Short-term lets policy

The Short-Term Lets Policy becomes effective from 1 October 2022 and links to the LOIP:

• Outcome 1 - East Dunbartonshire has a sustainable and resilient economy with busy town and village centres, a growing business base and is an attractive place in which to visit and invest.
• Outcome 4 – East Dunbartonshire is a safe place in which to live, work and visit.
• Outcome 5 – Our people experience good physical and mental health and wellbeing with access to a quality built and natural environment in which to lead more healthy and active lifestyles.

The Council’s short-term lets policy focuses on ensuring that an efficient, effective and proportionate licensing scheme is in place, which is customised to the needs and circumstances of the Council’s local area and supports applicants who wish to obtain a short-term let licence. The policy outlines how the Council will administer applications, collect fees and monitor short term lets.

Detailed Procedures will guide officers through the processes involved.

The short-term lets policy describes how the Council will manage the licensing scheme of short-term lets throughout the council area, including setting out applicable fees, types of licence, refunds policy and complaints and enforcement procedures.

Copies of the policy, the Council’s procedures and a shorter summary including copies of the short-term lets application form and checklist can be requested by emailing STL@eastdunbarton.gov.uk and/or by calling 0300 123 4510.

The overall aim of the Policy is to ensure that the licensing scheme is:

• In line with the Scottish Government's overall policy aims for the licensing of short-term lets
• Efficient, effective and proportionate 
• Customised to the Council’s local policies along with the needs and circumstances of East Dunbartonshire.

The Policy will implement the policy aims through the following objectives:

• Ensuring that the licensing scheme is effective, efficient and proportionate
• Considering the Council’s Strategy to meet Best Value objectives
• Offering appropriate guidance and support to applicants using the licensing scheme
• Ensuring the Council has a good knowledge and understanding of the local area with regards to short-term lets
• Ensuring the safety of short-term lets through accommodation being offered minimising the risk to tenants and their families
• Ensuring that those living in properties adjacent to short-term lets benefit from improved safety, especially risk of fire
  ensuring that noise, nuisance or anti-social behaviour is tackled effectively
• Minimising the risk of crime in the local authority area
• Effectively monitoring the Policy and related procedures in line with the Scottish Social Housing Charter
• Ensuring consistency with other policies and strategies, namely the local development plan and planning policies.

The Civic Government (Scotland) Act 1982 (Licensing of short-term lets) Order 2022 (the “2022 Order”) was approved by the Scottish Parliament on 19 January 2022 and came into force on 1 March 2022.

The effect of the Order is that from 1 October 2022, the use of accommodation for a short-term let is an activity for which a licence is required under the Civic Government (Scotland) Act 1982 (the “1982 Act”).

On 1st March 2023, the Scottish Parliament agreed that all existing hosts (operators prior to 1st October 2022) were to be given an extension due to the cost-of-living rises. All existing hosts are required to be licensed by 1st October 2023.

A short-term let means the use of residential accommodation provided by a host in the course of business to a guest, where:

• The guest does not use the accommodation as their only or principal home
• The short-term let is entered into for commercial consideration
• The guest is not an immediate family member of the host, an owner or part-owner of the accommodation, or sharing the accommodation as part of an arrangement made, or approved by a school, college, or university
• The accommodation is not provided for the principal purpose of facilitating the provision of work or services by the guest to the host, or to another member of the host’s household
• The accommodation is not excluded accommodation
• The short-term let does not constitute an excluded tenancy.

The 2022 Order requires East Dunbartonshire Council to have a short-term let licensing scheme in place by 1 October 2022.

In preparing this policy, East Dunbartonshire Council has had due regard to the Supplementary Guidance for Licensing Authorities, Letting Agencies and Platforms issued by the Scottish Government. This is available on the Scottish Government website - Supplementary Guidance for Licensing Authorities, Letting Agencies and Platforms.

This policy should be read in conjunction with the 2022 Order and all relevant legislation, including but not limited to the 1982 Act, the Town and Country Planning (Short-term Let Control Areas) (Scotland) Regulations 2021, the Equality Act 2010, the Data Protection Act 2018 and the Antisocial Behaviour etc. (Scotland) Act 2004.

