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 AUTHOR
Kevin 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.
CONTENTS
Chapter One - Historical Context
Chapter Two - Short-Term Lets: Basic Principles
Chapter Three - Rules of the Game for Making an Application
Chapter Four - The Interaction Between Planning Law and Licensing Law
Chapter Five - The Mandatory Conditions (And Additional Conditions)
Chapter Six - Can I Let Out Short-Term Properties on a Temporary Basis?
Chapter Seven - The Application Process
Chapter Eight - Compliance
Chapter Nine - Looking to the Future
