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Category: Regulations

Comment from NFU Scotland

Posted on by Fiona Campbell

Head of NFU Scotland’s Policy Team, Gemma Cooper said: “NFUS has raised concerns directly with Scottish Government about proposals relating to short term lets.

“We have serious worries about the impact of the proposals on our farmers and crofters who have diversified to offer self-catering and short term accommodation.  Such facilities have a hugely beneficial impact on local rural economies.

“Our view remains that these proposals to introduce an onerous scheme on small rural businesses are a sledgehammer to crack a city-based nut and we want further consideration of the views of industry to be taken into account when MSPs next come to discuss legislation.”

Further Scottish Government Restrictions to Tackle Covid-19

Posted on by Fiona Campbell

 The First Minister Nicola Sturgeon has announced additional steps to help control the omicron variant of Covid-19 in Scotland. These measures were largely concentrated on the events and hospitality sector.

 
In her statement, the First Minister reiterated guidance on reducing the number of contacts to no more than three households in indoor settings. However, this remains advice and is not statutory. We therefore direct you to our previous statement of 20thDecember in terms of refunds.
 
We of course understand that some of your guests have already chosen to cancel bookings, or may be inclined to do so in light of developments, and you will be keen to understand if any financial support from government will be available.
 
The Scottish Government have released some limited details of funding packages for affected sectors. The £100m Covid support fund announced last week includes £3m for the tourism sector that will be delivered by Visit Scotland, to support businesses that their previous funds allowed. Today, the First Minister announced a further £275m of support, which draws on funding from HM Treasury, but full details of this have yet to be provided. The Scottish Government have stated that “an update will be provided on the breakdown and allocation of funding as soon as possible.”
At the present time, we have no idea what any future funding packages will look like.
 
The ASSC will continue to collate evidence of the impact of the guidance on our sector and will engage with the Scottish Government and STERG. Please bear with us and we will endeavour to keep you updated as much as possible.
 
Background
 
A full copy of the First Minister’s speech of 21st December can be accessed here: https://www.gov.scot/publications/coronavirus-covid-19-update-first-ministers-statement-21-december-2021/
 
The updated rules and guidance relating to Covid-19 can be found here: https://www.gov.scot/publications/coronavirus-covid-19-staying-safe-and-protecting-others/

 

During her COVID-19 update today, First Minister Nicola Sturgeon covered the following (21/12/21):

  • The FM confirmed that 5,242 new cases of COVID-19 had been identified in the last 24 hours. She also confirmed that 515 people were in hospital. She also noted that there were 37 people in ICUs and that 9 deaths had occurred, bringing the total to 9,790. Of those cases identified, 62.9 percent of cases had been found to be of the Omicron variant. The FM noted an acceleration in the booster vaccine programme, observing that well over half of the population had received a booster.
  • The FM outlined the impact that Omicron is having on sectors including the health service, social care, entertainment, and others, stressing its severity and the need for action.
  • The FM noted that the advice for Christmas will not change. However, she reiterated the advice previously given on keeping safe during gatherings. The FM urged Scots, from December 27, to limit their numbers of contacts, stay socially distant, and stay at home as much as possible. She also outlined new rules. From December 26, for a period of up to three weeks, a limit would be placed on large public events:
    • The limits will be 100 attendees at indoor standing events, 200 at indoor seated events, and 500 for outdoor events.
  • Turning to hospitality, the FM noted further “protections” that will be introduced. This will include mandatory table services and one meter social distancing between groups and no more than three households represented in any one group. She confirmed that eligibility and guidance for hospitality would be published later today. Further, she noted an extra £375million of business support would be provided, drawing together money from the Scottish Government’s own resources and HM Treasury funding.
  • In the following questions, both the Labour and Conservative leaders urged the FM to get funding to businesses as quickly as possible. The FM reiterated her plans and defended them as the best course of action. Scottish Liberal Democrat leader Alex Cole-Hamilton highlighted the needs of the events and tourism sectors in the context of testing. The FM said she understood the sectors’ concerns and stressed that the government was doing everything possible to provide support and increase capacity.

