Licensing and Planning – Will You Need Planning Permission?

Part of the licensing order for Short-Term Let Licensing includes provision for local authorities to ask for evidence of planning permission. Different local authorities are taking a different approach to this.

Will planning stop me getting a licence? It may do and not only if you are in a planning control area. Councils can exercise their right to preliminary refusal if there is no planning in place or applied for. Applicants will have three months to exhibit proof of planning consent or certificate of lawfulness (COL), or that they have applied for planning or a COL.

Perth & Kinross have published a checklist to identify if you need planning permission.

Other local authorities are taking a more pragmatic approach and only requiring evidence of planning in Planning Control Areas.

We will know more once applications go live in the coming weeks.

Short-Term Let PQs

Liam McArthur (Orkney Islands) (Scottish Liberal Democrats): To ask the Scottish Government what the consequences will be for any local authority that does not have its short-term lets licensing scheme established by 1 October 2022. S6W-10437

Shona Robison: I have recently written to local authority Housing Conveners and Chief Executives to remind them of their duty to establish short-term let licensing schemes by 1 October 2022, and we continue to work with local authorities on implementation matters as they prepare to open licence schemes in their areas by this date.

Liam McArthur (Orkney Islands) (Scottish Liberal Democrats): To ask the Scottish Government whether any local authority has requested an extension to the deadline for establishing a short-term lets licensing scheme by 1 October 2022, and what consideration has been given to any such request. S6W-10436

Shona Robison: No local authority has submitted a request seeking an extension to the deadline of 1 October for establishing short-term let licensing schemes in their area. Officials remain in regular dialogue with local authorities in the lead up to schemes opening.

Liam McArthur (Orkney Islands) (Scottish Liberal Democrats): To ask the Scottish Government which minister signed off the Island Communities Impact Assessment carried out as part of its consultation on proposals for the regulation of short-term lets, published on 10 December 2020. S6W-10498

Shona Robison: The Island Communities Impact Assessment did not require ministerial sign off however, it formed part of the 2020 Short-term Let Consultation Report which was signed off by Kevin Stewart who was the Minister for Local Government, Housing and Planning.

S6W-10955: Liam McArthur, Orkney Islands, Scottish Liberal Democrats, Date Lodged: 08/09/2022

To ask the Scottish Government, further to the First Minister’s statement to the Parliament on the Programme for Government, on 6 September 2022, that a proposed Housing Bill would “implement key policies on short-term lets”, whether this refers to enacted or new regulations on the matter.

Answered by Shona Robison: This refers to the level of fines for some short-term let licensing offences. When we were developing the short-term let licensing legislation in 2020 we consulted on the maximum level of fines for operating without a licence; breaching a licence condition; and for providing false information. Provisions for this will be included in a forthcoming Housing Bill.

S6W-11302: Liam McArthur, Orkney Islands, Scottish Liberal Democrats, Date Lodged: 04/10/2022

To ask the Scottish Government, further to the answers to questions S6W-10436 and S6W-10437 by Shona Robison on 21 September 2022, and in light of Aberdeenshire Council’s short-term lets licensing consultation ending on 7 October 2022, after the deadline for establishing local schemes, what discussions have been held with Aberdeenshire Council regarding the timeline for implementation of such licensing; and what the repercussions are for any local authority that did not have its short-term lets licensing scheme established by 1 October 2022.
Current Status: Expected Answer date 01/11/2022

S6W-11301: Liam McArthur, Orkney Islands, Scottish Liberal Democrats, Date Lodged: 04/10/2022

To ask the Scottish Government, further to the answers to questions S6W-10436 and S6W-10437 by Shona Robison on 21 September 2022, how many local authorities have indicated that they were not in a position to establish their short-term lets licensing scheme by 1 October 2022.
Current Status: Expected Answer date 01/11/2022

S6W-11303: Liam McArthur, Orkney Islands, Scottish Liberal Democrats, Date Lodged: 04/10/2022

