Item 9
Appendix 5
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WEST DUNBARTONSHIRE COUNCIL 
Report by Chief Officer – Regulatory & Regeneration 
Licensing Committee – 19 February 2025 
Subject: Taxi fare review update 
1  Purpose   
1.1  To advise Members of the Licensing Committee on the outcome of a
consultation in relation to the Licensing Section’s practice in relation to
taxi fare reviews. 
2  Recommendations   
2.1  It is recommended that Members:-   
(a) note the consultation responses received from holders of taxi
operator licences; and 
(b) approve the taxi fare review procedure outlined at Appendix
1. 
3  Background   
3.1  At its meeting of 9 October 2024, the Licensing Committee considered a
proposal from officers that when consulting on the review of taxi fares
for either the Clydebank or Dumbarton and Vale Leven zones, the
Licensing Section consult with any person or body who can
demonstrate that they represent at least 10% of all taxi operator licence
holders in the zone as well as any persons or organisations previously
recognised by the Committee as being representative of taxi operators. 
3.2  Having considered matters, Members determined to authorise the
Licensing Section to consult on the proposed change to its procedure
when consulting on taxi fare reviews. 
4  Main issues   
4.1  Following the aforementioned meeting, the Licensing Section wrote to
all taxi operator licence holders in West Dunbartonshire with details of
the proposed change to the procedure around taxi fare reviews and
asked for their views. A detailed response from Clydebank Taxis was
received (see Appendix 2) and a short response from a Dumbarton and
Vale of Leven taxi operator. 
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4.2  Clydebank Taxis’ response details the challenges that it sees facing the
taxi trade and proposes various changes to the tariff. These matters are
irrelevant to the consultation at hand, however, it is noted that they do
not seek to object to the approach proposed by the Licensing Section.
There will be an opportunity for Clydebank Taxis to input into the tax
fare review whether at an early stage should Members approve the
revised procedure, or as part of the subsequent public consultation. 
4.3  The response from the Dumbarton and Vale of Leven taxi operator did
not oppose the revised procedure. 
4.4  Should Members approve the revised procedure it will be utilised when
the Licensing Section commences the review of the Clydebank taxi
fares later this year. Further, the licence numbers set out in Appendix 1
will be updated prior to publication. 
5  Options Appraisal   
5.1  It is important that the licensing authority, when setting its taxi fares for
either of its zones, has regard to the needs of the trade. As matters
stand – prior to the public consultation - regard is given to the views of
each zone’s trade association. The recommendation in this Report
propose consultation with any licence holders that either hold or
represent at least 10% of taxi operators in that zone. This will make sure
that there is an opportunity for any views held by a significant number of
taxi operators to be considered at the initial stage. 
5.2  Revising the procedure demonstrates that the authority has had regard
to feedback made through previous taxi fare reviews and will
demonstrate that the authority has created a mechanism to allow any
significant operator or representative to input into the process at the
early stage. 
6  People Implications   
6.1  There are no personnel issues at this stage. 
7  Financial and Procurement implications 
7.1  There are no financial or procurement implications. 
8  Equalities Impact Assessment (EIA)   
8.1  Screening 1068: Screened as not being relevant. This is a change to an
existing policy to codify how a party can become a representative to be
consulted. There is no change to the consultation process as it is set
out in statute. The Council’s “Communicating Effectively” guidance will
be adhered to making sure there is accessible and inclusive
communication. 
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9  Consultation   
9.1  Taxi operators have been consulted. 
10  Strategic Assessment   
10.1  Licensing plays a key role to make sure our communities are resilient
and thriving. 
Alan Douglas
Chief Officer – Regulatory and Regeneration
23 January 2025 
Person to contact:  Michael McDougall
Manager of Legal Services
michael.mcdougall@west-dunbarton.gov.uk   
Appendices:   Appendix 1 – Revised procedure for taxi fare reviews
Appendix 2 – Clydebank Taxi consultation response 
Background papers:  Screening 1066   
Wards affected:  All   
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Appendix 1 - Procedure in relation to being recognised as a representative of
the operators of taxis 
Introduction
The West Dunbartonshire Licensing Committee must fix scales for the fares and
other charges in relation to the hire of taxis. It must do so within 18 months of the
previous scales coming into affect. Prior to fixing these scales, the licensing authority
must review these scales.
When reviewing these scales, the Licensing Committee will consult with persons or
organisations appearing to it to be, or to be representative of, the operators of taxis
operating within its area. It is practice of the Licensing Committee to consult with
persons or organisations appearing to it to be representative of the operators of taxis
operating within its area. 
Taxi zones
The Committee operates two zones within the Council boundaries: Clydebank and
Dumbarton and the Vale of Leven. Details of the number of taxi operator licences as
of 10 September 2024 in each area is set out at figure 1.
Area Number of taxi operator licences
Clydebank 147
Dumbarton and the Vale of Leven 174
Figure 1
Recognition of persons or organisations representing operators of taxis
The Licensing Committee will consult with:-
• any person or organisation already recognised as being representative of the
operators of taxis by the Licensing Committee; and
• any person or organisation that can demonstrate they are representative of at
least 10% of all taxi licence holders within the relevant zone
The following persons or organisations are already recognised as being
representative of operators of taxis:-
Area Person or organisation
Clydebank Clydebank Taxi Operator’s Group
Dumbarton and Vale of Leven Dumbarton Taxi Trade Association 
In order to be recognised as a person or organisation as representing operators of
taxis, the Licensing Committee requires that the person or organisation writes to the
Licensing Section and confirm that they wish to be so recognised and provide written
authorisation from at least 10% of all taxi licence holders within the relevant zone.
Item 10
Appendix 1
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For the purposes of this requirement each individual licence is to be treated as an
operator.
For the avoidance of doubt, where a single person or organisation holds at least 10%
of the taxi operator licences in a zone, they will be consulted as a matter of course. 
Where the Licensing Committee receives such a request, it will be for the Manager
of Legal Services – having regard to this document - to approve the request or to
defer the matter to a meeting of the Licensing Committee for determination. 
Trade consultation
When responding to the consultation, persons or organisations representing
operators of taxis should note that the Licensing Committee requires information
relating to the costs incurred by the trade, having regard to the capital costs
(including interest payments) of the vehicles, the costs of maintaining and replacing
them to the standards required by the licensing authority, the costs of employing
drivers, and the prevailing levels of wages and costs in related road transport
industries. 
Any requests relating to the scales should be supported by probative evidence. 
Public consultation
Having consulted with persons or organisations representing operators of taxis,
reviewing the existing scales and proposing new scales, these scales will be
published in a newspaper circulated in the respective zone. The publication of the
proposed scales of fares will activate a representation period. 
The Council will thereafter consider any representations received prior to fixing
scales. 
Further information
You can contact the Council’s Licensing Section for further information. 
Licensing Section
Legal Services
Municipal Buildings
College Street
Dumbarton
G82 1NR
01389 738741
licensing@west-dunbarton.gov.uk 
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Item 10
Appendix 2
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WEST DUNBARTONSHIRE COUNCIL 
Report by Chief Officer – Regulatory & Regeneration 
Licensing Committee – 19 February 2025 
Subject: Taxi fare review update 
1  Purpose   
1.1  To advise Members of the Licensing Committee on the outcome of a
consultation in relation to the Licensing Section’s practice in relation to
taxi fare reviews. 
2  Recommendations   
2.1  It is recommended that Members:-   
(a) note the consultation responses received from holders of taxi
operator licences; and 
(b) approve the taxi fare review procedure outlined at Appendix
1. 
3  Background   
3.1  At its meeting of 9 October 2024, the Licensing Committee considered a
proposal from officers that when consulting on the review of taxi fares
for either the Clydebank or Dumbarton and Vale Leven zones, the
Licensing Section consult with any person or body who can
demonstrate that they represent at least 10% of all taxi operator licence
holders in the zone as well as any persons or organisations previously
recognised by the Committee as being representative of taxi operators. 
3.2  Having considered matters, Members determined to authorise the
Licensing Section to consult on the proposed change to its procedure
when consulting on taxi fare reviews. 
4  Main issues   
4.1  Following the aforementioned meeting, the Licensing Section wrote to
all taxi operator licence holders in West Dunbartonshire with details of
the proposed change to the procedure around taxi fare reviews and
asked for their views. A detailed response from Clydebank Taxis was
received (see Appendix 2) and a short response from a Dumbarton and
Vale of Leven taxi operator. 
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4.2  Clydebank Taxis’ response details the challenges that it sees facing the
taxi trade and proposes various changes to the tariff. These matters are
irrelevant to the consultation at hand, however, it is noted that they do
not seek to object to the approach proposed by the Licensing Section.
There will be an opportunity for Clydebank Taxis to input into the tax
fare review whether at an early stage should Members approve the
revised procedure, or as part of the subsequent public consultation. 
4.3  The response from the Dumbarton and Vale of Leven taxi operator did
not oppose the revised procedure. 
4.4  Should Members approve the revised procedure it will be utilised when
the Licensing Section commences the review of the Clydebank taxi
fares later this year. Further, the licence numbers set out in Appendix 1
will be updated prior to publication. 
5  Options Appraisal   
5.1  It is important that the licensing authority, when setting its taxi fares for
either of its zones, has regard to the needs of the trade. As matters
stand – prior to the public consultation - regard is given to the views of
each zone’s trade association. The recommendation in this Report
propose consultation with any licence holders that either hold or
represent at least 10% of taxi operators in that zone. This will make sure
that there is an opportunity for any views held by a significant number of
taxi operators to be considered at the initial stage. 
5.2  Revising the procedure demonstrates that the authority has had regard
to feedback made through previous taxi fare reviews and will
demonstrate that the authority has created a mechanism to allow any
significant operator or representative to input into the process at the
early stage. 
