The Civic Government (Scotland) Act 1982 (Licensing of Short-term Lets) Order 2022

Provisional licences

9A

After paragraph 7, insert—

(7A) (1) A short-term let licence application may be made in relation to any premises despite the fact that, at the time the application is made, the premises are yet to be, or are in the course of being, constructed for use as a short-term let. (2) A short-term let licence application in respect of any such premises is referred to in this paragraph and paragraph 7B as a “provisional short-term let licenceapplication”. (3) A short-term let licence issued in respect of any such premises and which has not been confirmed in accordance with paragraph 7B is referred to in this paragraph and paragraph 7B as a “provisional short-term let licence”. (4) A provisional short-term let licence is of no effect unless and until it is confirmed by thelicensing authority which issued it in accordance withparagraph 7B. (5) A provisional short-term let licence application must be accompanied by a provisional planning certificate in respect of the premises. (6) A provisional short-term let licence is treated as revoked if it is not confirmed within 3 years after the date on which it was issued. (7) On the application of the holder of a provisional short-term let licence, the licensing authority which issued the licence may, where sub-paragraph (8) applies, extend the period mentioned in sub-paragraph (6) by such period as that authority considers appropriate. (8) This sub-paragraph applies where the licensing authority is satisfied that— (a) completion of the construction of the premises to which the licence relates has been delayed, and (b) the delay has been caused by factors outwith the provisional short-term let licence holder’s control. (9) A provisional planning certificate is a certificate signed on behalf of the appropriate authority and stating— (a) that planning permission, planning permission in principleor outline planning permission under the Town and Country Planning (Scotland) Act 1997 has been obtained in respect of the construction of the premises, or (b) that no such planning permission is required. (10) In this paragraph, “construct” has the same meaning as it has for the purposes of section 56 of the Building (Scotland) Act 2003. (7B) (1) The holder of a provisional short-term let licence may apply to the licensing authority which issued the provisional licence for confirmation of the licence. (2) An application under sub-paragraph (1) must be accompaniedby— (a) the provisional short-term let licence, (b) if the provisional planning certificate which accompanied the provisional premises licence application in respect of the premises consisted of outline planning permission or planning permission in principle, a planning certificate, (c) a building standards certificate, and (d) such other information as the licensing authority may reasonably require. (3) Where a licensing authority receives an application under sub-paragraph (1), the authority must, where sub-paragraph (4) applies, confirm the licence. (4) This sub-paragraph applies where the licensing authority is satisfied that, following the construction of the premises, the applicant would be able to secure compliance with— (a) the mandatory licence conditions, and (b) the standard conditions and any further conditions under paragraph 5(1A)(b) to which the licence is to be subject. (5) A “planning certificate” is a certificate signed on behalf of the appropriate authority and stating— (a) that planning permission under the Town and Country Planning (Scotland) Act 1997 in respect of any development of the subject premises in connection with their proposed use as a short-term let has been obtained, or (b) that no such planning permission is required. (6) A “building standards certificate” is a certificate signed on behalf of the appropriate authority and stating— (a) that a completion certificate has been accepted under section 18 of the 2003 Act in respect of any construction of the subject premises in connection with their proposed use as a short-term let, (b) that permission for the temporary occupation or use of the premises has been granted under section 21(3) of the 2003 Act, or (c) that no such completion certificate or permission is required. (7) In this paragraph— - “the 2003 Act” means the Building (Scotland) Act 2003, - “appropriate authority” means—in relation to a planning certificate or provisional planning certificate, the planning authority (within the meaning of the Town and Country Planning (Scotland) Act 1997) for the area in which the subject premises are situated,in relation to a building standards certificate, the local authority for that area.

Duration of licences

Transfer of short-term let licence

10A

After paragraph 9, insert—

(9A) (1) A short-term let licence holder may apply to the appropriate licensing authority for the transfer of the licence to such person as is specified in the application. (2) In this paragraph— (a) an application under sub-paragraph (1) is referred to as a “transfer application”, and (b) the person to whom the licence is to be transferred under a transfer application is referred to as the “transferee”. (3) A transfer application must be accompanied by— (a) the short-term let licence to which the application relates or, if that is not possible, a statement of the reasons for failure to produce the licence, (b) where the applicant is not the owner of the premises or the land on which the premises are located— (i) the name and address of the owner (or, as the case may be, each owner), and (ii) a declaration from the owner (or, as the case may be, each owner), or a person authorised to act on their behalf, that they consent to the application, (c) where the applicant shares ownership of the premises or the land on which the premises are located— (i) the name and address of each other owner, and (ii) a declaration from each other owner, or a person authorised to act on their behalf, that they consent to the application, (d) where the short-term let licence is held in joint names— (i) the name and address of each licence holder, and (ii) a declaration from each licence holder, or a person authorised to act on their behalf, that they consent to the application, (e) such other information as the licensing authority may reasonably require. (4) Where a licensing authority receives a transfer application, the licensing authority must give notice of it, together with a copy of the application, to thechief constable. (5) The chief constable may, within 28 days of the date of receipt of a notice under sub-paragraph (4), make objections or representations to the licensing authority in relation to the transfer application. (6) Paragraph 3 applies to any objection or representation made by the chief constable under sub-paragraph (5) as it applies to an objection or representation relating to an application for the grant or renewal of a licence but as if— (a) in paragraph 3(1), head (e) was repealed, and (b) in paragraph 3(2), “Notwithstanding sub-paragraph (1)(e) above,” were repealed. (7) Where the chief constable does not make any objection or representation under sub-paragraph (5), the licensing authority must grant the transfer application. (8) Where the chief constable makes an objection or representation under sub-paragraph (5), paragraphs 4 and 5 apply to the transfer application— (a) as those paragraphs apply to an application for the grant or renewal of a licence, and (b) subject to the modifications in sub-paragraph (9). (9) Paragraph 5 applies to a transfer application as if— (a) in paragraph 5(1), for heads (a) and (c) there were substituted “grant or refuse to grant the transfer application”. (b) in paragraph 5(1A) for “In granting or renewing a licence under sub-paragraph (1)(a)” there were substituted “In granting or refusing to grant a transfer application under sub-paragraph (1)”, (c) in paragraph 5(1A)(a), after “licence” insert “which is the subject of the transfer application”, (d) for paragraph 5(2), (2A) and (2ZA) there were substituted “(2)The conditions referred to in sub-paragraph (1A)(b) are such reasonable conditions as the licensing authority think fit.”, (e) in paragraph 5(3)(a) and (b), references to the “applicant” were references to the transferee, (f) paragraph 5(3)(c), (4) and (5)(c) and (d) were repealed, (g) in paragraph 5(7) for “granted” there were substituted “transferred”, and (h) paragraph 5(8) were repealed.

Enforcement

Simplified process following surrender

Public register

Sharing of information

Fees

Giving of reasons

Interpretation