Item 12 - Update and Review of Short-Term Let Licensing Policy
West Dunbartonshire Council · 19 February 2025
Back to Licensing Committee — 19 February 2025 and its agenda
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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.
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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of a Short-term Let licence. 108 applications were granted with the remaining applications either pending or being withdrawn or not considered due to the applicant’s failure to provide the necessary paperwork. 4.2 The review of the implementation of the Short-term Let licensing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