6  People Implications   
6.1  There are no personnel issues at this stage. 
7  Financial and Procurement implications 
7.1  There are no financial or procurement implications. 
8  Equalities Impact Assessment (EIA)   
8.1  Screening 1068: Screened as not being relevant. This is a change to an
existing policy to codify how a party can become a representative to be
consulted. There is no change to the consultation process as it is set
out in statute. The Council’s “Communicating Effectively” guidance will
be adhered to making sure there is accessible and inclusive
communication. 
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9  Consultation   
9.1  Taxi operators have been consulted. 
10  Strategic Assessment   
10.1  Licensing plays a key role to make sure our communities are resilient
and thriving. 
Alan Douglas
Chief Officer – Regulatory and Regeneration
23 January 2025 
Person to contact:  Michael McDougall
Manager of Legal Services
michael.mcdougall@west-dunbarton.gov.uk   
Appendices:   Appendix 1 – revised procedure for taxi fare reviews
Appendix 2 – Clydebank Taxi consultation response 
Background papers:  Screening 1066   
Wards affected:  All   
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WEST DUNBARTONSHIRE COUNCIL 
Report by Chief Officer – Regulatory & Regeneration 
Licensing Committee – 19 February 2025 
Subject: Update and review of Licensing Policies and Procedures 
1  Purpose   
1.1  To inform Members of the proposed review of the Licensing Section’s li
censing policies and procedures to make sure that they align with the 
Council’s broader equalities objectives as well as considering the needs
of the community and licensed trade. 
2  Recommendations   
2.1  It is recommended that Members note and approve the review of
licensing policies and procedures. 
3  Background   
3.1  The Council’s Licensing Committee has delegated authority in relation
to various licensing regimes including (but not limited to) those activities
licensed under the Civic Government (Scotland) Act 1982, the Housing
(Scotland) Act 2006, and The Animal (Licensing of Activities Involving
Animals) (Scotland) Regulations 2021. These licensing regimes have a
common theme in that they seek to preserve public order and safety
and prevent crime. 
3.2  When discharging its functions through the aforementioned licensing
regimes, the Council (and its Committee and officers) must make sure
that their decisions comply with the Equality Act 2010 and in particular,
the Public Sector Equalities Duty. The Council’s responsibilities under
the Equality Act 2010 are wide, however, Members will be aware that
when exercising a public function they must not do anything that
constitutes discrimination, harassment or victimisation of a person with
protected characteristics. Similarly the Public Sector Equalities Duty
requires that they have due regard to the need to (a) eliminate
discrimination, harassment, victimisation and any other conduct that is
prohibited by or under this Act; (b) advance equality of opportunity
between persons who share a relevant protected characteristic and
persons who do not share it; (c) foster good relations between persons
who share a relevant protected characteristic and persons who do not
share it. For the avoidance of doubt, the Equality Act 2010 defines
protected characteristics as follows:- 
 age;
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 disability; 
 gender reassignment;
 marriage and civil partnership;
 race;
 religion or belief;
 sex; and 
 sexual orientation. 
4  Main issues   
4.1  The Council’s licensing policies and procedures have been developed
over time to meet legislative requirements. These policies and
procedures will have been prepared to meet legal requirements both in
terms of the licensing regime and the wider legal framework that the
licensing authority must work within (including but not limited to the
Equality Act 2010). 
4.2  Given changes to societal expectations, trade practice, and
technological developments, it is good practice that these policies and
procedures are reviewed so to evaluate their impact (if any) on persons
with protected characteristics and to make sure that they align with the
Public Sector Equality Duty so far as permitted by law. So that the
Council can make fully reasoned decisions, it is important that it
understands the full impact of its current and proposed policies and
procedures on the licensed trade. 
4.3  It is proposed that the review will focus on licence types that are public
facing, for example, taxi and private hire car (including all forms of
licences relating to these activities), public entertainment, houses of
multiple occupation and late hours catering licensing. Consideration
was given to the inclusion of short-term let licensing, however, it was
noted that the policy is already due to be reviewed by the local authority
within a set timeframe. 
4.4  Officers from the Licensing Section, working with the Council’s
Performance and Strategy team, will agree a methodology to engage
with those persons with protected characteristics and the licensed trade
to establish what impact, if any, the relevant licensing policies and
procedures have. 
4.5  The outcome of this engagement will be reported to a future meeting of
the Licensing Committee with officers’ suggestions of how policies and
procedures could be improved to reflect the findings of the engagement
exercise where applicable. Members should note at this stage that
matters raised through the exercise may fall outwith the remit of the
licensing authority, however, officers will feed that information to the
appropriate services or organisations. 
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5  Options Appraisal   
5.1  No options appraisal was required for this report. 
6  People Implications   
6.1  There are no personnel issues at this stage. 
7  Financial and Procurement implications 
7.1  No financial or procurement implications. 
8  Equalities Impact Assessment (EIA)   
8.1  EIA1215: Screened as not relevant. No policies or procedures are being
amended. This report proposes to establish a review of the policies and
procedures. As part of this review, stakeholders from a diverse range of
backgrounds (including those groups representing persons with
protected characteristics) will be consulted. This will form the basis for
further EIAs. 
9  Consultation   
9.1  As narrated at paragraph 4.4 of this Report, officers of the Licensing
Section will engage with colleagues in the Performance and Strategy
team. 
10  Strategic Assessment   
10.1  Licensing plays a key role to make sure our communities are resilient
and thriving. 
Alan Douglas
Chief Officer – Regulatory and Regeneration
23 January 2025 
Person to contact:  Michael McDougall
Manager of Legal Services
michael.mcdougall@west-dunbarton.gov.uk   
Appendices:   None   
Background papers:  None   
Wards affected:  All   
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WEST DUNBARTONSHIRE COUNCIL 
Report by Chief Officer – Regulatory & Regeneration 
Licensing Committee – 19 February 2025 
Subject: Update and review of Short-term Let Licensing Policy 
1  Purpose   
1.1  To advise Members of the commencement of a review of the
implementation of the Short-term Let Licensing Policy and the steps
required to reflect changes further to the Civic Government (Scotland)
Act 1982 (Licensing of Short-Term Lets) Amendment Order 2024. 
2  Recommendations   
2.1  It is recommended that Members:-   
(a) note the steps being taken to review the implementation of
the Short-term Let Licensing Policy; 
(b) note the terms of the Civic Government (Scotland) Act 1982
(Licensing of Short-Term Lets) Amendment Order 2024; and 
(c) approve the updated Policy in relation to short-term let
licences, subject to any further technical modifications
thought necessary by the Chief Officer- Regulatory and
Regeneration, to implement the new licence types. 
3  Background   
3.1  The Civic Government (Scotland) Act 1982 (Licensing of Short-Term
Lets) Order 2022 introduced a licensing regime for Short-term Lets. This
licensing regime took effect as of 1 March 2022.   
3.2  At its meeting of 13 September 2022, the Licensing Committee
approved a policy and fees in relation to the licensing of Short-term
Lets. The Licensing Committee further instructed officers to review the
implementation of the Short-term Let licensing regime within 18 to 24
months of implementation.   
3.3  The Scottish Government thereafter delayed the requirement for
existing Short-term Let hosts to apply for a licence by 30 September
2023. As a result of this decision, the Licensing Committee at its
meeting on 19 April 2023, considered a report updating it on the new
implementation dates and agreed to delay the review of the short-term
let licensing regime so to reflect the delayed implementation date.
Item 12
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4  Main issues   
Review of implementation of the Short-term Let licensing regime
4.1  To date West Dunbartonshire Council have received 127 applications
for the grant of a Short-term Let licence. 108 applications were granted
with the remaining applications either pending or being withdrawn or not
considered due to the applicant’s failure to provide the necessary
paperwork.     
4.2  The review of the implementation of the Short-term Let licensing regime
will have three work streams:- 
 does the licensing authority’s Policy and procedures comply with
the legislative framework, including the up-to-date statutory
guidance issued by the Scottish Government;
 is there an effective framework in place to deal with complaints
relating to premises licensed as Short-term Lets; and
 the impact the licensing authority’s Policy and procedures have
on Short-term Let businesses. 
4.3  Officers from the Licensing Section will engage with the Council’s
Performance and Strategy team to establish how best to engage with
interested parties including consultees, Council services and the trade. 
4.4  The outcome of consultations will be reported back to a future meeting
of the Licensing Committee along with any proposed changes to Policy
and procedures that are being recommended by officers. 
The Civic Government (Scotland) Act 1982 (Licensing of Short-Term
Lets) Amendment Order 2024
4.5  The Civic Government (Scotland) Act 1982 (Licensing of Short-Term
Lets) Amendment Order 2024 makes a number of technical updates to
the existing short-term let licensing regime as well as introducing two
new mandatory conditions and three new application types. 
4.6  As noted elsewhere in this Report, the Policy will be reviewed, however,
Officers are of the view it is good practice to update the Policy at an
early stage. 
4.7  The two new mandatory conditions require information to be available to
guests at the premises in relation to:- 
(a) instructions as to what guests should do in the event that the
carbon monoxide alarm sounds; and 
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(b) if there is a mobile gas cabinet heater in the premises, safety
instructions as to the operation and movement of that mobile
heater must be available.   
4.8  The Amendment Order creates three new application types:- 
(a) Application for provisional short-term let Licence 
This application is for any premises that are yet to be, or are
in the course of being, constructed for use as a Short-term
Let. The licence has no effect unless it is confirmed, i.e. a
provisional short-term let licence cannot be relied upon to
authorise the use of the premises as a Short-term Let. 
(b) Application for confirmation of provisional Short-term Let
Licence 
This application, if granted, gives effect to a provisional short-
term let licence, i.e. in practical terms the application being
granted converts a provisional licence to a full licence that
authorises the use of the premises as a Short-term Let. The
licensing authority must confirm the licence where it is
satisfied that, following the construction of the premises, the
applicant would be able to secure compliance with the
mandatory licence conditions and any standard conditions.
There is no opportunity for public representation at this stage. 
