Question reference: S6W-08303
- Asked by: Fergus Ewing, MSP for Inverness and Nairn, Scottish National Party
- Date lodged: 29 April 2022
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Current status: Answered by Shona Robison on 12 May 2022
Question
To ask the Scottish Government whether there is a requirement for local authorities to conduct a statutory consultation in relation to adopting further discretionary powers and conditions under its short-term let licensing scheme.
Answer
The Civic Government (Scotland) Act 1982 (Licensing of Short-term Lets) Order 2022 requires licensing authorities to consult with such persons as they consider appropriate in preparing and reviewing their temporary exemptions policy statement. This is a discretionary power to exempt premises from the requirement to have a short-term let licence for a specific period.
The Licensing Order also provides licensing authorities with powers to include additional licence conditions. We expect licensing authorities to include additional conditions on the licence documentation provided to the host or operator; and to publish their additional conditions on their website, together with the criteria and circumstances they will use to determine when these apply.
While there is no requirement to consult on additional licence conditions, licensing authorities may choose to do so as they consider appropriate. It is our understanding that a number of licensing authorities are planning to consult, or have already undertaken consultation, about their policies for short-term let licensing.