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Argyll and Bute Council Visitor Levy

Argyll and Bute Council · 15 August 2024
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ARGYLL AND BUTE COUNCIL  COUNCIL 
DEVELOPMENT & ECONOMIC GROWTH  15TH AUGUST 2024 
ARGYLL AND BUTE COUNCIL VISITOR LEVY 
1.0 INTRODUCTION 
1.1 The purpose of this paper is to provide elected members with an update on the
progress of the Visitor Levy (Scotland) Bill, the key implications of the Bill as it
now stands and the next steps the Council needs to take to implement the levy,
assuming the Council takes the formal decision to introduce one. 
1.2 The main premise of the Bill is to allow local authorities to introduce a visitor
levy scheme as follows: 
• the payment of a levy on the purchase of overnight stays in certain types
of accommodation (see Appendix A);
• the amount of the levy will be a percentage (set by each participating local
authority) of the cost of the accommodation; and
• the person liable to pay the levy is the person who provides the
accommodation. 
1.3 A key issue will be the need for the Council to declare it is intending to
introduce a levy and the need for the Council to undertake a public
consultation. It should be noted that Stage 3 of the Bill confirmed that the
Council will not be able to introduce a levy until early autumn 2026 at the
earliest, given the required 18-month lead-in time for levy implementation
following confirmation by the Council that it intends to introduce a visitor levy
coupled with the publication of the consultation report. 
1.4 To take the work forward, it is proposed that a Visitor Levy Short Life Working
Group (VLSLWG) is established as set out in this report. An Officers’ Working
Group will be established to work up a Visitor Levy proposal (to include staff
from Economic Growth, Finance, Revenues and Benefits and ICT) and the
formal consultation process for discussion and direction at the VLSLWG. 
1.5 Each local authority has a statutory duty to establish a Visitor Levy Forum.
Forums must be established by local authorities no later than six months after
the date of the decision to introduce a visitor levy scheme. The local authority
must maintain the Forum for the duration of the scheme and meets on a regular
basis. It is proposed that a Shadow Visitor Levy Forum is established in Argyll
and Bute to support with advisory input for the pre-consultation tasks as
detailed in Table 1 in the report.

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2.0 RECOMMENDATIONS 
2.1 Members are asked to: 
• Consider the content of this paper including the next steps the Council
needs to take summarised in Table 1 of this report. 
• Approve Argyll and Bute Council’s intention to introduce a Visitor Levy and
undertake a public consultation as noted in Table 1. 
• Approve the establishment of a Visitor Levy Short Life Working Group
(VLSLWG) with the terms of reference as set out at paragraph 3.8 hereof. 
• Agree the membership of the VLSLWG including the Chief Executive and
two Executive Directors who shall be supported by officers as appropriate. 
• Appoint a Chair and Vice Chair who shall be elected Members; 
• Approve the proposal to establish a Shadow Visitor Levy Forum at the local
level to provide advisory support for the pre-consultation work prior to the
establishment of the formal Visitor Levy Forum as outlined in Table 1. 
3.0 DETAIL 
3.1  The Bill has now progressed through Stage 3 (28th May 2024) and is awaiting
Royal Assent before becoming law. It is estimated Royal Assent will take place
approximately one to two months after Stage 3 and then a further period to
allow the Bill to be enabled as the Visitor Levy (Scotland) Act 2024. Given the
Scottish Parliament’s summer recess it is anticipated this will happen in
September 2024. A number of amendments to the Bill have now been made
and work is continuing to understand all the implications of these amendments. 
3.2 The Bill will also be accompanied by a guidance document that has been
prepared by an Expert Group, chaired by VisitScotland. It is imperative for all
local authorities to adhere to the operational aspects, including statutory
timelines and processes that will be outlined in the guidance, which is due to be
published in late August/early September 2024 (no date confirmed at time of
writing this report). 
3.3 In developing an outline for a visitor levy scheme, a local authority should draw
a clear link to the ambitions/objectives of its local tourism strategy. The Argyll
and Isles Strategic Tourism Partnership strategy (AISTP: an industry led
strategy) was developed with input from Argyll and Bute Council, Argyll and
Isles Tourism Co-operative, Highlands and Islands Enterprise and
VisitScotland. The latest strategy was published in March 2024 to address
tourism specific topics and is due to be refreshed over the autumn and winter
period of 2024 with a view to launching a new strategy in the spring of 2025
where it is anticipated there will be a continued focus on the current strategic
priorities:

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• Extending the season and spreading visitors across the destination,
• Reaching new audiences,
• Marine and coastal Tourism,
• Improving the offer, and
• The journey towards net zero. 
3.4 The date on which a visitor levy scheme is to come into force, or on which a
significant modification is to take effect, must be at least 18 months after the
date on which the local authority publishes its consultation report stating
that it intends to proceed with the original or modified proposal. At present, no
local authority will be able to start the collection of the levy prior to late
summer/early autumn 2026.   
3.5 There are many factors that require reference to the detailed guidance to
accompany the Act. Local authorities through Highlands and Islands Regional
Economic Partnership (HIREP) Visitor Levy Officer’s Working Group (chaired
by the Economic Growth Manager, Argyll and Bute Council) and other bodies
such as the Scottish Local Authorities Economic Development (SLAED)
Tourism Group, continue to work on the implications of the introduction of a
visitor levy and the best way on how to implement it. 
3.6 Some initial conservative estimates of the annual income to be realised from
the visitor levy based on Scottish Tourism Economic Activity Monitor (STEAM)
visitor accommodation spend data (only includes businesses that complete
STEAM returns) are as follows:
• 1% VL circa £1,877,782 of income per annum
• 2% VL circa £3,755,563 of income per annum
• 3% VL circa £5,633,345 of income per annum
• 4% VL circa £7,511,126 of income per annum. 
3.7 The Bill sets out a series of steps that a local authority must do before
introducing a visitor levy. It must: 
• Prepare and publicise:
➢ An outline of the proposed scheme;
➢ A statement about the cases and circumstances in which the levy is not
payable or can be reimbursed;
➢ A statement about the objectives of the proposal, including measuring
and reporting on these; and
➢ An assessment of the impacts of the proposed levy in the council area
(for Argyll and Bute consideration needs to be given to the impact on
island communities, costs of travel already high, compared with mainland
accommodation providers). 
• Consult tourism businesses and organisations. It must also consult with
community representatives and National Parks if it covers part or all of the
local authority area. 
• Prepare and publicise a report on the responses to the consultation, which

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also includes a statement on whether or not the Council wishes to proceed
with introducing or modifying a visitor levy. 
• Create a Visitor Levy Forum no later than six months after the date of its
decision to introduce a levy. The functions of the Visitor Levy Forum are:
➢ To advise and consult with the Council on any consultation from other
bodies with the Forum,
➢ To discuss any modifications to the scheme, and
➢ To consult, but not decide, on the use of the net proceeds of the visitor
levy. 
• The Visitor Levy Forum is to consist of a reasonable balance of members
and the Council may not form a majority of the Forum. 
3.8 Given the amount of preparatory work which will be required to develop
proposals and the timescales involved, particularly for consultation, a
mechanism needs to be put in place to move matters forward in a flexible and
agile manner which would facilitate the submission of a further report to the
Council in November this year. It is proposed that this should be done by
establishing a Short Life Working Group which is permissible in terms of the
Council’s Political Management Arrangements (Constitution, Part C, para 2.6). 
The Terms of Reference should include: 
The purpose of the VLSLWG to undertake the development of a draft Visitor
Levy Scheme, to include, among other things;
• clear objectives for that scheme;
• proposals for the use of the proceeds of that scheme; and
• a Consultation / Engagement Strategy and all while having regard to the
impact statements to be developed and provided by officers. 
The agreed membership of the VLSLWG complete with the roles and
responsibilities of each of the members, including the appointment of a Chair
and Vice Chair who shall be elected Members. 
An agreed series of VLSLWG meetings and reporting requirements as follows:
• report to Council in November 2024 on all matters encompassed within
the terms of reference.
• engage with officers, Visitor Levy Shadow Forum and others in regard to
findings from the Consultation / Engagement Strategy and submit a
further report with analysis / recommendations to Council in March 2025.