The Council has consulted widely on this policy prior to its introduction on 1 October 2022. The consultation took place from Monday 20 June 2022 to Monday 18 July 2022. In finalising the policy statement, appropriate weight has been given to the views of those who respond to the consultation.

Under the 2022 Order and related Guidance, Councils may grant temporary exemptions to the requirement to have a short-term let licence.

The Council does not intend to have a policy on temporary exemptions and would not be supportive of such applications.

Under the 2022 order and related guidance, Councils may decide to grant temporary licences.

It is not the Council’s intention to consider any applications for a temporary licence.

There are four types of licence for short-term let accommodation:

• Secondary letting
• Home letting
• Home sharing; or
• Home letting and home sharing.

Home sharing and home letting concern the use of the Host or Operator's only or principal home, whereas secondary letting makes use of a separate premise.

The Council may grant a licence for a period of up to three years, after which it requires to be renewed. Each licence will have a reference number and will confirm the expiry date. The duration applies from the date on which the licence comes into force.

Where an application is made to renew a licence, the licence will continue to have effect until such a time as a decision is made on the renewal. The Council intend to grant a renewal of a licence for a period of up to three years unless there are circumstances which justify a different time period.

The applicant must complete and return a copy of the short-term let application form along with the checklist, providing copies of all relevant evidence as well as documents to STL@eastdunbarton.gov.uk. Alternatively, applications can be made by post to:

Homelessness and Prevention Team
Kirkintilloch Community Hub
2-4 West High Street
Kirkintilloch
G66 1AD

The application form can be found in the appendices of this page.

Applicants are responsible for notifying residents and neighbours of their application for a new short-term lets licence, or their renewal of an existing short-term lets licence. Applicants are required to display a site notice clearly at, or near the premises, so that it can be conveniently read by the public, for a period of 21 days, beginning with the date on which the application was submitted to the Council.

A Notice must state:

• That an application has been made for a licence
• The main facts of the application
• That objections and representations in relation to the application can be made to the Council
• How to make objections or representations.

Applicants are required by the 1982 Act to provide a certificate of compliance to the Council as soon as possible after the 21 days has expired, confirming that they have displayed the site notice.

A template site notice and certificate of compliance can be found in the appendices below.

The Council must refuse an application for a short-term let licence if not satisfied that the applicant is a fit and proper person. The Council will carry out necessary checks to establish whether the applicant is a fit and proper person. This may include a visit to the premises, where required. The statutory consultees for this licensing scheme are Police Scotland and the Scottish Fire and Rescue Service.

The Council and Scottish Fire and Rescue Service may undertake an assessment of the maximum number of guests that can be accommodated safely.

The Council may also ask for plans to show the location of any steps, stairs, or lifts in the premises, as well as the extent and boundary of the building where relevant.

The Council aim to make a decision within 21 days from the end of the consultation period.

When a Licence has been granted, this will be recorded in the public register, which is available upon request.

The public register will include:

• Licence number
• Licence type
• Number of bedrooms in the premises
• Contact details for the applicant and/or agent of the premises
• The energy performance rating.

The Council will maintain the public register of licensed short-term lets and update as often as possible, with reviews being carried out on a quarterly basis.

Anyone can make an objection or representation to the Council, about an application for a short-term let licence. The objection or representation should be made during the 21 day consideration period following the application being submitted. Late objections may be considered in some circumstances where reasons are provided.

An objection or representation should be submitted in writing to STL@eastdunbarton.gov.uk Alternatively objections can be sent to:

Homelessness and Prevention Team
Kirkintilloch Community Hub
2-4 West High Street
Kirkintilloch
G66 1AD

The objection and representation should set out the objector’s name and address, specify the nature of the objection or representation and state the address or reference number of the short-term let licence application.

An objection may be related to, but is not limited to, the following areas:

• Whether the applicant is a fit and proper person
• The location, character, condition or type of accommodation
  whether the accommodation has relevant planning permission
  the possibility of undue public nuisance, public order or public safety
• Whether there is a risk of affecting the privacy and security of neighbours; or
• Whether there is other good reason for refusing the application.

The objection or representation cannot be treated confidentially. The Council will acknowledge the objection or representation and a copy will be sent to the applicant or their representative.

