February 2022

Edinburgh Planning Control Area: Legal Opinion

Posted on February 28, 2022February 28, 2022 by Fiona Campbell

As an organisation, the Association of Scotland’s Self-Caterers represents 153 professional self- catering businesses in Edinburgh and 1369 throughout Scotland. We submitted a robust response to City of Edinburgh Council’s (CEC) proposal to designate a city-wide control area on behalf of our members. We are very concerned and disappointed that City of Edinburgh Council (CEC) appear to have disregarded many of the legitimate points and sources of contrary evidence, and have proceeded regardless with a Proposal which is widely believed to be fundamentally flawed.

The ASSC sent a letter to the City of Edinburgh Council today (28th February 2022) highlighting our concerns.

The Proposal adopted by CEC will have a devastating effect on the accommodation industry in Edinburgh – which is much more diverse than simply Airbnb, despite what the Proposal suggests. It is regrettable that CEC has adopted a scheme which is misconceived in its ability to address any of the underlying policy objectives. The consequences of this, intended or otherwise, is restrictive for consumers, and anti-business.

Given our very serious concerns about the chilling effect and detrimental impact of the Proposal will have on many of our members operating in Edinburgh, we have had no choice but to seek legal advice. Please see below correspondence sent to CEC today from our solicitors, Burness Paull LLP.

2022.02.28 – Letter from BP to CEC on behalf of ASSC

We look forward to a substantive response in short order to identify a path forward.

Short-Term Let Licensing Extends to Non-Licenced Guest Houses

Posted on February 28, 2022February 28, 2022 by Fiona Campbell

Guest Houses and B&Bs that do not have a licence to sell alcohol, according to the Licensing (Scotland) Act 2005, will require a STL Licence:

Guest houses were listed as excluded accommodation in the original Licensing Order, as laid in December 2020. However, they were included in the draft Licensing Order that went to public consultation in June 2021. The rationale for their inclusion is set out in the 2021 consultation paper (item 1 in the table at page 12): Short term lets – draft licensing order and business and regulatory impact assessment (BRIA): consultation – gov.scot (www.gov.scot)

Lodges within the grounds of a hotel would be classed as excluded accommodation in the following circumstances (as set out in Schedule 1, 1b):

Premises in respect of which a premises licence within the meaning of section 17 of the Licensing (Scotland) Act 2005(6) has effect and where the provision of accommodation is an activity listed in the operating plan as defined in section 20(4) of the 2005 Act. There is a section in the operating plan of any premises where you confirm that accommodation is part of the overall activity. If this is stated, the property is excluded from the requirement to have a STL Licence.

Edinburgh Council approves Short-Term Let Control Area

Posted on February 24, 2022March 2, 2022 by Fiona Campbell

Edinburgh council approved proposal to designate the entire Council area as a Short-term Let Control area. yesterday (23rd February).

Following Scottish MSPs’ vote to support short-term let licensing in January 2022, Edinburgh council have now approved the proposal to designate the entire Council area as a Short-term Let Control area.

The goal for control areas is to manage high concentrations of secondary letting, restrict or prevent short-term lets in places or types of building where it is not appropriate; and help local authorities ensure that homes are used to best effect in their areas.

Edinburgh council is the first council in Scotland to approve the proposal for their council, which will require all short-term lets to apply for planning permission.

According to the short let software company, Bookster’s Director Robin Morris:

“This Control Area applies across the entire Edinburgh Council area, setting precedent for other councils across Scotland to follow suit. Other areas of the UK will be watching too.

This will devastate the short lets industry in Edinburgh. Cleaners, concierge teams, marketing agencies, and tourism that is dependent on it will be impacted.

Short-term rentals provide for groups such as families and festival performers in a way that hotels simply do not.

This heavy-handed approach to shift towards multinational hotel groups is changing the character of the city before our eyes and syphoning revenue out of Edinburgh.”

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

“By voting to include the entire city in this anti-business and restrictive scheme, City of Edinburgh Council has shown that it does not care for the many small businesses who work hard to ensure that the capital continues to have a world-leading tourism offering.

“Councillors are well aware that the real problem is a chronic lack of house-building, but it is much more expedient to scapegoat short-term rental professionals than do anything real to combat that.

“The ASSC will continue to stand alongside Edinburgh’s self-catering professionals, and our colleagues across tourism, to ensure a fair deal for all and an end to the unfair misrepresentation that our sector has endured.”

Parliamentary Questions:

S6W-06964: Mark Griffin, Central Scotland, Scottish Labour, Date Lodged: 01/03/2022 R

To ask the Scottish Government, in light of the publication, Planning circular 01/2021: Establishing a Short-term Let Control Area, which is described as being out of date until a new version is made available in Spring 2022, what impact this will have on the (a) control area designation process by local authorities and (b) approval of designation applications by Scottish Ministers.
Current Status: Expected Answer date 15/03/2022

S6W-06962: Mark Griffin, Central Scotland, Scottish Labour, Date Lodged: 01/03/2022 R

To ask the Scottish Government what its process and timeline is for considering whether to approve the City of Edinburgh Council short-term let control area designation.
Current Status: Expected Answer date 15/03/2022