Document Pack - Special Licensing Committee - 24 September 2025
West Dunbartonshire Council · 24 September 2025
Back to Licensing Committee — 24 September 2025 and its agenda
Text extracted from the council's PDF. Layout and reading order may differ from the original.
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Agenda Special Meeting of the Licensing Committee Date: Wednesday, 24 September 2025 ___________________________________________________________________ Time: 12:00noon ___________________________________________________________________ Venue: Council Chambers, Clydebank Town Hall, Clydebank G81 1UB ___________________________________________________________________ Contact: Lynn Straker, Committee Officer Email: lynn.straker@west-dunbarton.gov.uk committee.admin@west-dunbarton.gov.uk Dear Member Please attend a Special Meeting of the Licensing Committee as detailed above. The business is shown on the attached agenda. Yours faithfully PETER HESSETT Chief Executive Page 1
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Distribution: Councillor Ian Dickson Councillor Fiona Hennebry Councillor Gurpreet Singh Johal (Vice Chair) 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: 19 September 2025 Page 2
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SPECIAL MEETING OF LICENSING COMMITTEE WEDNESDAY, 24 SEPTEMBER 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 LICENSING OF SHORT-TERM LETS - REVIEW OF 5 - 16 TEMPORARY EXEMPTIONS POLICY Submit report by the Chief Officer – Regulatory and Regeneration informing Members that a review of the Council’s policy regarding temporary exemptions for short-term lets has been carried out. ___________________________________________________________________ Page 3
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WEST DUNBARTONSHIRE COUNCIL Report by Chief Officer – Regulatory & Regeneration Licensing Committee – 24 September 2025 Subject: Licensing of Short-term Lets: Review of Temporary Exemptions Policy 1 Purpose 1.1 To inform Members that a review of the Council’s policy regarding temporary exemptions for short-term lets has been carried out. 2 Recommendations 2.1 It is recommended that Members: a) note the statutory requirement to review the Council’s policy on temporary exemptions for short-term lets at this time; b) note the responses received further to the Licensing Service’s review; and c) approve the terms of the updated policy on temporary exemptions as set out at Appendix 1 to this report. 3 Background 3.1 The Civic Government (Scotland) Act 1982 (Licensing of Short-term Lets) Order 2022 (the 2022 Order) requires the Council to licence short- term lets. When establishing this licensing regime the Licensing Committee, as required by the 2022 Order, agreed the terms of a policy regarding the use of temporary exemptions. 3.2 Temporary exemptions allow, on an application being made, an exemption from the requirement for a short-term let licence for a specified property or properties. This means that a property may operate as a short-term let without having to comply with the terms and conditions of a licence. The terms of the current policy are set out at Appendix 2 to this report. 3.3 Members will be aware that there is a short-term lets policy that deals with a range of matters. The policy on temporary exemptions sits within that wider policy. This report deals only with the temporary exemptions policy and not the wider policy. 3.4 As of the date on which this report was written, no requests for a temporary exemption have been received. Item 3 Page 5
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4 Main issues 4.1 The 2022 Order requires that the Council’s policy on temporary exemptions be kept under review with the revised policy being published every three years. 4.2 When reviewing this policy, the Licensing Service has consulted with: • the Council’s Building Standards service; • the Council’s Environmental Health service; • the Council’s Planning service; • the Scottish Fire and Rescue Service; • Police Scotland; and • the holders of short-term let licences. 4.3 The Building Standards service advised that it “would have concerns particularly if non-domestic properties that had not been assessed as suitable for sleeping accommodation were to be used in this way. The main concern would be matters relating to fire (escape, travel distances, early warning, lighting etc) and suitable provision (showers or similar). Non-domestic applications are assessed depending upon their final use, whilst domestic applications are assessed depending upon their final use, they are always assessed as though people are living and sleeping in them.” 4.4 The Scottish Fire and Rescue Service wrote that “[t]he decision to grant a licence does of course lie entirely with the council. However whether a licence is granted or exempted, [the Scottish Fire and Rescue Service’s] stance is that it is still a relevant premises and would fall under all the appropriate benchmark standards. By not having a licence, it would probably engage the need for a written FRAi unless the undertaking hits any of the other triggers for written FRA requirement.” 4.5 Two responses were received from holders of short-term let licences in West Dunbartonshire. Copies of these comments are at Appendix 3. In summary one response recognised the importance of making sure that there is sufficient provision of short-term lets, however, noted that making sure that the operator had experience was an advantage and the other submitted that an exemption is not really an exemption if it has conditions. The question of conditions is considered at paragraph 4.8 of this Report. 4.6 Environmental Health, Planning, and Police Scotland had no comment. 4.7 The 2022 Order requires that a policy on temporary exemptions must set out the fee to be charged for a temporary exemption application and the time period within which the Council will reach a final decision on such an application. The statutory guidance encourages licensing Page 6
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authorities to include various matters in the policy including: the likely conditions to be attached, the grounds for granting or refusing an application for an exemption, and information about how a decision can be appealed. 4.8 When considering the terms of the policy on temporary exemptions, members of the Licensing Committee should have to the forefront of their mind that the purpose of licensing short-term lets is “…the preservation of public order and safety and the prevention crime…” (see the long title of the Civic Government (Scotland) Act 1982. Furthermore, the response received from Building Standards underlines the importance of non-domestic properties being assessed. It is, therefore, the view of the Chief Officer of Regulatory and Regeneration that it is important that the presumption is that properties used as short-term lets are licensed. Where a temporary exemption is granted (only in the particular circumstances outlined in the policy, i.e. in relation to national events within West Dunbartonshire) then it should be subject to the same conditions as a licensed short-term let so to make sure that the premises meet the same standards as licensed short-term lets. 4.9 Given that an application for a temporary exemption will be circulated to Police Scotland and Scottish Fire and Rescue Service for comment, may have conditions attached, and may require to be determined by the Council’s Licensing Committee, the cost of the application will be 50% of the full fee. This is in keeping with the Council’s established fee structure. 