(c) Application for transfer of Short-term Let Licence 
This application allows the licence holder to transfer the
licence to another person or body. Where such an application
is made, the licensing authority must send the transfer
application, together with a copy of the application, to the
Chief Constable of Police Scotland. Where the Chief
Constable does not make any objection or representation
then the licensing authority must grant the transfer
application.   
4.9  In order to facilitate applications for provisional short-term let licences,
applications for confirmation of provisional short-term let licences and
applications for the transfer of short-term let licences, the Policy has
been amended with proposed revisions narrated at Table 1 and an
updated Policy enclosed at Appendix 1. 
Table 1   
Section Update
3, Definitions New definitions added to reflect the
operation of the new licence application
types. 
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4A, Applications for
provisional Short-term
Let licences and
confirmation of such
licences
Outlines how such applications will be
dealt with by the Licensing Section and the
Committee. 
4B, Applications for the
transfer of Short-term
Let licences
Outlines how such an application will be
dealt with by the Licensing Section and the
Committee.
8.6, Licence duration
and renewal
Confirms the duration of a provisional
Short-term Let licence.
Various Amendments have been made throughout
the document for the sake of consistency
with new sections 4A and 4B.
Deadlines for lodging References to historic deadlines for the
lodging of applications have been deleted
for the sake of clarity. 
5  Options Appraisal   
5.1  No options appraisal was required for this report. 
6  People Implications   
6.1  There are no personnel issues at this stage. 
7  Financial and Procurement implications 
7.1  The fee for the grant of a provisional short-term let licence and
confirmation of short-term let have been calculated on a 75%/25% split
of the full fee having regard to the nature of a provisional short-term let
licence and the reduction in work for Council services at this stage. This
will be kept under review.   
7.2  The fee for a transfer of a short-term let licence mirrors the cost of a
variation so to reflect the lack of limited consultation involved in the
application. This will be kept under review. 
8  Equalities Impact Assessment (EIA)   
8.1  Screening 1066: EIA as not required. These are additional application
types that have been introduced by the Scottish Government. The
Policy is being updated to allow for the Council's Licensing Section to
process such applications. The broader issues have already been
assessed via EIA 552 on Licensing of Short Term Lets. 
9  Consultation   
9.1  No consultation has taken place as the legislation is being amended to
introduce new application types.
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9.2  The implementation of the Council’s Short-Term Let licensing regime
will be reviewed, as instructed by the Committee. As narrated at
paragraph 4.3 of this Report, officers of the Licensing Section will
engage with colleagues in the Performance and Strategy team. 
10  Strategic Assessment   
10.1  Licensing plays a key role to make sure our communities are resilient
and thriving. 
Alan Douglas
Chief Officer – Regulatory and Regeneration 
6 February 2025 
Person to contact:  Michael McDougall
Manager of Legal Services
michael.mcdougall@west-dunbarton.gov.uk   
Appendices:   Appendix 1 – updated Policy to be approved   
Background papers:  Civic Government (Scotland) Act 1982 (Licensing of
Short-Term Lets) Amendment Order 2024  
EIA Screening 1066   
Wards affected:  All   
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1 
SHORT-TERM LETS POLICY 
October 2022
Revised February 19 2025
Item 12
Appendix 1
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2 
Contents 
Foreword
1. Background
2. Timescales for applying
3. Definitions
4. Application and notification
5. Objections and representations
6. Determination of application
7. Right of appeal
8. Licence duration and renewal
9. Licence conditions
10. Temporary exemptions
11. Temporary licences
12. Compliance and enforcement
13. Variation of a licence
14. Suspension and revocation of a licence
15. Third party accreditation
16. Planning permission
17. Equality
18. Fees 
Appendix 1 – Contact details
Appendix 2 – Hearing Procedure
Appendix 3 – Mandatory Conditions
Appendix 4 – Additional Conditions
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3 
Foreword 
This policy statement is the first one published by the West Dunbartonshire
Licensing Committee on Short-Term Lets. 
The purpose of the policy is to provide guidance for applicants, licence holders
and members of the public on the licensing system for short-term lets. 
This policy statement will be reviewed and revised when necessary.
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4 
1. Background 
1.1. On 19 January 2022, The Civic Government (Scotland) Act 1982
(Licensing of Short-term Lets) Order 2022 (“the Order”) was
approved by the Scottish Parliament. The Order came into force on
1 March 2022 and inserts new legislative provisions into the Civic
Government (Scotland) Act 1982 (“the Act”). 
1.2. The Order introduces a new mandatory licensing system for short-
term lets which local authorities were required to establish by 1
October 2022. 
1.3. Prior to the introduction of the legislation, there was no requirement
to license short-term lets and, therefore, local authorities did not
have the ability to regulate these types of premises. 
1.4. The licensing scheme was brought in by the Scottish Government
with the aim to ensure short-term lets are safe, address issues faced
by neighbours and to facilitate local authorities knowledge and
understanding of what is happening in their area. It also enables local
authorities to ensure the people providing short-term lets are suitable
and allows them to handle complaints effectively. The legislation
aims to make sure that the economic and tourism benefits from
short-term lets are balanced with the needs and concerns of local
communities. 
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5 
2. Definitions 
“Short-term Let” or “STL” - is defined in the Order as the use of residential
accommodation provided by a host in the course of business to a guest,
where all the following criteria are met- 
(a) The guest does not use the accommodation as their only or
principal home,
(b) The short-term let is entered into for commercial consideration,
(c) The guest is not:
i. An immediate family member of the host,
ii. Sharing the accommodation with the host for the principal
purpose of advancing the guest’s education as part of an
arrangement made or approved by a school, college, or
further or higher educational institution, or
iii. An owner or part owner of the accommodation,
(d) The accommodation is not provided for the principal purpose
of facilitating the provision of work or services by the guest to
the host or to another member of the host’s household,
(e) The accommodation is not excluded accommodation,
(f) The short-term let does not constitute an excluded tenancy.   
“Building Standards certificate” – means a certificate signed on behalf of
the  appropriate  authority  stating:  a)  that  a  completion  certificate  has  been
accepted under section 18 of the Building (Scotland) Act 2003 in respect of
any  construction  of  the  subject  premises  in  connection  with  their  proposed
use as a  short-term  let;  b)  that  permission  for  the  temporary  occupation or
use  of  the  premises  has  been  granted  under  section  21(3)  of  the  Building
(Scotland) Act 2003; or (c) that no such completion certificate or permission
is required.   
“Commercial Consideration” - this includes money and a benefit in kind
(such as a provision of a service or reciprocal use of accommodation). 
“Council” – means West Dunbartonshire Council, a Local Authority in terms
of the Local Government (Scotland) Act 1994 having its principal
place of business at 16 Church Street, Dumbarton G82 1QL, 
“Dwellinghouse” - means for these purposes, an independent dwelling (with
its own front door, kitchen and bathroom) such as a house, flat, cottage etc. 
“Excluded Accommodation” – is defined in the Order as accommodation
which is, or is part of:
(a) an aparthotel,
(b) premises in respect of which a premises licence within the
meaning of section 17 of the Licensing (Scotland) Act 2005
has effect and where the provision of accommodation is an
activity listed in the operating plan as defined in section 20(4)
of the 2005 Act, 
(c) a hotel which has planning permission granted for use as a
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6 
hotel, 
(d) a hostel, 
(e) residential accommodation where personal care is provided to
residents, 
(f) a hospital or nursing home, 
(g) a residential school, college or training centre, 
(h) secure residential accommodation (including a prison, young
offenders institution, detention centre, secure training centre,
custody centre, short-term holding centre, secure hospital,
secure local authority accommodation, or accommodation
used as military barracks), 
(i) a refuge, 
(j) student accommodation,
(k) accommodation which otherwise requires a licence for use for
hire for overnight stays (not including an HMO licence granted
under Section 129 of the Housing (Scotland) Act 2006), 
(l) accommodation which is provided by the guest,
(m) accommodation which is capable, without modification, of
transporting guests to another location
(n) a bothy, 
(o) accommodation owned by an employer and provided to an
employee in terms of a contract of employment or for the
better performance of the employee’s duties. 
“Excluded Tenancy” – is defined in the order as a tenancy which falls within
any of the following definitions:
(a) protected tenancy (within the meaning of section 1 of the Rent
(Scotland) Act 1984,
(b) an assured tenancy (within the meaning of section 12 of the
Housing (Scotland) 1988 Act),
(c) a short assured tenancy (within the meaning of section 32 of
the Housing (Scotland) Act 1988),
(d) a tenancy of a croft (within the meaning of section 3 the Crofters
(Scotland Act 1993),
(e) a tenancy of a holding situated outwith the crofting counties
(within the meaning of section 61 of the Crofters (Scotland Act
1993) to which any provisions of the Small Landholders
(Scotland) Acts 1886 to 1931(8)) applies,
(f) a Scottish secure tenancy (within the meaning of section 11 of
the Housing (Scotland) Act 2001),
(g) a short Scottish secure tenancy (within the meaning of section
34 of the Housing (Scotland) Act 2001),
(h) a 1991 Act tenancy (within the meaning of section 1(4) of the
Agricultural Holdings (Scotland) Act 2003),
(i) a limited duration tenancy (within the meaning of section 93 of
the Agricultural Holdings (Scotland) Act 2003),
(j) a modern limited duration tenancy (within the meaning of
section 5A of Agricultural Holdings (Scotland) Act 2003),
(k) a short limited duration tenancy (within the meaning of section 4
of the Agricultural Holdings (Scotland) Act 2003),
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7 
(l) a tenancy under a lease under which agricultural land is let for
the purpose of its being used only for grazing or mowing during
some specified period of the year (as described in section 3 of
the Agricultural Holdings (Scotland) Act 2003),
(m) a private residential tenancy (within the meaning of section 1 of
the Private Housing (Tenancies) (Scotland) Act 2016),
(n) a student residential tenancy. 
