A Practical Guide to the Short-Term Lets Licensing Scheme in Scotland

Drawing on over a decade of experience advising on civic licensing in Scotland, and specifically advising clients over the last two years in relation to the new short-term lets licensing scheme, this practical guide looks at the historical context leading to the new licensing scheme, what it means to have a short-term let licence, how to apply for a licence, the interaction between planning law and licensing law, what the regulatory implications of holding a licence are, and what alternative options there might be if you only want to licence a short-term let for a brief (temporary) period of time.This practical guide brings together in one place the relevant provisions of the Civic Government (Scotland) Act 1982, Civic Government (Scotland) Act 1982 (Licensing of Short-term Lets) Order 2022, non-statutory guidance, and other relevant information so as to be a helpful aide for operators, applicants, practitioners and licensing officers alike. It provides a timeline as to how the Scottish Government reached the stage of requiring short-term lets to be licensed, while also drawing on examples to consider complex issues Kevin has already seen arise as operators and hosts grapple with the new statutory regime.ABOUT THE AUTHORKevin Clancy is a partner and solicitor-advocate at Shepherd and Wedderburn. For over a decade, he has advised and represented clients at Licensing Boards and Licensing Committees throughout Scotland.A trusted adviser to his clients, Kevin has experience of dealing with routine and contentious hearings in relation to liquor licences, taxi and private hire licences, public entertainment licences, houses in multiple occupation licences, and late hours catering licences.For the past two years Kevin has been advising clients regarding the consultation, legislation, and implementation stages of the new Short-term Lets Licensing Scheme.CONTENTSChapter One - Historical ContextChapter Two - Short-Term Lets: Basic PrinciplesChapter Three - Rules of the Game for Making an ApplicationChapter Four - The Interaction Between Planning Law and Licensing LawChapter Five - The Mandatory Conditions (And Additional Conditions)Chapter Six - Can I Let Out Short-Term Properties on a Temporary Basis?Chapter Seven - The Application ProcessChapter Eight - ComplianceChapter Nine - Looking to the Future