To ask the Scottish Government, further to the answers to questions S6W-10436 and S6W-10437 by Shona Robison on 21 September 2022, and in light of the Report to Aberdeenshire Council’s Business Services’ Licensing Sub-Committee of 2 September 2022 under item six, paragraph 3.8.1, whether it can confirm that licensing officers from Aberdeenshire Council told the Scottish Government that it would not be possible to establish the short-term lets licensing scheme by 1 October 2022; and what its response is to the comment in the report regarding this deadline that “other Scottish Licensing Authorities are in the same position as Aberdeenshire Council”.
Current Status: Expected Answer date 01/11/2022

The Scottish Tourism Alliance – Pre Budget Submission to Scottish Government

The following letter has ben sent to the Deputy First Minister, on behalf of tourism businesses in Scotland.

Dear Deputy First Minister,

Please find attached the Scottish Tourism Alliance (STA) pre budget submission which has been developed in consultation with the STA Board STA  Counciland our STA Destination Forum Members.

Scotland’s tourism industry is at a crossroads. Before the COVID-19 pandemic, the tourism sector contributed £4.5 billion in gross value added to Scotland’s economy, employing 229,000 people, around 9% of employment in Scotland[1]. However, its future – and many of the small businesses it supports – are at risk.

When the First Minister launched the country’s new tourism strategy, Scotland Outlook 2030, in March 2020, little did we know that the sector would experience extraordinary challenges in the face of multiple lockdowns and restrictions due to the COVID-19 pandemic.

As businesses continue to recover, we now face a new set of challenges as tourism, hospitality and retail contend with unprecedented rising costs in doing business, which include escalating energy prices, increasing costs of goods and materials, and a 40-year high in inflation. This is coupled with a cost-of-living crisis with significant impact on consumer spend, particularly within the tourism and hospitality sector.

As the overarching lead representative body for Scotland’s tourism and hospitality industry, we welcome the support that the Scottish Government continues to give the sector and your recognition that an innovative, resilient, and welcoming industry is not only of vital importance to Scotland’s economy, but also its place in the world.

To achieve our shared vision of Scotland becoming the world leader in 21st century tourism, now is a critical time to ensure that the industry can survive and recover to make this ambition a reality.

Policy, investment, and positioning are three of the six conditions for success agreed in Scotland Outlook 2030. Tourism also has a central role to play in delivering the priorities set out in Scotland’s National Strategy for Economic Transformation (NSET) and the Net Zero agenda.

Our survey at the beginning of the summer period (17th May 2022 to 8th June 2022) found that more than half of tourism businesses were still not in recovery following the COVID-19 pandemic and that this could take at least another year or more, with 23% describing their business as in survival mode and financially fragile.

At the same time, we reported that a considerable number of tourism businesses had already begun to experience a decrease in customer discretionary spending compared to the same period in 2019 (52% of respondents) and 2021 (38% of respondents).

As households look to further reduce their spending in the face of rising costs, the tourism sector is predicted to once again be one of the main casualties. We are already hearing from our members that businesses are actively considering reducing their trading hours or feel financially forced to close for the winter season.

We are gravely concerned that some businesses might never reopen again, impacting on employees and wider communities, and loss of tax revenues for government. Losing businesses now could permanently reduce Scotland’s tourism capacity, resulting in wider economic and social knock-on impacts, particularly in rural areas. The uncertainty facing these businesses is also having an uncountable toll on the mental health of their owners and staff.

Out of the 744 survey responses we received, the extension of business rates relief and greater investment in tourism promotion were listed as the two most immediate and effective policies that the Scottish Government could implement to support recovery.

We would also reiterate the need to pause new and impending regulations to take some of the burden off businesses during this turbulent and uncertain time.

We urge the Scottish Government to adopt these three policies as an immediate priority to support our tourism industry.

Thank you for your ongoing support and partnership, as we continue on the path to achieving the ambitions of Scotland Outlook 2030 and delivering economic prosperity for all Scotland’s people and places.

Yours sincerely,

Marc Crothall

Chief Executive

Scottish Tourism Alliance

Scottish Tourism Alliance SG Pre-Budget Submission – 20 Sept 2022