“Guest” – this means a person who occupies accommodation under a short-
term let, 
“Home Letting” - using all or part of your own home for short-term lets whilst you
are absent, 
“Home Sharing” – this means using all or part of your own home for short-term
lets whilst you are there, 
“Host” – this means a person who is the owner, tenant or person otherwise in
control over occupation and use of the accommodation, 
“Immediate family member” – the Order provides that a person ("A") is an
immediate family member of another person ("B") if A is—:
(a) in a qualifying relationship with B,
(b) a qualifying relative of B,
(c) a qualifying relative of a person who is in a qualifying
relationship with B, or
(d) in a qualifying relationship with a qualifying relative of B. 
For the purposes of (a) to (d) above – 
(1) Two people are in a qualifying relationship with one another if
they are – 
i. Married to each other,
ii. In a civil partnership with each other, or
iii. Living together as though they are married,
(2) A "qualifying relative" means a parent, grandparent, child,
grandchild or sibling,
(3) two people are to be regarded as siblings if they have at least
one parent in common,
(4) a person's stepchild is to be regarded as the person's child,
(5) a person ("C") is to be regarded as the child of another person
("D"), if C is being or has been treated by D as D's child.   
“Licensing Authority” - means the licensing authority responsible for the
processing of STL licences under the 1982 Act, 
“Planning certificate” – means a certificate signed on behalf of the
appropriate authority stating: a) that planning permission under the Town and
Country Planning (Scotland) Act 1997 in respect of any development of the
subject premises in connection with their proposed use as a short-term let has
been obtained; or b) that no such planning permission is required,
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8
“Police Scotland” - means the police service of Scotland having its
headquarters at Tulliallan Castle, Kincardine,
“Provisional planning certificate” – means a certificate signed on behalf of
the appropriate authority stating: a) that planning permission, planning
permission in principle or outline planning permission under the Town and
Country Planning (Scotland) Act 1997 has been obtained in respect of the
construction of the premises; or b) that no such planning permission is
required,
“Provisional Short-term Let Licence” – means a licence for a premises that
are yet to be, or in the course of being, constructed for use as a short-term let,
“Scottish Fire and Rescue Services” - is a body corporate established
under the Police and Fire Reform (Scotland) Act 2012 and having its
registered headquarters at Westburn Drive, Cambuslang, G72 7NA,
“Short-term Let Control Area” - has the meaning provided in section 26B of
the Town and Country Planning (Scotland) Act 1997,
“Short-term Let Licence” or “STL licence” - means a licence for a short-
term let,
“Unconventional Accommodation” – this means residential accommodation
that is not defined as a dwellinghouse and would include residential
accommodation such as glamping pods and yurts.
West Dunbartonshire Council is the Licensing Authority for West Dunbartonshire in
relation to a wide range of activities. The responsibility of licensing certain activities,
including Short-Term Lets (“STL”) is delegated to the Licensing Committee (“the
Committee”).
Please note that if you have an HMO licence for your property, you would still need
a short-term let licence if it is also to be used for short-term lets. This is the case
whether or not you live at the premises covered by your HMO licence.
There are four types of licences for short-term let accommodation. Any licence
granted must be for either:
1. Secondary letting;
2. Home letting;
3. Home sharing; or
4. Home letting and home sharing
A separate licence is required for each of your premises. However, a single licence
may be issued in respect of unconventional accommodation where there is more
than one separately bookable property on the site.
You do not need a separate licence for short-term lets within the same
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9 
dwellinghouse. For example, if you are letting out two rooms in your home, that
would be covered by one licence.
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10 
3. Application and notification 
3.1. All applicants for the grant, variation and renewal of a STL Licence,
irrespective of the type of STL Licence being applied for (Secondary
Letting, Home Letting, Home Sharing; or Home Letting and Home
Sharing) must complete the STL Licence application form available
online at https://www.west-dunbarton.gov.uk/business/licences-
permits-and-permissions/short-term-lets/short-term-let-licences/
together with the appropriate documentation and fee. Please see
section 4.7 in relation to the appropriate documentation and section
19 in relation to the appropriate fee. 
3.2. An application for a STL Licence, under the legislation, can be made
by a person other than the owner of the premises. Where this is the
case the applicant must ensure they provide the relevant consents
from the owner(s) as detailed in section 4.7(d).   
3.3. Part of the application form will require the applicant to provide a
declaration to the Licensing Authority that they can comply with the
mandatory conditions attached to a STL Licence, including all the
documentation detailed within these conditions. Further information
on the mandatory conditions can be found at Appendix 3.   
3.4. Applicants should be mindful that the Licensing Authority can request
any documentation referred to in the mandatory conditions at any
time during the consideration of an application or the period of the
licence, if granted. Applicants should also note that a breach of a
condition is a criminal offence under the Act.   
3.5. If an applicant has had a STL Licence application refused by the
Licensing Authority then the applicant cannot apply for a STL
Licence within one year of the date of the refusal unless there has
been a material change of circumstances. An applicant who has
been refused must contact the Licensing Section by email at
licensing@west-dunbarton.gov.uk if they wish to apply within the
year of the date of refusal. The Licensing Authority determines if the
change is material, not the applicant. 
3.6. Applicants should be aware that an application will not be accepted
and processed without the following documentation (where
applicable):
a) Planning Permission or a Certificate of Lawfulness – where the
Council establishes a short-term let control area, as explained
in section 17, a host or operator must make an application for
planning permission or already have planning permission
before they apply for a STL Licence.  
b) Floor/Layout Plan - All applicants for the grant of a STL licence
will be required to submit a floor plan of the premises, scale 1:
50 showing at least the following:
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11 
i. Rooms – living area/bedrooms/bedrooms available for
guests;
ii. Room sizes, including bedrooms;
iii. Fire escapes;
iv. Location of heat/smoke alarms; 
v. Location of fire doors; and
vi. Location of stairs/elevators/lifts; 
For renewal applications, where there has been no
change to the layout of the premises a floor plan would
not be required with the application. 
For variation applications, where the variation relates to a change
to the layout of the premises, a floor plan would be required with
the application.  
c) Consent from Owner(s) – where the applicant is not the owner,
the applicant must provide consent from the owner ,or if the title
to the premises is held by more than one owner, all owners or a
person authorised to act on behalf of the owner(s).  Where the
premises is owned by more than one person (shared
ownership) all owners will have to declare that they consent to
the application, if one owner is submitting the application.
These declarations would be required to be submitted with the
application. 
3.7. Under the terms of the Act, all applicants who apply for a short-term
let licence must display a notice at or near the premises, in a place
where it can conveniently be read by the public, for a period of 21
consecutive days beginning with the date on which the application
was submitted to the Licensing Authority.   
3.8. The notice will include the following information, as required by the
Act: 
a) The type of licence applied for (Secondary Letting, Home
Letting, Home Sharing or Home Letting and Home Sharing);
b) Applicant’s full name and address if an individual.  If not an
individual then the full name of the organisation together with
the registered or principal office address, names of directors or
persons responsible for the management of the premises;
c) Person responsible for day to day activity (a mandatory
condition is that this can only be the licence holder);
d) Address of the premises relating to the STL Licence application;
e) The number of rooms providing sleeping accommodation within
the premises; 
f) Details of any other STL Licence that has been granted to the
applicant;
g) The name and address of the owner(s) where the applicant is
not the owner of the premises or the land on which the
premises is located; 
h) Confirmation that the owners consent to the application (this
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12 
would be included in the application form); and
i) Where objections and representations in relation to the
application can be made to, the 28 day timescale for submitting
an objection or representation and the statutory requirements of
an objection or representation (in writing, providing name and
address etc). Further information in relation to objections and
representations can be found at section 5. 
3.9. In terms of the consultees, the Licensing Authority will send a copy of
all applications received to the following consultees: 
a) Police Scotland (statutory consultee); and 
b) Scottish Fire and Rescue Service (statutory consultee). 
c) Elected Members for the area; and
d) West Dunbartonshire Council’s Planning Department (or Loch
Lomond & The Trossachs National Park Planning Authority if
appropriate)
e) West Dunbartonshire Council’s Building Standards Department
f) West Dunbartonshire Council’s Environmental Health Service 
Police Scotland and Scottish Fire and Rescue are statutory
consultees to every application. 
Any response received from a consultee will be considered by the
Committee as detailed in 5. 
3.10. All personal data will be processed in line with the Council’s privacy
notices, found here: https://www.west-dunbarton.gov.uk/privacy/ 
4A. Applications for the grant of a Provisional Short-term Let
Licence and confirmation of a Provisional Short-term Let Licence 
4A.1 A Provisional Short-term Let Licence application may be made, in
relation to any premises despite the fact that, at the time the
application is made, the premises are yet to be, or are in the course
of being, constructed for use as a short-term let. 
4A.2 All applicants for a Provisional Short-term Let Licence must complete
the Provisional Short-term Let Licence application form available
online at 
https://www.west-dunbarton.gov.uk/business/licences-permits-and-
permissions/short-term-lets/short-term-let-licences/ 
together with the appropriate documentation and fee. 
4A.3 This Policy applies to applications for a Provisional Short-Term Let
Licence with the following modifications:- 
Section Subsection Summary
4 Application and 4.7 Only 4.7(b) applies in relation to
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13 
notification this section, i.e. only a layout
plan is required. Please note
that the Licensing Section may
require additional
documentation to be submitted
with an application. Where this
is the case, the Licensing
Section will advise the applicant
directly of this.
4.10 The requirement to consult with
the Planning Authority (4.10(d))
is deleted. The Licensing
Authority notes that the
application will be notified to the
consultees at 4.10(e) to (f) for
information only. 
8  Only 8.6 applies as Provisional
Short-term Let Licences have
their rules in relation to
duration. 
9  This section will not apply. For
the avoidance of doubt, both
mandatory and additional
conditions and a capacity will
be attached to the licence when
confirmed. 