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3.9 Table 1 below outlines an indicative timeline for the establishment and
implementation of a visitor levy including the key Council meetings. (Please
note the timescale may change, subject to that to be presented in the
final guidance document to be published in late August/early September
2024). 
Table 1: Indicative Timeline of Visitor Levy (VL) Implementation Requirements 
Indicative
Timeline
Activity Statutory
Requirement
Pre-consultation work
Ongoing Councils to engage with stakeholders to determine
proposal (to take place across the development of a VL
Scheme).
√
July 2024 Establish an internal VL Officers’ Working Group (OWG) as
approved by ELT on 2nd July 2024. 
Aug 2024 Paper to a Special Council meeting on 15th August to
seek approval for the establishment of a VL Short Life
Working (VL SLWG) Group and a Shadow VL Forum. 
Aug/Sept
2024
Publication of finalised visitor levy guidance by VisitScotland. 
Aug to
Sep 2024
Objectives of visitor levy scheme (aligned to the AISTP
strategy) to be developed by VL OWG in liaison the VL
SLWG and Shadow VL Forum.
√
Sep to Oct
2024
Impact studies to be completed as required by VL OWG
working with the VL SLWG.
√
Oct 2024 Design of a Visitor Levy scheme proposed. 
Oct 2024 Plans for use of net proceeds of the scheme to be developed
(link to Use of Funds section of the VL guidance). 
Nov 2024 Agreement of VL scheme, consultation content and process
by Argyll and Bute Council at the full Council meeting on
21st November 2024. 
Formal Consultation 
Nov 2024 –
end Jan
2025
Public consultation on visitor levy proposal  √
Feb 2025 VL OWG analyse findings working with the VL SLWG and
input from the Shadow VL Forum, as appropriate. 
Mar 2025 Report to a Special Council meeting in March 2025. 
Governance Requirements
Mar/Apr
2025
Formal public announcement of decision to introduce a
visitor levy (include visitor levy start date in 2026).
√
Apr 2025 Scottish Ministers to be notified of decision to introduce
a visitor levy across Argyll and Bute.
√
Date in
Apr 2025
18-month minimum lead-in time begins. √
Apr 2025 Establish the formal Visitor Levy Forum (advisory
function) to be maintained for the duration of the
scheme (meet at least two times per calendar year).
√
Apr 25 –
Oct 2026
Lead-in time takes place. √
May 2025 Councils to advise businesses of their liability and prepared
administration of visitor levy scheme. 
Oct 2026 Visitor levy is collected from visitors who stay overnight
as described in month 18.
√

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3.10 A local authority operating the visitor levy must prepare annual reports that: 
• Detail the amount of money collected,
• How the proceeds have been used,
• The performance of the scheme in relation to the local authority’s original
statement of intent, and
• The report must be reviewed by the Visitor Levy Forum. 
3.11 Argyll and Bute Council (Revenues and Benefits Manager and colleagues)
along with the City of Edinburgh Council and The Highland Council, is working
closely with the Digital Office and Improvement Service on the requirement for
establishing a standard digital platform for a standard visitor levy collection
process across Scotland. The proposal is for these three early adopter local
authorities (possibly City of Glasgow too) to contribute to the build costs of circa
£557k which will be recouped from one-off payments made by other councils
that join later. It is anticipated that through discussions with COSLA, the
Scottish Government will be approached to provide a contribution to fund the
required digital platform. 
4.0 CONCLUSION 
4.1  Stage 3 of the Visitor Levy Bill has passed through the Scottish Parliament with
a number of amendments to the original Bill that officers are still examining to
determine any further implications for the Council. 
4.2 The Bill is awaiting Royal Assent and it is estimated that this will take place
approximately one to two months after Stage 3 and then a further period to
allow the Bill to be enabled as the Visitor Levy (Scotland) Act 2024. Given the
Scottish Parliament’s summer recess it is anticipated this will happen in
September 2024. 
4.3 The key statutory and non-statutory activities to be undertaken by the Council
and the proposed VLOWG, VLSLWG and Shadow VL Forum are outlined in
Table 1 of this report with indicative timelines. Further detailed Scottish
Government guidance (prepared by VisitScotland) is awaited on the process
and any amendments will be shared with the VLSLWG and Shadow VL Forum
in the first instance. 
4.4 Officers will continue to work with the likes of the Improvement Service, other
councils and HIREP to ensure the visitor levy is implemented as efficiently as
possible subject to Argyll and Bute Council approval. 
5.0 IMPLICATIONS 
5.1  Policy: the visitor levy will become law following Royal Assent of the Visitor
Levy (Scotland) Bill. Argyll and Bute Council will need to agree to implement a
visitor levy.