Once the application has been allocated to a meeting of the Housing Appeals Board, the Council will send the objector a citation letter inviting them to attend the meeting to speak to the objection or representation. At the hearing, the objector will be provided with an opportunity to speak to their objection or representation and the applicant will be provided with an opportunity to respond.

Frivolous or vexatious objections or representations will not be considered.

For example Table 1 ‘Secondary letting’, where there are 11-15 persons the applicable fee would be £594 plus £55 meaning the Host would pay £649 in total. Costs are due to be paid every three years.

The Council will refuse an application for a short-term let licence where it is not satisfied that the applicant is a fit and proper person. The Council may refuse an application for a short-term let licence if the property is shown to be unsafe, or, there are significant risks to safety and security

The Council will not refund any fees charged for processing the application or renewal if the application is refused.

Where a licence is refused because the host or operator needs to obtain planning permission, the Council will not charge an additional fee in respect of a resubmitted application made within 28 days of planning permission being granted, provided that the application for planning permission is submitted without undue delay.

Applicants can appeal against a refusal of their short-term let licence application. The appeal should be made within 28 days of being notified of the refusal and should be sent to STL@eastdunbarton.gov.uk. Alternatively, appeals can be posted to:

Homelessness and Prevention Team
Kirkintilloch Community Hub
2-4 West High Street
Kirkintilloch
G66 1AD

The 2022 Order requires all short-term let licences across Scotland to apply the mandatory licence conditions. A list of the mandatory licence conditions is contained in Appendix 2 of this report.

It is a mandatory condition that hosts and operators ensure that they do not exceed the maximum number of guests for their premises. This includes making the maximum occupancy clear on adverts, listings, as well as in booking terms and conditions.

Applicants will state in their application how many guests they would like to accommodate. The Council will consider the following criteria when determining maximum occupancy:

• The number requested on the application form
• The maximum number that can be accommodated safely (broken down to the number of adults and the number of children)
• The maximum number that can be accommodated within tolerable noise and nuisance standards for neighbours.

The Council may ask applicants to submit a floor plan for their premises as part of their application. This should indicate room sizes, fire escape routes and accommodation intended for guests with mobility impairment. The Council may also wish to ask for plans to show the location of any steps, stairs, elevators or lifts in the premises, as well as the extent and boundary of the building where deemed relevant.

In addition to the mandatory licensing conditions, the Council may impose additional licence conditions to a short-term let licence. Where the Council opts to impose an additional licence condition, it will set out the issue that is being addressed by the additional condition, the reasoning for the additional condition, the action required of the licence holder and the deadline for this action to be completed by.

The Council will review its list of additional licence conditions on a regular basis. A list of the proposed additional licence conditions can be found in Appendix 2. This list is not exhaustive.

A unique licence number will be given to existing hosts who apply for a licence before 1 October 2023. This is known as a provisional licence number and will allow existing hosts to continue operating until their application has been determined.

New Hosts applying after 1 October 2022 cannot operate whilst their application is being determined.

Licence numbers will be issued in a consistent format to assist letting agencies and platforms in being able to use the licence number provided by the host or operator in their listings.

The format of the licence number, alongside information contained in the public register, will allow anybody to identify:

• The Council that issued the licence (and therefore the area to which the licence relates)
• The type of short-term let to which the licence relates (public register)
• The type of licence issued.

The licence number will comprise of eight characters, three of which are alphabetical (capital letters) and five of which are numerical digits (D):

For example: A1A2-DDDDD-A3

The leading two characters (A1A2) will identify the Council; East Dunbartonshire Council will use ED. The five digits will be issued by each Council.

The final character (A3) will denote the type of "licence" to be issued:

• T Temporary licence
• P Provisional licence number issued to Existing Hosts only
• F First (full) licence
• R Renewed licence
• N New Operator Application.

For example: ED -00001 - T

This number relates to a temporary licence (T). The type of short-term let (e.g. home sharing) will be displayed on the public register.

The Council may refuse to consider an application for a short-term let if the host or operator of a dwelling house within a short-term let control area needs planning permission but does not have it.

The high-level policy purpose behind control areas is as follows:

“to help manage high concentrations of secondary letting (where it affects the availability of residential housing or the character of a neighbourhood); to restrict or prevent short-term lets in places or types of building where it is not appropriate; and to help local authorities ensure that homes are used to best effect in their areas”.
It is a mandatory condition that a host or operator has planning permission, or, has made an application for planning permission, where all of the following conditions apply:

• Their premises is in a control area
• They are using it for secondary letting
• It is a dwelling house.