4A.4 All applicants who wish to apply for confirmation of a provisional
short-term let licence must complete the relevant application form
available online at 
https://www.west-dunbarton.gov.uk/business/licences-permits-and-
permissions/short-term-lets/short-term-let-licences/ 
together with the appropriate documentation and fee. 
4A.5 The holder of a Provisional Short-term Let Licence may apply to the
Council to confirm the Provisional Short-term Let Licence. Such an
application must be accompanied by:- 
a) the Provisional Short-term Let Licence;
b) Planning certificate;
c) a Building Standards certificate; and 
d) any such other information as the Licensing Authority may
reasonably require. 
4A.6 The Licensing Authority must confirm the Provisional Short-term Let
Licence where it is satisfied that, following the construction of the
premises, that the applicant would be able to secure compliance with
the mandatory conditions and standard conditions. In relation to the
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14 
determination of an application, this policy applies with the following
modifications:- 
Section Subsection Summary
6 Determination of
application 
This section applies in so far as
it relates to considering
representations or objections
from Police Scotland and/or the
Scottish Fire and Rescue
Service.
4 Application and
notification
4.8 This part does not apply and
therefore, no site notice
required. 
4.10 This part is modified so that a
copy of the application is only
sent to Police Scotland and the
Scottish Fire and Rescue
Service. 
4A.7 The grant of an application to confirm a Provisional Short-term Let
Licence will result in a Short-term Let Licence being granted for the
premises. Upon confirmation being granted, the Short-term Let
Licence will be in place of a period of up to three years. Thereafter,
Section 8 of this Policy will apply. 
4B Applications for the Transfer of a Short-term Let licence 
4B.1 The holder of a Short-term Let Licence (including a Provisional Short-
term Let Licence) may apply to the Council to transfer their Licence. 
4B.2 All applicants wishing to transfer their Licence must complete the
Short-term Let Licence transfer application form that is available
online at 
https://www.west-dunbarton.gov.uk/business/licences-permits-and-
permissions/short-term-lets/short-term-let-licences/ 
together with the appropriate documentation and fee. 
4B.3 A transfer application must be accompanied by:- 
(a) the short-term let licence to which the application relates or, if
that is not possible, a statement of the reasons for failure to
produce the licence,
(b) where the applicant is not the owner of the premises or the land
on which the premises are located—
(i) the name and address of the owner (or, as the case may be,
each owner), and
(ii) a declaration from the owner (or, as the case may be, each
owner), or a person authorised to act on their behalf, that they
consent to the application,
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15 
(c) where the applicant shares ownership of the premises or the
land on which the premises are located—
(i) the name and address of each other owner, and
(ii) a declaration from each other owner, or a person authorised to
act on their behalf, that they consent to the application,
(d) where the short-term let licence is held in joint names—
(i) the name and address of each licence holder, and
(ii) a declaration from each licence holder, or a person authorised
to act on their behalf, that they consent to the application,
(e) such other information as the licensing authority may
reasonably require. 
4B.4 The Licensing Authority will consult with Police Scotland. If no
response is received from Police Scotland then the Council must
grant the application. Sections 5.5 to 5.8 and 6 of this Policy will
apply in relation to the process following consultation with Police
Scotland. 
4B.5 Applicants should be aware that there is no requirement for a site
notice to be displayed at the premises and there is no opportunity for
members of the public to object to the transfer application. 
4B.6 Please note that if a transfer application is granted, there will no
change to the expiry date of the Licence. 
4. Objections and representations 
4.1. The Act permits any member of the public to submit an objection or
representation to the grant or renewal of a STL licence application
(excluding temporary licences).   
4.2. Objections and representations must be in writing (email is
acceptable), specify the grounds for objection, the name and
address of the person making the objection, be signed and be
provided to the Local Authority no later than 28 days after the later
of: 
a) The date the application was made to the Local Authority;
b) The date of the public notice; or 
c) If the date detailed in any notice which has to be re-advertised
on request of the Local Authority. 
4.3. Anonymous objections or representations will not be considered. 
4.4. Objections and representations will be taken into account by the
Committee when considering a STL licence application. 
4.5. Although the Licensing Authority is under a duty to consider any
objections or representations made within 28 days of the application,
it does have discretion to hear late objections and representations
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16 
provided it is satisfied with the reasons for lateness. Where a late
objection or representation has been received it will be passed to the
applicant to enable them to consider it in case the Committee
determine to hear the late objection/representation.   
4.6. The objection should be relevant to the statutory grounds that can be
taken into consideration when refusing an application. These are set
out in Paragraph 5(3) of Schedule 1 of the Act and are: 
a) The applicant or, where the applicant is not a natural person,
any director of it or partner in it or any other person
responsible for its management, is either – 
i. for the time being disqualified under section 7(6) of this
Act, or
ii. not a fit and proper person to be the holder of the
licence;
b) the activity to which it relates would be managed by or carried
on for the benefit of a person, other than the applicant, who
would be refused the grant or renewal of such a licence if he
made the application himself;
c) where the licence applied for relates to an activity consisting of
or including the use of premises or a vehicle or vessel, those
premises are not or, as the case may be, that vehicle or vessel
is not suitable or convenient for the conduct of the activity
having regard to – 
i. the location, character or condition of the premises or
the character or condition of the vehicle or vessel;
ii. the nature and extent of the proposed activity;
iii. the kind of persons likely to be in the premises, vehicle
or vessel;
iv. the possibility of undue public nuisance; or
v. public order or public safety; or
(ca) the applicant would not be able to secure compliance with-
i. the mandatory licence conditions, and
ii. the standard conditions and any further conditions
under sub-paragraph (1A)(b) to which the licence is to
be subject,
(cb) the application does not contain the information required
under 1(2)(da) or (db) (the consent of the owners of the
premises); or  
d) there is other good reason for refusing the application; 
4.7. It should detail clearly the reasons for the objection/representation and
why the applicant and/or the premises are not suitable. 
4.8. A copy of the objection or representation will be provided to the
applicant and will include your name and address. All personal data
will be processed in line with the following privacy notice:
https://www.west-dunbarton.gov.uk/privacy/ 
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17 
5. Determination of application 
5.1. Everybody named on the application form will be subject to the fit
and proper test. Every application form will require consultation with
Police Scotland who will carry out background checks. 
5.2. Licensing authorities are responsible for determining whether you are
a fit and proper person to be the holder of a licence for short-term
lets. Consideration will be given to a wide range of information
including relevant criminal convictions, other relevant information
provided by Police Scotland, any previous disqualifications from
being a private landlord, previous revocations of a HMO licence and
providing false or misleading information in your application form. 
5.3. If there are no objections or adverse representations to a short-term
let licence application, the application will be determined under
delegated powers by the Chief Officer – Regulatory & Regeneration.   
5.4. If an objection or adverse representation is submitted in relation to
the short-term let licence application, the application will be subject
to a hearing at a meeting of the West Dunbartonshire Council
Licensing Committee. 
5.5. The person submitting the objection or representation will be invited
to attend the meeting of the West Dunbartonshire Licensing
Committee and speak to their objection/representation. You will be
given at least 14 days’ notice of the hearing date. 
5.6. The applicant or their representative will also be invited to attend the
meeting and given the opportunity to state why the application
should be granted. 
5.7. The Committee will be able to ask questions of both parties and,
thereafter, decide whether to grant or refuse the application. The
grounds for refusing an application are set out at section 5.6 above. 
5.8. Applications will be heard in public unless required to be taken
privately on the grounds of disclosure of exempt information as
defined in Paragraph 3 of Part 1 of Schedule 7A of the Local
Government (Scotland) Act 1973 
5.9. A copy of the Council’s hearing procedure can be found at Appendix
2. 
5.10. Both the applicant and the person(s) making an
objection/representation can request a statement of reasons for the
decision within 21 days of the date of the decision. The statement of
reasons will be produced by the West Dunbartonshire Council
Section Head Licensing within 10 days of that request.
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18 
5.11. If your application for a licence is refused, you cannot reapply for a
licence within 1 year of that decision, unless there has been a
material change in your circumstances since then. 
6. Right of appeal 
6.1. Applicants should note that where their STL Licence application has
been refused by the Licensing Authority they do have a right of
appeal under the Act. An appeal should be made to the Sheriff Court
within 28 days from the date of the refusal. Where an appeal has
been lodged the STL Licence will continue in effect until such time as
the appeal has been determined. 
6.2. Applicants should note that the Licensing Authority is unable to give
any legal advice in relation to appealing a decision and as such it is
recommended that they seek independent legal advice on the
matter. 
6.3. The Licensing Authority will determine each application on its own
merits. 
7. Licence duration and renewal 
7.1. The duration of the licence applies from the date on which the
licence comes into force. This will be specified on the licence
together with the expiry date of the licence. 
7.2. When an application is made to renew a licence timeously, the
existing licence will continue in effect until such time as a decision is
made on the renewal application. 
7.3. A licence shall have effect- 
 for a period of 3 years from the date when it comes into force;
or
 for such shorter period as the licensing authority may decide
at that time when they grant; or
 for such longer period as the licensing authority may decide
at the time when they renew a short-term let licence 
7.4. The Scottish Government’s guidance for licensing authorities on short-
term lets has made it clear that licensing authorities are encouraged
to renew licences for a period of 3 years, unless they have good
reasons to do otherwise. 
7.5. Whilst, each application will be decided on its own merits, it is not
anticipated that licences will be renewed for a period of longer than 3
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19 
years. 
7.6. A Provisional Short-term Let Licence will be treated as revoked if it is
not confirmed by the Council within three years of the date on which
it was issued by the Council. On the application by the holder of a
Short-term Let Licence for an extension of the three year period,
before the expiry of the Provisional Short-term Let Licence, the
Council may grant an extension if it is satisfied that the completion of
the construction of the premises to which the licence relates has
been delayed, and the delay has been caused by factors out with the
control of the licence holder. 
8. Licence conditions 
8.1. The Act sets out a number of mandatory licence conditions that apply
to all short-term let across Scotland. A list of these conditions can be
found at Appendix 3. It should be noted that the Licensing Authority
has no power to amend these mandatory conditions.   
