Democracy Spraffa

11 - Visitor Levy Consultation

North Ayrshire Council · 29 August 2023
Back to Cabinet — 29 August 2023 and its agenda

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NORTH AYRSHIRE COUNCIL 
29 August 2023 
Cabinet 
Title:    Visitor Levy Consultation 
Purpose:  To seek Cabinet approval to respond to active consultations on
the Visitor Levy (Scotland) Bill; and set out working
arrangements for exploration of the potential benefit and impact
of a visitor levy. 
Recommendation:  It is recommended that Cabinet: 
a) Approves responding to consultations on the Visitor Levy
(Scotland) Bill in support of the introduction of a levy, subject to
further exploration of costs and benefits.
b) Notes the formation of an internal Visitor Levy Officer Working
Group which will engage with the Tourism Forum, businesses and
regional stakeholders to inform any future emerging proposals
related to the implementation of a visitor levy. 
1. Executive Summary 
1.1 The Visitor Levy (Scotland) Bill has been introduced to the Scottish Parliament. Under
the proposals within the Bill, the implementation of a visitor levy would be optional for
each local authority, but, if implemented, would allow councils to collect a levy on
overnight stays by visitors. 
1.2 The levy scheme has the potential to deliver additional income to North Ayrshire
Council to support services used by visitors. However, there are costs associated with
setting up and operating a visitor levy scheme and these need to be evaluated against
potential scheme income to inform any decision to implement a visitor levy within
North Ayrshire. 
1.3 This report sets out the background to the current consultation and required next steps
to assess the viability of introduction of a visitor levy and provides a basis for
responding to consultations on the current Bill. 
2. Background 
Visitor Levy Bill 
2.1 On 24th May 2023 the Scottish Government introduced the Visitor Levy (Scotland) Bill. 
This will give local authorities in Scotland a discretionary power to apply a levy to the

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accommodation portion of overnight visitor stays in all or part of their area, to help
fund relevant local activities and services.  The Scottish Government has indicated
that the levy will give councils 'additional fiscal flexibility' and states that the levy
should be used to ‘facilitate achievement of objectives that relate to developing,
supporting or sustaining facilities or services which are substantially for or used by
those visiting the scheme area for leisure purposes’.  Local authorities intending to
introduce a levy are required to conduct a series of consultations and give 18 months
notice prior to implementation.  This means that the earliest a levy could be introduced
in Scotland is 2026. 
2.2 The levy will be a percentage of the accommodation portion of an overnight stay and
applies to most types of accommodation, including hotels, hostels, guest houses,
camping sites, caravan parks and boat moorings. The percentage rate will be set by
each local authority, with no cap on the level, however existing schemes elsewhere
typically apply a levy of between 1% and 7%. The levy can vary by location or date but
not by accommodation type. 
2.3 There is no Scottish Government financial support to set up a scheme; and each local
authority will need to meet the set-up and recurring costs of running a scheme. The
Scottish Government estimates costs of £110,000-£480,000 for set up, with recurring
annual costs of between £190,000-£500,000 per local authority.  Not all local
authorities will have sufficient visitor spend on accommodation for a scheme to be
cost-effective, and careful consideration needs to be given by each local authority to
the viability of a scheme in their area.  The identified new costs are consultation and
decision-making costs, including establishing a governance model, set-up costs and
ongoing admin costs, including monitoring, enforcement and communications. Those
costs need to be weighed against the potential income a levy might generate. 
2.4 Accommodation providers will also have costs associated with the introduction of a
levy, in terms of setup and administration, which could include changes to systems,
staff training, preparing returns to local authorities, additional record-keeping and
explanation of the scheme to visitors. 
2.5 Potentially many local authorities in Scotland will set up schemes, with much
duplication of cost and effort, however, the Bill creates provision for two or more local
authorities to act jointly to create a scheme. This creates provision to work regionally
within Ayrshire to explore operational and financial benefits that may arise from a
regional approach, if appropriate and beneficial.   
Visitor Levy Bill Consultation 
2.6 Following the introduction of the Bill there is now a further round of consultations by
the Scottish Government and SLAED, closing on 1st and 15th September, seeking
views on the proposals in the Bill, and on the implications for local authorities and
businesses. 
2.7 In previous consultations, North Ayrshire Council has agreed to support taxation
powers being given to Local Authorities, which included the visitor levy, and
responded to Scottish Government consultations and it is proposed to maintain in
principle support to the Bill through the current consultation, subject to exploration of
financial and operational arrangements.

