Scottish Government Approve Legislation on Short Term Let Licensing

19th January 2022: MSPs have just voted 68 to 53 to support short-term let licensing. They have also voted in favour of the planning control zone regulations by 87 to 33.

Both Miles Briggs and Willie Rennie made excellent contributions opposing licensing and endorsing the ASSC’s position – and Fergus Ewing clearly wanted to make a contribution remotely but technical issues prevented him from doing so – but unfortunately, and not unexpectedly, the government got their way.

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

“The ASSC have always sought a collaborative approach to short-term let regulation. While disappointed that we were not able to persuade SNP and Scottish Green MSPs, we are very grateful for the support of Scottish Conservative, Scottish Labour and Scottish Lib Dem MSPs who voted against short-term let licensing to protect our sector, as well as the shrewd and informed interventions from former Scottish Government Cabinet Secretary Fergus Ewing MSP who backed Scottish tourism by speaking out against these “arbitrary, irrational, and draconian” regulations.”

“The ASSC maintain that the Licensing Order remains unfit for purpose, lacks an evidence base and was more often than not based on groundless fears, anecdote and hearsay. The self-catering sector has been used as a convenient scapegoat for wider policy failures by government, especially on housing. In contrast, our proposal for a mandatory registration scheme with health and safety provisions had cross-industry and cross-party support and would have provided a robust and legally effective regulatory regime.”

“The Scottish Government have confirmed there will be a review of licensing in summer 2023 in so-called ‘hotspot areas’, and while the precise details of this remain unclear, we will be putting forward our views and insight to help protect self-catering and mitigate the worst effects of this damaging legislation.”

ASSC Response to MSPs Backing Short-Term Let Licensing – A Personal Note from Our CEO

It is with considerable regret that I have to announce that MSPs have today chosen to endorse the Scottish Government’s short-term let licensing scheme during the final vote in the Scottish Parliament, despite the strength of opposition to the move from tourism, business, legal, and local authority stakeholders.

The ASSC have always sought a collaborative and cross-party approach to short-term let regulation. While disappointed that we were not able to persuade SNP and Scottish Green MSPs, we are very grateful for the support of Scottish Conservative, Scottish Labour and Scottish Lib Dem MSPs who voted against short-term let licensing to protect our sector, as well as the shrewd and informed interventions from former Scottish Government Cabinet Secretary Fergus Ewing MSP who backed Scottish tourism by speaking out against these “arbitrary, irrational, and draconian” regulations.

To all of our members who have taken the time to respond to the three separate short-term let consultations, provided written evidence to parliamentary committees, as well as contacting local MSPs, I offer a heartfelt thank you. Your efforts were deeply appreciated by the ASSC, just as your continued hard work and dedication to our sector is appreciated by your guests. Sadly, this sense of appreciation has not been shared by those making decisions about your livelihood. Instead, MSPs have agreed to a piece of legislation that remains unfit for purpose, lacks an evidence base and was more often than not based on groundless fears, anecdote and hearsay. The sector has been used as a convenient scapegoat for wider policy failures by government, especially on housing.

Looking back over the piece, it has been a long journey since the regulatory discussion ramped up around five years ago when the Scottish Government began to examine the issue through their Expert Panel on the Collaborative Economy. Throughout that period, the ASSC has been proactive and constructive in its relationship with government, offering up alternative solutions but challenging when necessary; and in more recent times, we worked tirelessly to try and persuade government that licensing was the wrong approach. All of this involved hundreds of meetings with Scottish Government Ministers and officials, MSPs, councillors, and industry stakeholders. It included the circulation of briefings and evidence-based reports, not to mention attendance at endless workshops and working groups, as well as near constant press activity.

We weren’t alone in opposing bad regulation: we had the support of nearly all of the tourism industry (with some notable exceptions) as well as the small business community. We even developed our own policy recommendations – a mandatory registration scheme with health and safety provisions – as well as an exemption policy. These were, however, casually dismissed by government.

However, if it wasn’t for our collective efforts, the regulations could have been passed a lot sooner and been far more damaging. The numbers have always been there in the previous and current session for this to happen. Our work has not been in vain. With the regulations passed by MSPs, we must now reflect what this means for the sector. The Scottish Government have revealed that there will be a review of licensing in summer 2023, and while the precise details of this remain unclear, we will of course be putting our views forward to help protect self-catering and mitigate the worst effects of this damaging legislation.

This has not been the most auspicious of starts to the new year but the ASSC are determined to keep fighting on this issue and others of great importance to our sector in the weeks ahead.

Yours sincerely,

Fiona Campbell, CEO, the Association of Scotland’s Self-Caterers

For more information on the ASSC & how we can help support you & your business:  Join Us HERE

Scot Gov: Reference to excluded accommodation

First Minister and Cabinet Secretary for Housing Fail to Respond to Industry Letters

The ASSC and other tourism industry bodies have failed to receive a response from either the First Minister or the Cabinet Secretary for Housing to the attached letters they have received seeking urgent reconsideration of the proposed Short-Term Let Licensing legislation,  despite it going to a vote in Parliament this afternoon.  This lack of courtesy embodies the antipathy the Scottish Government clearly feels towards the ASSC, the wider tourism industry and small businesses that this legislation will detrimentally impact.

Letter to First Minister 5.1.22

Letter to First Minister 13th January 2022

Letter to Shona Robison 13.1.22

Meanwhile, letters received by ASSC members from their MSPs clearly illustrate that this continues to be driven by concern for lack of housing, despite the Cabinet Secretary for Housing’s assurances that licensing is about “basic health and safety”  and that overprovision powers have been removed. They have not, and we have legal opinion to evidence this.

It was made abundantly clear at the Local Government, Housing and Planning Committee that the intention is to “mange down” the number of short-term lets. In addition, the Committee voted the legislation through, apparently, to safeguard against “potential criminality” associated with the sector: sex trafficking, drug dealing and puppy farming. despite there being no evidence for such sensationalist claims.

First Minister’s Statement 18th January 2022

The First Minister updated Parliament today on COVID-19 and confirmed that additional measures aimed at stemming the spread of the Omicron variant whilst the vaccination booster programme took effect are to be lifted.

The First Minister provided a Covid-19 update to the Scottish Parliament which covered the following issues:

  • Latest statistics: 7,752 positive cases were reported yesterday through PCR and LFTs. 1,546 people are in hospital with Covid (-21) and 59 people are in intensive care (+1). A further 31 deaths were reported, taking the total number of deaths under the daily definition to 10,093.
  • The FM confirmed the Scottish Government’s steps in lifting the protective measures against omicron which were introduced in December. She added that “the data gives us confidence that we have turned the corner on the Omicron wave” but “significant pressures and uncertainties remain”. She claimed that a combination of booster vaccinations, the willingness of the public to adapt behaviours, and the “temporary protective measures” had helped suppress the impact of the Omicron wave.
  • The following measures would be lifted from Monday 24th January: limits on attendance at indoor public events, the requirement for 1m social distancing in indoor public places, table service in hospitality venues serving alcohol, and the closure of nightclubs. Furthermore, from this date, the guidance on asking people to stick to the three household limit with indoor gatherings would be removed.
  • However, the mitigation measures that were in place before omicron will be retained at this stage. She also noted that the Scottish Government would not extend the vaccine certification scheme to other venues.
  • People will continue to be asked to work from home whenever possible, with employers asked to facilitate this. However, the Government will engage with businesses now about a return to a more hybrid approach from the start of February if case numbers continue to decline.