8.2. In addition to the mandatory licence conditions that apply to all short-
term lets, the Licensing Authority may impose additional conditions.
These enable the Licensing Authority to respond to local challenges
and concerns relative to specific types of short-term letting. 
8.3. There are a number of additional conditions that may apply to all
short-term let properties. There also some specific additional
condition that may only apply to certain types of short-term let
properties or to properties following investigation of concerns. A list
of some style additional licence conditions which may apply to your
short-term let licence can be found at Appendix 4. 
8.4. One of the mandatory conditions that is attached to all STL Licences
is that the licence holder must ensure that the number of guests
residing on the premises does not exceed the number specified in
the licence. 
8.5. All grant applications will ask the applicant to confirm the number of
guests they would like to accommodate in the premises.  The
Licensing Authority do however have to provide a maximum number
of guests who can stay on the premises at any one time on the STL
Licence when it is issued. This is known as the “maximum capacity”.
The Licensing Authority, taking into account the information provided
on the application form and layout plan, will calculate the maximum
capacity in the following way: 
The maximum number of persons in relation to a premises is
whichever is the less of:
(a) The number specified in Table 1 below in relation to the
number of rooms in the house available as sleeping
accommodation for guests, and
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20 
(b) The aggregate for all such rooms in the premises of the
numbers specified in column 2 of Table 2 in relation to each
room of the floor area specified in column 1. 
8.6. It should be noted that no account shall be taken for the purposes of
either Table, of a room having a floor area of less than 50 square
feet. 
8.7. It should be noted that a room is available as sleeping
accommodation if it is of a type normally used in the premises as a
living room or as a bedroom. The Licensing Authority will not include
children under 2 years of age when calculating the maximum
capacity. 
Table 1
Number
of Rooms
Number of
Persons
1 2
2 3
3 5
4 7
5+ 2 for each
room 
Table 2
Column 1 – Floor
Area of Each
Bedroom
Column 2 –
Number of Persons
90 sq. ft. (8.36 sq. m.)
or more
2
50 sq. ft. (4.65 sq. m.)
or more but less than
90 sq. ft. (8.36 sq. m.)
1
9. Temporary Exemptions 
9.1. Given one of the reasons behind STL legislation being introduced is
to ensure basic safety standards are in place across all STL, the
Committee may agree that on this basis, no temporary exemptions
will be granted. This would mean that where a person is using their
premises as a STL, at any time throughout the year, a STL licence
would be required. 
9.2. The Licensing Authority may however, grant temporary exemptions
for national events within West Dunbartonshire. 
9.3. The Licensing Authority is aware of the statutory requirement to keep
its temporary exemption policy under review and to publish it every
three years. 
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21 
10. Temporary Licences 
10.1. The Committee is aware that under the Act, temporary STL Licences
could be applied for however, it is further aware that with temporary
licences there is a limited consultation process when compared to a
full licence. With a temporary licence application there would be no
requirement to display a site notice, no opportunity for objections or
representations to be received other than from the statutory
consultees. 
10.2. In addition the only bodies the Licensing Authority would consult with
under the legislation is Police Scotland and Scottish Fire and Rescue
Service. Given a full consultation would not be undertaken, the
Committee may agree not to accept any Temporary STL Licence
applications and instead require a full STL Licence to be applied for
as detailed at section 4.  This would mean that all STL licence
applications would be subject to the full consultation process as
detailed in section 4. 
11. Unlicensed Short-Term Lets 
11.1. It is a criminal offence under the Act to operate a STL without a STL
Licence. The Licensing Authority has no power to take any action
against unlicensed STL. 
11.2. Complaints about suspected unlicensed hosts/operators should be
directed to Police Scotland. 
12. Complaints and Enforcement 
12.1.  A public register will be maintained of licensed short-term lets by the
Council. This will allow members of the public to check the licensing
status of a premises being used as a short-term let. 
12.2. Licensed short-term lets 
a) Hosts and operators must ensure that any advert or listing
placed on or after they are granted a licence includes their
licence number. 
b) Hosts and operators must ensure that they comply with all the
mandatory and any additional conditions on their licence. It is
a criminal offence to fail to comply with a licence condition if a
licence holder has not used all due diligence to prevent the
offence. 
c) It is also a criminal offence for a licence holder, without
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22 
reasonable cause, to fail to notify the licensing authority of a
material change of circumstances. 
d) The Council may undertake premises site visits as part of the
application process and throughout the duration of the licence
to ensure compliance with licence conditions. 
12.3. Complaints about licensed short-term lets 
a) It is essential that licensed STL are operated in accordance
with the Act and the licence conditions. The complaints
procedure under the Act represent a key protection for the
community where problems relating to the operation of a STL
cannot be resolved amicably by the licence holder and the
complainer. 
b) A complaint must be relevant to the matters that the Council
can take into consideration. Frivolous or vexatious complaints
will not be considered. 
c) The Council can consider matters relating to the suitability of
the licence holder, threats to public safety or public order or
whether a condition of the licence has been contravened. 
d) These issues would include a host/operator exceeding the
number of people staying at the premises, serious disturbance
or antisocial behavior or concerns about the maintenance and
safety of the premises.   
e) Please note that the Council cannot consider complaints in
relation to the quality of a guest’s stay or specific contractual
matters between the guest and the host/operator as this is
outside the scope of the licensing scheme. 
f) Complaints will aim to be acknowledged within 5 working days.
A full response advising you of the outcome may take some
time if the complaint requires further investigation. The
complaint may also need to be directed to other departments
within the Council such as Planning, Environmental Health or
other services such as Police Scotland or Scottish Fire and
Rescue Service for input. Complainants will be kept up to date
with progress if there is a delay in a full response being
provided. 
g) Premises site visits may be undertaken by the Council as part
of an investigation into a complaint. 
h) Information on how to make a complaint can be found at.
https://www.west-dunbarton.gov.uk/business/licences-permits-
and-permissions/short-term-lets/short-term-lets-complaints/ 
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23 
12.4. Enforcement 
a) It is possible that some complaints may require enforcement
action from the Council. 
b) The Act provides for several options for enforcement action if
justified. This includes additional licence conditions being
attached, enforcement notices or variation, suspension or
revocation of the licence or in more serious circumstance
pursuing a prosecution. 
c) An enforcement notice must set out the matters constituting a
breach or likely breach, the action required to rectify or prevent
the breach and the date by which the action must be taken. 
d) If the matter is not addressed satisfactorily by the licence
holder, the Council may then consider a variation, suspension
or revocation of the licence. 
e) 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. 
13. Variation of a licence 
13.1. A licensing authority may, at any time, whether or not upon an
application made to them by the holder of the licence, vary the terms
on any grounds they think fit. 
13.2. A variation application cannot, however, be used to substitute a new
holder of the licence for the existing one i.e. effectively to transfer a
licence. 
14. Suspension or revocation of a licence 
14.1. A licensing authority may, whether upon a complaint made to them or
not, suspend or revoke a licence. 
14.2. Before immediately suspending, the Licensing Authority will consult
with Police Scotland and Scottish Fire and Rescue Service. 
14.3. The grounds for further suspending or revoking a STL licence are
detailed under Paragraph 11 of Schedule 1 of the 1982 Act. These
are:
a) the holder of the licence or, where the holder is not a natural
person, any director of it or partner in it or any other person
responsible for its management, is not or is no longer a fit and
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24 
proper person to hold the licence;
b) the activity to which the licence relates is being managed by or
carried on for the benefit of a person, other than the licence
holder, who would have been refused the grant or renewal of
the licence under paragraph 5(3);
c) the carrying on of the activity to which the licence relates has
caused, is causing or is likely to cause undue public nuisance
or a threat to public order or public safety;
d) a condition of the licence has been contravened. 
14.4. After an immediate suspension has taken place the licence holder will
be given an opportunity to attend a hearing before Committee in
relation to the matter which triggered the suspension. The Committee,
after hearing from the licence holder and/or a representative of Police
Scotland/Scottish Fire and Rescue Service, would determine whether
to suspend for a further period, revoke the licence or take no further
action. This hearing would be within 6 weeks of the immediate
suspension.   
The period of suspension can be the unexpired portion of the duration
of the licence, or such shorter period as the licensing authority may fix.
The effect of the suspension shall be that the licence shall cease to
have effect during the period of suspension. 
15. Third party accreditation 
15.1. The Council will consider third party evidence, accreditation or
certification from certain approved bodies to demonstrate compliance
with the mandatory and any additional conditions of a licence. 
15.2. The Council will also consider the provision of supporting
documentation being provided through suitable third-party platforms. 
Applicants will be expected to provide a link to the database with the
supporting documentation in lieu of uploading the documents as part
of the application process. 
16. Planning permission 
16.1. Under The Town and Country Planning (Short-Term Let Control
Areas) (Scotland) Regulations 2021 the Planning Authority can
introduce Short-Term Let Control Zones which would require any
change of use for a premises to obtain planning permission. In
addition, Short-Term Let Control Areas would require all STL Licence
applications, for any of the four types of licences to have planning
permission (where required) before applying for a licence. The Loch
Lomond and the Trossachs National Park Planning Authority will be
responsible for introducing any Short-Term Control Areas in the part of
West Dunbartonshire falling within the National Park (i.e. the Balloch
and Gartocharn areas); and the West Dunbartonshire Planning
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25 
Authority will be the responsible Planning Authority for the remainder
of West Dunbartonshire. 
16.2. At present there are no Short-Term Let Control Areas in place in West
Dunbartonshire. 
16.3. If any Short-Term Let Control Areas are introduced in West
Dunbartonshire in the future then applicants and licence holders
should note that where planning permission may not be required at
present for a STL Licence, this position could change.   
16.4. These licence holders should note that it is a mandatory condition of a
STL licence that if the premises falls within a Short-Term Let Control
Area, the licence holder must ensure that an application for planning
permission under the Town and Country Planning (Scotland) Act 1997
has been made or is in force. 