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2.8 The Bill consultation seeks responses to the consultation in a questionnaire format,
and the proposed Council response is attached as Appendix 1. In completing the
questionnaire, engagement with the Tourism Forum, an Elected Member Briefing
session and engagement with officers at East and South Ayrshire Councils has taken
place to incorporate views of members and to provide consistency of approach across
Ayrshire, where appropriate. 
2.9 The response to the Bill will also inform responses to ongoing consultations on the
visitor levy by SLAED and the Government Finance Committee. 
Next Steps 
2.10 As it is not possible to undertake detailed assessment of the viability of a visitor levy
scheme in advance of responding to the Visitor Levy Bill consultation, essential work
needs to be done to explore the options for a delivery model, assess the opportunities,
and undertake detailed analysis of potential costs and financial benefit of a scheme
based on suitable information. Accordingly, a short-life officer working group will be
formed with council officers from relevant services to explore the financial and
operational implications of the Visitor Levy to be able to recommend future proposals
related to the implementation of a visitor levy. It is anticipated that this process will
include engagement with the Tourism Forum and industry stakeholders. It is also
anticipated that working arrangements will include engaging with East and South
Ayrshire councils to clarify any regional implications or opportunities within the process
of identifying options for the implementation of a visitor levy scheme. 
3. Proposals 
3.1 It is recommended that Cabinet: 
a) Approves responding to consultation on the Visitor Levy (Scotland) Bill in
support of the introduction of a levy, subject to further exploration of costs and
benefits.
b) Notes the formation of an internal Visitor Levy Officer Working Group which will
engage with the Tourism Forum, businesses and regional stakeholders to
inform any future emerging proposals related to the implementation of a visitor
levy. 
4. Implications/Socio-economic Duty 
Financial 
4.1 There are no financial implications from responding to consultations, creating an
internal working group and engaging with our colleagues in neighbouring local
authorities.  A future paper will be brought to Cabinet outlining the findings of the
working groups.

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Human Resources 
4.2 Responding to consultations and taking part in working groups will be coordinated
within existing staff resource. 
Legal 
4.3 None 
Equality/Socio-economic 
4.4 None 
Climate Change and Carbon 
4.5 None 
Key Priorities 
4.6 This proposal is linked to the priority outcome contained in the Council Plan for North
Ayrshire to have vibrant, welcoming and attractive places. 
Community Wealth Building 
4.7 None 
5. Consultation 
5.1 Consultation has taken place with the member/officer Tourism Forum and feedback
from members has been reflected in the draft response to the Visitor Levy Bill
consultation. 
RUSSELL McCUTCHEON
Executive Director (Place) 
For further information please contact Neale McIlvanney, Interim Head of Service,
Growth, Investment and Employability, on nealemcilvanney@north-ayrshire.gov.uk. 
Background Papers
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SLAED Response to Visitor Levy (Scotland) Bill Consultation 
1. What are your views on whether local authorities should have a power to place a
levy (a type of additional charge or fee) on top of the price charged for overnight
accommodation in their area? 
In principle North Ayrshire Council is in favour of local authorities having this
discretionary power, however the means of calculation and guidelines on scheme
design, set-up and implementation need further consideration. 
2. Given that the Bill is likely to result in different councils introducing a visitor levy
in different ways or not doing so at all, what impact do you think the Bill will
have in your area and across different parts of Scotland? For example, this
could include any impact (positive or negative) on local authority finances, local
accountability and flexibility, businesses, or on numbers of overnight visitors. 
• Local authorities will have to meet front-end costs in the two years prior to
the introduction of the scheme. This leaves them financially exposed and
means that once the scheme is operating it may be some time before the
costs are repaid and the scheme delivers useable proceeds.
• Businesses equidistant from a visitor attraction may fall either side of a local
authority boundary, with different/no levies, making one more attractive
to/cost effective for a visitor.
• Local authorities with a large number of accommodation providers will
potentially have a large financial boost to their visitor facilities and services,
making them more attractive and widening the gap between those in honey-
spot areas and those in more disadvantaged areas, which are the areas
that could potentially benefit most from investment in tourism.
• Accommodation providers considering location of their business or setting
up an additional business may decide to locate outwith a levy area.
• Local authorities may be under pressure to ringfence levy spend in the area
in which the levy is raised. E.g. in North Ayrshire, almost half of our visitor
accommodation is on Arran. 
3. Do you agree with the Bill’s definitions of a “chargeable transaction” and of
“overnight accommodation”? If not, what definitions do you think would be
better? 
The definition of a chargeable transaction is too open to abuse. An
accommodation provider could essentially offer a ‘free’ bed and present an
overnight charge which they can attribute to breakfast, parking, servicing,
marketing, etc. This could prove very difficult to manage and take up local authority
time and resources, reducing potential scheme income.