Local Government Committee approves ‘arbitrary, irrational & draconian’ short-term let licensing plans

Posted on by Fiona Campbell

The Scottish Parliament’s Local Government, Housing and Planning Committee have today approved the Scottish Government’s plans to introduce short-term let licensing. The regulations will now head to plenary for a vote of all MSPs at a later date.

During their meeting, the Committee heard evidence from the Cabinet Secretary for Housing Shona Robison, accompanied by her officials, who took questions from MSPs. They was also joined by the former Cabinet Secretary for Tourism Fergus Ewing who raised a number of concerns relating to the licensing proposals.

Mr Ewing highlighted that the industry’s proposals for mandatory short-term let registration, just as with the Scottish Landlord Register, could include a fit and proper test – which the government maintained wasn’t the case when dismissing our exemption proposal. He also made valuable points in relation to the existing regulations faced by industry, anti-social behaviour powers that local councils needed to enforce, and the threat of judicial review arising from the licensing proposals.

Questions were also put on the following from other MSPs:

  • The data underpinning the Scottish Government’s plans.
  • Whether overprovision powers could be brought back at a later date.
  • Why a mandatory registration scheme had been rejected in favour of licensing.
  • The costs to local authorities arising from licensing, specifically the differences in the level of fees estimated in the Scottish Government’s BRIA and those from SOLAR.
  • If the Scottish Government had considered piloting their regulations, or giving local councils full powers to determine whether licensing was appropriate for their area.
  • The costs to business from licensing and compliance costs – and if many businesses would close as a result.
  • The views of Police Scotland on short-term let licensing and the anti-social behaviour powers already available to local councils in respect of holiday lets.
  • The Scottish Government’s planned review of licensing in 2023.

After the Committee discussion, the licensing plans were approved by five votes to two.

You can view a recording of the evidence session and vote here: https://www.scottishparliament.tv/meeting/local-government-housing-and-planning-committee-december-21-2021

In response to today’s development, the ASSC have issued the following comment.

Fiona Campbell, Chief Executive of the Association of Scotland’s Self-Caterers, said:

“The ASSC is naturally disappointed that the Committee has agreed to the revised Licensing Order. This is despite the strength of opposition highlighted in their recent survey, not to mention widespread concern from tourism, business and local authority stakeholder responses in the Scottish Government’s third consultation exercise on the issue.

We maintain that the Scottish Government’s regulations were unfit for purpose when withdrawn in February 2021 and remain so in December 2021, largely as industry and expert insight has been dismissed. Make no mistake, they will damage the Scottish tourism industry – which is still in survival mode – and will burden local councils at a time they can least afford it.

It also comes at the worst possible time for self-caterers and B&B owners who face an uncertain future with the challenges associated with Covid-19. Policymakers need to take these circumstances into account and support small and micro businesses through this and minimise the burden.

We endorse the views expressed at the Committee by the former Cabinet Secretary for Tourism Fergus Ewing on the merits of a mandatory registration scheme, which contrary to the position of the Scottish Government, could include a fit and proper person test. Mr Ewing also raised the valuable economic contribution made by the industry but that many operators will now fear their business being confiscated through the draconian powers made available to local councils and the risk of judicial review therein.

These regulations are, in the words of the former Cabinet Secretary, ‘arbitrary, irrational & draconian’, and it is not too late for the Scottish Government to think again. With the regulations now heading to a vote in plenary, we would therefore strongly encourage all MSPs to back small business and protect livelihoods in Scotland’s £867m self-catering industry by rejecting these ill-timed and onerous plans.”

 

https://www.heraldscotland.com/politics/19800535.snp-msp-fergus-ewing-labels-governments-airbnb-crackdown-plans-draconian/