Question reference: S6W-19106
- Asked by: Miles Briggs, MSP for Lothian, Scottish Conservative and Unionist Party
- Date lodged: 15 June 2023
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Current status: Answered by Paul McLennan on 29 June 2023
Question
To ask the Scottish Government, in light of Lord Braid's opinion on the judicial review of the City of Edinburgh Council's short-term lets licensing policy, whether it plans to (a) repeal the Civic Government (Scotland) Act 1982 (Licensing of Short-term Lets) Order 2022 and Civic Government (Scotland) Act 1982 (Licensing of Short-term Lets) (Amendment) Order 2023 and (b) instruct local authorities to reimburse any short-term let operators that have applied for a licence, whether it was granted or not.
Answer
Since October 2022 local licensing schemes have been operational in Scotland, and licensing authorities continue to accept and process applications, and issue licences.
In terms of the judicial review (JR), this was a challenge specific to aspects of the City of Edinburgh Council’s short-term let licensing policy and not the overall licensing scheme. While the Judge found in favour of some of the petitioners’ grounds for challenge, these relate to the Council’s application of the legislation and not the legislation itself. It remains our view that licensing of short-term lets can be operated effectively by councils so as to respect the rights of hosts and guests in short-term let accommodation. There is therefore no need to repeal the legislation for Short Terms Lets Licensing or for licensing authorities to reimburse application fees.
I understand the City of Edinburgh Council is considering the JR decision and its legal options. As I mentioned above, the JR challenge was specific to certain aspects of the Council’s policy, however, the JR decision does not stop the Council from operating its wider licensing scheme; the Council continues to operate this and applications are still being received and processed. The Council has advised us that it will update its website and information for applicants, regarding the JR decision, to ensure there is clarity for hosts who have applied, or need to apply, for a short-term let licence. Additionally, our Scottish Government short-term let licensing guidance documents are being updated and will be published shortly.
In early 2024 we will provide a more formal, detailed but still relatively preliminary update on licensing implementation. We are currently engaging with stakeholders to gain their views on how we do this to inform the scope and handling. I will keep Parliament informed and provide further detail once we’ve concluded discussions and made a decision about the format of next year’s update, as well as the frequency and format of future implementation updates. In the meantime, we remain committed to engaging with stakeholders about the implementation of licensing and continue to be responsive about concerns.