16.5. This means that if a Short-Term Let Control Area is introduced during
the period of your STL Licence, where planning permission was not
initially required at the time of applying and being granted a STL
Licence, you would have to apply for planning permission. If you did
not apply for planning permission or a certificate of lawfulness as
applicable, or if you continued operating your STL once planning
permission or a certificate had been refused you would be in breach of
a licence condition and enforcement action may be taken.   
16.6. The purpose of control areas is to help planning authorities manage
high concentrations of secondary letting (where it affects the
availability of residential housing or the character of a neighbourhood)
and to restrict or prevent short-term lets in places or types of buildings
where it is not appropriate. 
16.7. Outside of a control area, it is for the planning authority to consider
whether any change of use of a dwelling house is material and,
therefore, requires planning permission. This is determined on a case
by case basis. 
16.8. Hosts and operators must comply with both planning and licensing law. 
16.9. The Council, as licensing authority, may refuse to consider a licensing
application if the host or operator within a designated short-term let
control area needs planning permission but does not have it. The
Council, as licensing authority, has 21 days from receipt of a valid
application to decide to refuse to consider the application on these
grounds. If an application is refused to be considered on these
grounds, the host or operator must be notified within 7 days together
with an explanation. 
16.10. A host or operator who then subsequently obtains planning permission
or a certificate of lawfulness of use or development can resubmit their
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26 
licensing application (with no additional fee) provided the host or
operator submits the licence application within 28 days of obtaining
planning permission or a certificate. 
16.11. The applicant has 3 months to submit a planning application. If the
applicant does not do so within 3 months, the licence application can
be determined for these purposes and the applicant must cease
providing short-term lets. 
16.12. Please note that planning authorities could designate control areas
after a premises has already obtained a short-term let licence. Licence
holders would be given a reasonable opportunity to comply with the
mandatory condition by submitting a planning application as soon as
possible after the control area is designated. If planning permission is
refused, this may result in the licence being refused, varied or revoked
as appropriate. 
16.13. Hosts and operators are, therefore, encouraged to engage with the
Council’s planning department ((or Loch Lomond and the Trossachs
National Park’s planning department, for applications within the
National Park area) prior to submitting a licence application to confirm
whether they require planning permission or a certificate of lawful use
of development. 
16.14. The Committee recognises the current position in West
Dunbartonshire regarding Short-Term Let Control Areas could change
and will ensure this Policy is reviewed to take account of any Short-
Term Control Areas that may be introduced in West Dunbartonshire in
the future. 
16.15. It should be noted that the introduction of any Short-Term Let Control
Area would fall under the Planning Authority to implement, not the
Licensing Authority. 
17. Equality 
17.1. The Equality Act 2010 Act introduced a new public sector equality duty
that requires public authorities, including the Committee, to try and
eliminate discrimination, promote equality and good relations across a
range of protected characteristics. 
17.2. Prior to the Committee implementing this policy an equality impact
assessment was undertaken. This can be viewed using the following
link https://www.west-dunbarton.gov.uk/council/strategies-plans-and-
policies/council-wide-plans-and-strategies/equality-diversity-and-
fairness/equality-impact-assessments/. 
18. Fees
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27 
18.1. Licensing authorities are required to charge fees in respect of processing
and determining, the consideration of applications, the issue of
duplicate licences and other matters. They must ensure that the fees
are sufficient to cover their administrative expenses and are reviewed
periodically.   
18.2. Licensing fees are non-refundable. Whether or not a licensing
application is granted, the Council incurs significant costs in processing
the application. 
18.3. The Council has determined the fees, as follows: 
Short-term Lets Licence
Application & Renewal
Full Licence
£842.50
Application
Provisional Licence
£631.88
Application
Confirmation of Provisional
Licence
£210.63
Application
Transfer of Premises Licence
£55.00
Minor Variation £55.00
Major Variation £154.50
Environmental Health Inspection £60.00
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Appendix 1 – Contact details 
For Application Queries: 
Contact:  West Dunbartonshire Licensing Department
Telephone:  01389 738741
Email: licensing@west-dunbarton.gov.uk
Address:  Licensing Department, Regulatory and Regeneration
Services, Municipal Buildings, College Street, Dumbarton
G82 1NR 
For Enforcement and Complaint Queries: 
Contact:  West Dunbartonshire Civic Standards Licensing Officers
Telephone:  01389 738741
Email: licensing.standards@west-dunbarton.gov.uk 
Address:  Civic Licensing Standards, West Dunbartonshire Council,
Regulatory and Regeneration Services, Municipal Buildings,
College Street, Dumbarton G82 1NR 
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29 
Appendix 2 – Hearing procedure 
DURING THE HEARING 
1. The Chair will introduce the Members and Officials present. If the
representations/objection(s) were submitted timeously and there
are no spent convictions to be considered, then proceed directly to
number 4. 
2. If the representation/objection (from the Police or any other party)
has been received late the Committee must hear details as to why
the representation/objection was late and be satisfied that there is
sufficient reason why it was not made in the time required. If they
agree that then the representation/objection can be heard otherwise
it should be disregarded. The process to be followed should be that
the objector is invited to provide reasons as to why the submission
was late. Members may ask any follow up questions of the objector.
The applicant must then be asked if they have any objections to the
late submission being accepted. The Committee must take all
comments into account when deciding whether to accept the late
submission. 
3. If spent convictions are to be referred to then the guidance notes for
spent convictions should be followed for each conviction. The
Committee should resolve to go into private whilst considering
spent convictions. 
4. The hearing procedure below should now be followed: 
a The Licensing Support Officer will present the report to the Committee
b The applicant or the party who has initiated the hearing will present their case
first
c The presenting party shall be entitled to provide information in support of their
application, representation or objection (as applicable).
d Any other interested party will have the opportunity to ask the presenting party
relevant questions.
e The Committee Members will have the opportunity to ask the presenting party
relevant questions.
f Any other interested parties will then present their case in turn and be entitled
to provide information in support of their application, representation or
objection (as applicable)
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30 
g Any other interested party will have the opportunity to ask the presenting party
relevant questions.
h The Committee Members will have the opportunity to ask the presenting party
relevant questions
i The Chair will invite the applicant, or the party who has initiated the hearing, to
briefly summarise their points if they wish.
j The Chair will invite the other interested parties to briefly summarise their
points if they wish.
k The Chair will ask the applicant, or the party who has initiated the hearing,
and all parties making representations, that they are satisfied that they have
said all they wish to.
l At the sole discretion of the Members, the Committee may decide to retire to
consider the representations/objections in private.
m The Committee will invite the parties to return to the meeting and the Chair
will invite Members to take a decision. 
NOTE: If during private deliberations, the Committee receive advice on a legal
submission from the Clerk which is contrary to the view of the party making
the submission or the Committee believe additional information would be
relevant, then these points should be raised with the parties, in public, prior to
any decision being made. 
DECISION 
A determination of the case will be made at the conclusion of the hearing
and all parties will be notified of the decision in writing within 7 days of
the hearing and shall be advised of his/her right to seek written reasons
and appeal to the Sheriff Court. 
If the decision of the Committee is to suspend, refuse or refuse to
suspend a licence, a relevant person has a right to request within 28 days
of the meeting, the Committee’s reasons for arriving at their decision.
Unless the circumstances of the case justify immediate suspension, the
suspension shall not take effect for 28 days from the date of the decision. 
Appeals against the decision of the Committee must be lodged with the
Sheriff Clerk within 28 days of the date of the decision.
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Appendix 3 – Mandatory licence conditions 
Agents
1. Only those named as a holder of the licence can carry out the day
to day management of the short-term let of the premises. 
Type of licence
2. The holder of the licence may only offer the type of short-term let for
which the licence has been granted. 
Fire safety
3. The holder of the licence must ensure the premises has satisfactory
equipment installed for detecting, and for giving warning of—
(a) fire or suspected fire, and
(b) the presence of carbon monoxide in a concentration that is
hazardous to health. 
4. The holder of the licence must keep records showing that all
upholstered furnishings and mattresses within the parts of the premises
which are for guest use, or to which the guests are otherwise permitted
to have access, comply with the Furniture and Furnishings (Fire Safety)
Regulations 1988 
Gas safety
5. Where the premises has a gas supply—
(a) the holder of the licence must arrange for an annual gas safety
inspection of all gas pipes, flues and appliances in the premises,
(b) if, after an annual inspection, any appliance does not meet the
required safety standard, the holder of the licence must not allow
a short-term let of the premises until the works necessary to bring
the appliance to the required safety standard have been carried
out. 
Electrical safety
6. Where there are electrical fittings or items within the parts of the
premises which are for guest use, or to which the guests are permitted
to have access, the holder of the licence must—
(a) ensure that any electrical fittings and items are in—
(i) a reasonable state of repair, and
(ii) proper and safe working order,
(b) arrange for an electrical safety inspection to be carried out by a
competent person at least every five years or more frequently if
directed by the competent person,
(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
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been inspected.
7. In determining who is competent, the holder of the licence must have
regard to guidance issued by the Scottish Ministers under section
19B(4) of the Housing (Scotland) Act 2006(2). 
Water safety: private water supplies
8. Where the premises are served by a private water supply, the licence
holder must comply with the requirements on the owners of private
dwellings set out in the Water Intended for Human Consumption
(Private Supplies) (Scotland) Regulations 2017.   
Water safety: legionella
9. The holder of the licence must assess the risk from exposure to
legionella within the premises, whether or not the premises are served
by a private water supply. 
Safety & repair standards
10. (1) The holder of the licence must take all reasonable steps to ensure
the premises are safe for residential use.
(2) Where the premises are subject to the requirements of Chapter 4 of
Part 1 of the Housing (Scotland) Act 2006, the holder of the licence
must ensure that the premises meet the repairing standard. 