In these circumstances, the host or operator must have made an application for planning permission or already have planning permission before they apply for a licence. In most cases, planning applications are determined within two months.

The power to refuse a licensing application is designed to assist the Council in handling applications for secondary letting but Councils can use it in other circumstances too, such as letting rooms in your own home. Further details can be found in planning guidance for hosts and operators.

The Council has 21 days from receipt of a valid application to decide to refuse or approve the application.  Where an application is refused, the applicant can request a review within 21 days of the Council’s decision. Appeals should be sent to STL@eastdunbarton.gov.uk. Alternatively, appeals can be sent by post to:

Homelessness and Prevention Team
Kirkintilloch Community Hub
2-4 West High Street
Kirkintilloch
G66 1AD

Where appropriate, an appeal can be sent to the Housing Appeals Board.

If the Council refuses to consider an application for secondary letting, they will inform the host or operator within seven days of receipt of application and explain why they are refusing to consider the application.

Before 1 April 2023, the Council cannot determine a licence application on the basis it breaches planning control unless existing hosts have been given a chance to submit an application for planning permission or, for a Certificate of Lawful Use or Development ("CLUD"). The Council may determine a licensing application before this date where planning permission or, a CLUD has already been refused.

The applicant has three months from the date their application for a short-term let was submitted to lodge an application for planning permission or for a CLUD.

Where the Council has not received an application for planning permission during this time, the application is finally determined and the applicant can no longer provide short-term lets.

The deadline for all short-term lets to be licenced has been extended from 1 April 2024 to 1 July 2024.

Where a control area is designated, the Council will publish details of this on their website. This will assist hosts in determining whether, or not, to apply for a licence, in the knowledge that planning permission or a CLUD will be required.

The Council will give licenced hosts and operators a reasonable opportunity to comply with this mandatory condition by submitting a planning application. The host or operator should do this as soon as possible after the control area is designated.

The Council will ensure that licenced hosts or operators who may be affected by the designation of a control area are alerted as part of the planning authority's consultation process.

Where the Council refuse planning permission for short-term lets, the application or licence contingent on the planning permission will be refused, varied or revoked, as appropriate.

It will not always be necessary for an application to be refused, or licence to be revoked. For example, a host or operator may have a licence to let out one bedroom in their own home but have submitted an application to vary the licence, and an accompanying planning application, in order to let out three bedrooms. In this case, the applications might be declined but the existing licenced activity can continue.

Anyone may make a complaint to the Council about the way a host or operator is operating their short-term let.

Complaints regarding a short-term let should be sent to STL@eastdunbarton.gov.uk for investigation. Alternatively, complaints can be sent by post to:

Homelessness and Prevention Team
Kirkintilloch Community Hub
2-4 West High Street
Kirkintilloch
G66 1AD

The Council will seek to try to resolve a complaint through engagement with the host or operator in the first instance.

Complaints will be acknowledged within ten working days and complainants will be appropriately kept up to date with the progress of their complaint. The Council will aim to respond to complaints within 21 working days. The Council will keep a record of all complaints made under this Policy.

Some complaints may require enforcement action from the Council; see section 10.4 of this Policy. A complaint against a short-term let licensed property may result in the Council undertaking an inspection visit to assess compliance. The Council reserves the right to charge the host, or operator, for any costs relating to an inspection visit.

The Council may need to direct some complaints to planning authorities, letting agencies, platforms, VisitScotland, Police Scotland or other bodies for further investigation.

Complaints regarding the Council’s operation of its Short-Term Lets Licensing Policy or Procedures will be investigated in accordance with the Council’s formal Complaints Procedure.

A complaint may be related to the following areas:

• Whether the host or operator is a fit and proper person
• The condition of accommodation
• Concerns regarding planning permission
• Undue public nuisance, public order or public safety
• Privacy and security of neighbours
• Any other good reason.

Frivolous or vexatious complaints will not be considered.

Complaints about suspected unlicensed operators should be directed to Police Scotland.