4.10 The central thrust of the policy remains unchanged, however, so to satisfy updated statutory guidance it is proposed that the existing policy on temporary exemptions is amended as narrated within the undernoted table. Paragraph Change Rational 9.2 Reference to mandatory and additional licence conditions being attached to any temporary exemption. To make sure that any property used for a short-term let is safe. 9.3 Application fee added. Makes sure that potential applicants are aware of cost. 9.4 Details of likely processing time added. Manages the expectations of potential applicants. 9.5 Provides details of how an unsuccessful applicant may challenge the refusal of a temporary exemption. Provides information to unsuccessful applicants about their next steps if dissatisfied with the decision of the Licensing Committee. Page 7
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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 The licensing regime should operate on a cost neutral basis. By setting an application fee that is in keeping with the existing fee structure makes sure that the costs incurred by the Council are recovered and that Council tax and rate payers do not subsidise the licensing regime. 8 Equalities Impact Assessment (EIA) 8.1 Screening 1068: Screened as not being relevant. This is a refresh of an existing policy as required by statue. There is no significant change to the terms of the policy on temporary exemptions. 9 Consultation 9.1 When consulting on the terms of its policy on temporary exemptions, the 2022 Order allows a licensing authority to consult with such persons as they consider appropriate. 9.2 The Licensing Service, having regard to the particular circumstances of temporary exemptions in West Dunbartonshire, consulted with key stakeholders and the outcome of this consultation is detailed at paragraphs 4.3 to 4.6. 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 1 September 2025 Person to contact: Michael McDougall Manager of Legal Services michael.mcdougall@west-dunbarton.gov.uk Appendices: Appendix 1: Proposed policy on temporary exemptions Page 8
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Appendix 2: Existing policy on temporary exemptions Appendix 3: Consultation responses from licence holders Background papers: West Dunbartonshire Council’s short-term Let policy Statutory guidance on the licensing of short-term lets Wards affected: All i Fire Risk Assessment. Page 9
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Appendix 1 – Proposed policy on temporary exemptions 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, it is the policy of the Committee that, subject to paragraph 9.2, 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 grant temporary exemptions for national events within West Dunbartonshire. Where the Licensing Authority grants a temporary exemption in these particular circumstances then that temporary exemption will be subject to the mandatory conditions listed at Appendix 3 and the additional licence conditions at Appendix 4 9.3 The fee for a temporary exemption will be set at 50% of the cost of the full fee for the grant of a short-term let licence. 9.4 The Licensing Authority will aim to process an application for a temporary exemption within 12 weeks, however, that will be dependent on the resources of the Licensing Service and the time taken by Police Scotland and the Scottish Fire and Rescue Service to respond to any consultation. 9.5 Where an application for a temporary exemption is refused, the applicant is entitled to seek written reasons and to appeal to the Sheriff Court. 9.6 The Licensing Authority is aware of the statutory requirement to keep its temporary exemption policy under review and to publish it every three years. Item 3 Appendix 1 Page 11
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Appendix 2 – Current policy on temporary exemptions 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. Item 3 Appendix 2 Page 13
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Appendix 3 Responses from licence holders Response one Thanks for your email. Here’s my perspective: I believe it’s important to ensure there is sufficient short-term let (STL) accommodation available for guests during peak periods. The temporary licensing scheme is a positive step in this regard. However, it might be beneficial to require that operators have some prior experience—ideally, at least one year of managing short-term lets themselves. This doesn’t necessarily mean using a management company but having direct operational experience. Kind regards, Response two Dear Michael, With respect, I think that a consultation on further legislation is a bit farcical when the current legislation for STL is not fit for purpose. Furthermore, The DAB Valuation Board computer (which implements a large part of this system, the Council Tax/NDR values) system has been 'migrating' for the last 7 months - instead of thinking up how more red tape can be weaponised to punish the people of this district who seem to be trying their best, whilst being shut down at every opportunity, maybe it would be best to turn your attentions to getting your 'house in order' so that the current system the Scottish Government are trying to implement actually does what it is supposed to. As for your original question, an exemption should be just that, if it comes with conditions, then it isn't really an exemption. Yours Sincerely, Response from Building Standards The Building Standards service advised that it “would have concerns particularly if non-domestic properties that had not been assessed as suitable for sleeping accommodation were to be used in this way. The main concern would be matters relating to fire (escape, travel distances, early warning, lighting etc) and suitable provision (showers or similar). Non-domestic applications are assessed depending upon their final use, whilst domestic applications are assessed depending upon their Item 3 Appendix 3 Page 15
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final use, they are always assessed as though people are living and sleeping in them.” Response from Fire and Rescue Scotland The Scottish Fire and Rescue Service wrote that “[t]he decision to grant a licence does of course lie entirely with the council. However whether a licence is granted or exempted, [the Scottish Fire and Rescue Service’s] stance is that it is still a relevant premises and would fall under all the appropriate benchmark standards. By not having a licence, it would probably engage the need for a written FRA unless the undertaking hits any of the other triggers for written FRA requirement.” Page 16