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4. What are your views on the Bill’s proposal to allow councils to set the levy as a
percentage of the chargeable transaction? Are there any other arrangements
that you think might be better? If so, please give examples and a short
description of the reasons why. 
Unless the levy is a percentage of the overall transaction it is open to abuse.
Accommodation providers could claim that most of the cost of the stay is non-
chargeable. A flat percentage on the whole transaction or a flat £ charge is more
transparent and more manageable. However, while a flat £ charge is more
manageable it would have to be tiered so those who provide lower cost
accommodation (e.g. campsites) were not disproportionately affected. 
5. What are your views on the absence of an upper limit to the percentage rate
(which would be for councils to decide) and that it could be different for different
purposes or different areas within the local authority area, but not for different
types of accommodation? 
The Bill should contain an absolute upper limit to the percentage rate. It would be
more flexible if it could be varied for different types of accommodation, particularly
if a local authority is trying to encourage growth of certain types of accommodation
providers within its area, perhaps to bring a wider offering to appeal to more types
of visitors. 
6. The Bill would allow councils to apply local exemptions and rebates to some
types of guests if they choose to. It also allows the Scottish Government to set
exemptions and rebates on a national basis where it considers it appropriate.
What are your views on the Bill’s proposals in relation to exemptions and
rebates? 
While exemptions and rebates would make the scheme fairer (e.g. islanders
staying in accommodation on the mainland due to a hospital appointment), the
practicalities of managing exemptions could be challenging for the accommodation
providers. For instance, would they have to ask all of their guests why they are
staying there? It seems like an invasion of privacy. It also means the scheme is
open to potential abuse by visitors claiming their stay is for an exempt purpose, so
there would need to be a level of ‘proof’ of exempt purposes, which again
increases the administrative burden for all parties. 
7. Do you agree with the Bill’s requirements around the introduction and
administration of a visitor levy scheme, including those relating to consultation,

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content, and publicity (Sections 11 to 15)? Are there any other requirements you
think should be met before any introduction of the levy in a given area? 
8. What are your views on the Bill’s requirements for local authorities in respect of
records keeping, reporting, and reviewing? (Sections 16, 18 and 19) 
There will be a huge duplication of work across local authorities as they each
establish systems to set up and then manage the scheme. This is an unnecessary
front-end cost. A centrally designed scheme with suitable software and systems
which could then be purchased/adopted by individual local authorities would be
more cost-effective. 
9. The Bill requires that net proceeds of the scheme should only be used to
“achieve the scheme’s objectives” and for “developing, supporting, and
sustaining facilities and services which are substantially for or used by persons
visiting the area of the local authority for leisure purposes.” Do you agree with
how the Bill proposes net proceeds should be used and if not, how do you think
net proceeds should be used?
The Bill needs to allow flexibility about how the net proceeds should be used
locally to reflect local circumstances. While the statement above does capture the
spirit of the intention of the Bill, there should be acknowledgement of local
circumstances informing what the net proceeds can be used for. 
10. What are your views on the Bill’s requirements for accommodation providers to
identify the chargeable part of their overnight rates, keep records, make returns,
and make payments to relevant local authorities? Are there any other
arrangements that you think would be better, for example, by reducing any
“administrative burden” for accommodation providers? 
• Unless the levy is a percentage of the overall transaction it is open to
abuse. Accommodation providers could claim that most of the cost of the
stay is non-chargeable. A flat percentage on the whole transaction or a flat £
charge is more transparent and more manageable for the providers.
However, while a flat £ charge is more manageable it would have to be
tiered so the lowest cost providers and those who provide accommodation
to arguably the most disadvantaged visitors (e.g. campsites) were not
disproportionately affected.
• Where an accommodation provider operates businesses in more than one
local authority, they may have to manage reporting at different levy rates to
different local authorities. If they have a central booking system this
becomes even more complicated.

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• Accounting software used by many small businesses may not have the
flexibility to manage the levy and exemptions which could add to the cost
and complexity for the providers. 
11. Do you have any comments on Part 5 of the Bill (Enforcement and Penalties and
Appeals)? Are there any other arrangements that you think might be more
appropriate in ensuring compliance and reducing the risk of avoidance? 
Enforcement could potentially be a very expensive aspect of the scheme.  The
powers given to local authorities to enter premises and seize documents seem
very heavy-handed and there is potential for human rights/privacy issues with
enforcement, e.g. an individual offering bed and breakfast in their own home. 
12. Do you have any comments on the issues that the Scottish Government
proposes to deal with in regulations after the Bill has been passed? (Set out in
the Delegated Powers Memorandum) Are there any that you think should be
included in the Bill itself rather than being dealt with by regulations and if so,
why? 
13. Do you have any comments on the accuracy of the estimated costs for the
Scottish Government, local authorities, accommodation providers and others as
set out in the Financial Memorandum and Business and Regulatory Impact
Assessment (BRIA)?