The Council, letting agencies and platforms all have a role to play in identifying and eliminating unlicensed short-term lets. The Council will use a number of methods to check and monitor whether there are hosts, or operators, in the East Dunbartonshire area, that are trading without a valid short-term lets licence.

The options for enforcement action for the Council provided through the 2022 Order and 1982 Act are:

• Additional licence conditions on application (or through variation)
• Enforcement notices
• Variation, suspension or revocation of the licence
• Pursuance of prosecution in respect of offences under the 1982 Act.

The Council has the power to serve Enforcement Notices. Where complaints, visits to premises, or other information confirm that any licence condition has been breached, the Council will require the licence holder to take action to resolve the situation within a reasonable period.

If informal measures do not result in resolution, the Council will serve an Enforcement Notice ("non-compliance" or "improvement" notice). The notices will set out the matters constituting a breach or a likely breach, the action required to rectify or prevent the breach and the date by which the action must be taken.

Enforcement Notices will also be served if a future breach of a licence condition is anticipated, for example, a host or operator is advertising property with a maximum capacity of ten guests, in breach of a licence condition specifying no more than eight. This would be evidenced in a listing or advertisement.

The Council may vary, suspend or revoke a licence in certain circumstances. The Council may do this without serving an Enforcement Notice if the seriousness of the breach justifies urgent action.

The Council may vary the terms of a licence on any grounds it thinks fit. The Council can do this at any time, including following an application made to it by the licence holder or of its own initiative.

The Council may order the suspension or revocation of a licence, if in its opinion:

• The licence holder is no longer a fit and proper person to hold the licence
• The licence holder is managing the property on behalf of someone who would have been refused the grant or renewal of the licence
• The short-term let is causing or is likely to cause undue public nuisance, or, a threat to public order or public safety
• A condition of the licence has been contravened
  Where the Council revokes a licence, no further application can be made by that host or operator, in respect of that premises, within one year of the date of revocation.

Hosts and operators can appeal against the decision to vary, suspend or revoke a licence. The appeal should be made within 28 days of being served with the notice and should be sent to STL@eastdunbarton.gov.uk or can be served by post to:

Homelessness and Prevention Team
Kirkintilloch Community Hub
2-4 West High Street
Kirkintilloch
G66 1AD

Hosts and operators can take bookings and provide accommodation whilst they appeal a revocation or suspension and they have 28 days in which to lodge an appeal.

The Team Leader – Homelessness and Prevention will monitor the number of applications to the Short-Term Lets licensing scheme on a quarterly and annual basis.

The Scottish Housing Regulator monitors the quality and value of the Council’s housing services. In line with the Scottish Social Housing Charter, the Council will monitor the success of the Short-Term Lets licensing scheme via Charter Indicators:

3 – Percentage of all complaints responded to in full at Stage 1 and the percentage of all complaints responded in full at Stage 2 of the Council’s Corporate Complaints Procedure.

The Short-Term Lets Policy will be reviewed after the first 12 months of the licensing scheme’s implementation. The Council will review the Policy every three years thereafter.

Name and address of Licence Holder

The above named is hereby licensed to use the undernoted premises as a short-term let within the meaning thereof set out in the Civic Government (Scotland) Act 1982 (Licensing of Short-term Lets) Order 20221, as amended, and subject to the conditions detailed below.

The premises licensed in terms hereof as follows:

(herein after referred to as “the premises”)

This licence will be effective, unless sooner suspended or surrendered, from Date of Issue until Date of Expiration

CONDITIONS. (Can be amended)

1. This Licence is valid only in respect of the above-named premises.

2. This Licence permits the occupation of the premises by a maximum of  NUMBER residents, subject to the premises being otherwise suitable to accommodate that number.

3. The Licensee shall hold satisfactory Gas, Fire Alarm, Electrical and Portable Appliance Safety Certificates.                                                  __________________________________________________

EXECUTIVE OFFICER - HOUSING

Date: 

Appendix 1 – What is a short-term let?

Appendix 2 - Mandatory Licence Conditions

Appendix 3 – Additional Mandatory Conditions

Appendix 4 – Public notice of application for short-term lets licence

Appendix 5 - Certificate of compliance

Appendix 6 - Application for short-term let licence and application checklist

Appendix 7 - Scottish fire safety checklist