Maximum Occupancy
11. The licence holder must ensure that the number of guests residing on
the premises does not exceed the number specified in the licence. 
Information to be displayed
12. The holder of the licence must make the following information available
within the premises in a place where it is accessible to all guests—
(a) a certified copy of the licence and the licence conditions, (b)fire,
gas and electrical safety information,
(c) details of how to summon the assistance of emergency services,
(d) a copy of the gas safety report,
(e) a copy of the Electrical Installation Condition Report, and
(f) a copy of the Portable Appliance Testing Report. 
Planning Permission
13. Where the premises is in a short-term let control area for the purposes of
section 26B of the Town and Country Planning (Scotland) Act 1997
(“the 1997 Act”), the holder of the licence must, where the use of the
premises for a short-term let requires planning permission under the
1997 Act, ensure that either—
(a) an application has been made for planning permission under the
1997 Act and has not yet been determined, or
(b) planning permission under the 1997 Act is in force. 
Listings
14. (1) The holder of the licence must ensure that any listing or advert
(whether electronic or otherwise) for the short-term let of the premises
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includes—
(a) the licence number, and
(b) a valid Energy Performance Certificate rating if an Energy
Performance Certificate is required for the premises, in
accordance with the Energy Performance of Buildings (Scotland)
Regulations 2008
(2) The holder of the licence must ensure that any listing or advert
(whether electronic or otherwise) for the short-term let of the premises
is consistent with the terms of the short-term let licence. 
Insurance
15. The holder of the licence must ensure that there is in place for the
premises—
(a) valid buildings insurance for the duration of the licence, and
(b) valid public liability insurance for the duration of each short-term
let agreement. 
Payment of fees
16. The holder of the licence must pay any fees due to the licensing
authority in respect of the licence on demand. 
False or misleading information
17. The holder of the licence must not provide any false or misleading
information to the licensing authority. 
18. Interpretation
In this schedule – 
"Electrical Installation Condition Report" means a report containing the
following information— 
(a) the date on which the inspection was carried out, 
(b) the address of the premises inspected, 
(c) the name, address and relevant qualifications of the person who
carried out the inspection, 
(d) a description, and the location, of each installation, fixture, fitting and
appliance inspected, 
(e) any defect identified, 
(f) any action taken to remedy a defect, 
"Energy Performance Certificate" means a certificate which complies with
regulation 6 of the Energy Performance of Buildings (Scotland)
Regulations 2008 , 
"gas safety report" means a report containing the following information—
(a) the date on which the appliance or flue was checked, 
(b) the address of the premises at which the appliance or flue is
installed, 
(c) a description of and the location of each appliance or flue checked, 
(d) any safety defect identified, 
(e) any remedial action taken, 
(f) confirmation that the check undertaken complies with the
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requirements of an examination of— 
(i)  the effectiveness of any flue, 
(ii)  the supply of combustion air, 
(iii)  subject to head 
(iv),  its operating pressure or heat input or, where
necessary, both, 
(iv)  if it is not reasonably practicable to examine its
operating pressure or heat input (or, where necessary,
both), its combustion performance, 
(v)  its operation so as to ensure its safe functioning, 
(g)  the name and signature of the individual carrying out the check,
and 
(h)  the registration number with which that individual, or that
individual's employer, is registered with a body approved by the
Health and Safety Executive for the purposes of regulation 3(3) of
the Gas Safety (Installation and Use) Regulations 1998, 
"holder of the licence" means any person to whom a short-term let licence
has been granted or jointly granted, 
"home letting" means a short-term let consisting of the entering into of an
agreement for the use, while the host is absent, of accommodation which
is, or is part of, the host's only or principal home, 
"home sharing" means a short-term let consisting of the entering into of an
agreement for the use, while the host is present, of accommodation
which is, or is part of, the host's only or principal home, 
"premises" means the accommodation which is the subject of an application
for a short-term licence or the subject of a short-term licence, 
"repairing standard" means the steps which the holder of the licence is
required to take to comply with the obligations placed on the holder by
Chapter 4 of Part 1 of the Housing (Scotland) Act 2006, 
"secondary letting" means a short-term let consisting of the entering into of
an agreement for the use of accommodation which is not, or is not part
of, the licence holder's only or principal home, 
"short-term let" has the same meaning as in article 3 of the Civic Government
(Scotland) Act 1982 (Licensing of Short-term Lets) Order 2022, 
"short-term let licence" means a licence for a short-term let, and 
"type of short-term let" means one of the following purposes— 
(a) secondary letting, 
(b) home letting, 
(c) home sharing, or 
(d) home letting and home sharing.
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Appendix 4 – Additional licence conditions 
1. Material Changes
(a) The licence holder shall notify the Council immediately of any
material change of circumstances affecting the licensed premises
or the licence holder (or any agent appointed by them to manage
part or all of the licensed activity), including details of any
criminal convictions incurred by such persons since the
granting or renewal of the licence 
2. Reporting of Certain Incidents
(a) The licence holder shall notify the Council, as soon as is
reasonably practicable, of the details of any incident affecting, or
within, the licensed premises which (a) has resulted in structural
damage to, or structural collapse within, the premises, or (b)
which has involved a gas leak, fire, or explosion necessitating the
call-out of the Emergency Services. 
3. Anti-Social Behaviour
(a) 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. 
(b) The licence holder must take reasonable steps to:
i. ensure that no disturbance or nuisance arises within or from
the premises, for example by explaining the house rules to
the guests;
ii. 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
iii. 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. 
(c) The licence holder shall notify the Council, as soon as is
reasonably practicable, of the details of any incident of anti-social
behaviour affecting or emanating from the premises which has
necessitated police involvement. 
4. Privacy and Security
(a) The licence holder must manage the premises in such a way as
to respect and protect the privacy and security of neighbours. 
(b) The licence holder must take all reasonable steps to ensure:
i. guests know and understand any particular rules applying to
shared areas and entrances;
ii. guests understand that shared doors should be properly and
securely closed after use; and
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iii. 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. 
5. Noise
(a) The licence holder must ensure that the bedrooms, living room
and hallway in the premises have a suitable floor covering in
order to minimise impact and airborne noise affecting any
properties below. (i.e. carpet or vinyl floor covering with quality
underlay)
(Condition may be applied following investigation of concerns
regarding noise and would be applied to properties located at 1st
floor and/or above where a residential property is located below.) 
(b) 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.
(Condition may be applied following investigations of concerns
regarding noise.) 
(c) 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.)
(Condition would only be applied to those properties located at
1st floor and/or above where a residential property is located
below, in close proximity to a neighbouring property or whether
there is a shared entrance/communal areas.) 
(d) The licence holder must take reasonable steps to ensure that
guests do not use the hot tub after 2200hrs
(Condition may be applied following investigation of concerns
regarding noise associated with hot tubs and where a hot tub is
positioned in close proximity or overlooked by neighbouring
property.) 
(e) The licence holder must take reasonable step to ensure that
guests do not play amplified music within the garden or external
areas after [23:00 hours] where it would impact neighbouring
residents.
(Condition may be applied following investigation of concerns
regarding noise associated with playing music in outdoor
areas.) 
6. Littering & Waste Disposal
(a) The licence holder shall ensure that adequate facilities, to the
satisfaction of the Council, are provided for the storage, recycling
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and disposal of all waste and shall take all reasonable steps to
ensure that all common areas of the premises and all common
external areas within the curtilage of the premises are kept in a
clean, tidy, and well-maintained condition to the satisfaction of
the Council. 
(b) The licence holder shall be responsible for advising residents of
the refuse collection day and for making arrangements for the
presentation of wheeled bins for collection at the
appropriate time and day. 
(c) The licence holder should:
i. clearly label bins as belonging to the premises
ii. ensure guests are made aware of how to correctly use the
bins provided for the premises
iii. provide bins/sacks
iv. take all reasonable steps to ensure that guests manage their
waste properly, including when they depart
v. take all reasonable steps to ensure guests are made aware
as to what items should not be disposed of by flushing down
the toilet.   
7. Preventing damage to property
(a) 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.  
(Condition may be applied following investigations of concerns
regarding use of affixed devices causing damage or nuisance.) 
8. Prohibition of LPG room-heaters and storage of inflammable
liquids etc.
(a) The licence holder shall not permit the use or storage on the
premises of LPG room-heaters or, unless in an external store
designed and approved for such storage, the storage of any
liquified petroleum gas (LPG) or any highly inflammable liquid,
gas, or substance. This condition shall not apply to small amounts
of liquids or gas sold in small non- refillable retail packs (e.g.
lighter fuel or cosmetic appliance cartridges) kept by guests for
their own use. Nor shall it apply to the external storage of LPG in
cylinders or tanks which are provided by the licence holder for the
provision of gas for cooking or for water or space heating or other
domestic use, provided the storage complies fully with LPGA
Codes of Practice and Building Regulation Technical Standards
and that any installation connected to such cylinders or tanks
complies with The Gas Safety (Installation and Use) Regulations
1998 or any amendment thereto, 
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9. Maintenance of property
(a) Where there is a solid fuel appliance within the premises (i.e.
wood burning stove), the holder of the licence shall ensure: -
i. the chimney/flue associated with the appliance is
inspected and cleaned annually by a suitably competent
person.
ii. a record of the annual inspection and cleaning of the flue
is able to be produced, on request by the Council 
(b) Where there is a hot tub provided at the premises, the holder
of the licence shall ensure: -
i. that it is suitably located and maintained so as to ensure it
can be safely operated and used by guests;
ii. that suitable and sufficient cleaning and disinfection
procedures are in place;
iii. that guests are provided with clear instructions on its safe
use and any restrictions on its use;
iv. that it is kept securely covered when not in use. 
10. Requirement to produce on demand any policy, certificate etc.
(a) The licence holder shall require to produce on demand to any
authorised person any policy, certificate, document, record,
certificate of inspection or safety, licence or plan required by or
issued in terms pursuant to any condition of this licence. 
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