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5.2  Financial: as an early adopter, the Council will be required to make an initial
contribution to the build costs for the proposed digital platform, which will be
recouped. The implementation of the levy could generate a substantial yearly
income for Argyll and Bute Council subject to scrutiny from the Visitor Levy
Forum. Some initial conservative estimates of the annual income to be
realised from the levy range from circa £1.9m per annum for a 1% visitor levy to
£7.5m per annum if a 4% visitor levy on accommodation was introduced. 
5.3  Legal: all appropriate legal implications will be taken into consideration. 
5.4  HR: the VLSLWG once formed will be supported by officers and members of
the Shadow VL Forum. 
5.5  Fairer Scotland Duty: the Fairer Scotland Duty, Part 1 of the Equality Act 2010,
came into force in April 2018. The duty places a legal responsibility on
particular public bodies in Scotland, such as Argyll and Bute Council, to pay
due regard to (actively consider) how they can reduce inequalities of outcome,
caused by socio-economic disadvantage, when making strategic decisions and
how this has been implemented. 
5.5.1 Equalities: none. 
5.5.2 Socio-economic Duty: none. 
5.5.3 Islands; the same visitor levy scheme, with the same percentage rate charged
for overnight accommodation will cover the whole of Argyll and Bute, including
accommodation providers on the islands. It is anticipated that this nominal rate
will not disproportionately impact island accommodation providers any more
than those based on the mainland throughout the region. 
5.6  Climate Change: none. 
5.7  Risk: there is a risk that the Council does not implement the visitor levy process
in adherence to the Scottish Government timelines which could delay
implementation. 
5.8  Customer Service: there is a need to implement an efficient visitor levy process
that is transparent and easy to use by our customers.   
5.9 The Rights of the Child (UNCRC): none. 
Kirsty Flanagan, Executive Director responsible for Economic Growth 
Councillor Jim Lynch, Leader of Argyll and Bute Council 
1 August 2024

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For further information contact: 
Fergus Murray, Head of Development and Economic Growth
fergus.murray@argyll-bute.gov.uk 
Ishabel Bremner, Economic Growth Manager 
ishabel.bremner@argyll-bute.gov.uk 
APPENDICES 
Appendix A: Types of Accommodation

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APPENDIX A: TYPES OF ACCOMMODATION 
The types of accommodation included within in the scope of the legislation are as
follows:
• Hotels
• Hostels
• Guest houses
• Bed and breakfast accommodation
• Self-catering accommodation
• Camping sites
• Caravan parks
• Accommodation in a vehicle, or on board a vessel, which is permanently or
predominantly situated in one place.
• Any other place at which a room or area is offered by the occupier for
residential purposes otherwise than as a visitor’s only or usual place of
residence. 
The definition does not include local authority gypsy/traveller sites, registered social
landlord gypsy/traveller sites or accommodation in a vehicle, on board a vessel that
is undertaking a journey involving one or more overnight stops. 
Scottish Government Ministers may amend the Act to change the type of
accommodation covered, vary the description of the accommodation type, or remove
a type of accommodation. Before making any of these changes, Ministers must
consult: 
• Local authorities
• Representatives of communities, businesses engaged in tourism and tourist
organisations.
• Other persons they consider appropriate. 
Any changes proposed to accommodation types by Ministers would need to be
approved by the Scottish Parliament.