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Item 3 - Licensing of Short-term Lets - Review of Temporary Exemptions Policy

West Dunbartonshire Council · 24 September 2025
Back to Licensing Committee — 24 September 2025 and its agenda

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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.

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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

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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.

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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

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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.