Category: Member Benefits
Parity with Private Landlords
The ASSC recommends that the Scottish Government review whether licensing is the correct conduit to deliver the legislation most effectively. The ASSC suggests that there should be a review of how applications are handled in light of landlords registration, pivoting the licensing legislation to align with the Antisocial Behaviour etc (Scotland) Act 2004. This would satisfy the aims of the regulations, covering the safety of the activity and any antisocial behaviour.
Alternative methods have been explored and presented to the Scottish Government, but we consider this approach to be the most proportionate and effective given the Scottish Government’s position on these regulations.
Landlord’s Registration lasts for three years, mirroring exactly the health and safety aspect of the short-term let policies. A landlord receives notification that the registration is due for renewal and the application can be made online or on paper. 14 local authorities will only accept online applications for STL licences, which amounts to discrimination.
Renewals are not onerous or burdensome, requiring confirmation that a landlord continues to comply with the statutory guidance, which covers the same health and safety requirements of the short-term let licence. There is no requirement for layout or site plans showing fire protection etc, maximum occupancy or additional conditions. The cost across Scotland is £68 for principal owner plus £16 per property (plus £137 for late application). This is considered to be proportionate, targeted and appropriate, and the small accommodation sector would welcome this regulation.
The Scottish Government’s BRIA stated that STL fees were meant to fall within a bracket of £214-£436 for a three-year licence, based on the principle of cost recovery.
However, we note that the following councils have fees that are higher than the Scottish Government’s expectations: Aberdeen, Aberdeenshire, Argyll and Bute, City of Edinburgh, Dundee, East Dunbartonshire, Highland, Midlothian, Perth and Kinross, Renfrewshire, South Lanarkshire, and West Dunbartonshire.For instance, for City of Edinburgh Council it is up to a maximum of £5,869 for secondary letting and £1,130 within Argyll and Bute Council for secondary lets.
- How can the Scottish Government be sure that licensing authorities can demonstrate that they are compliant with the legislative directive to be charging fees on a cost recovery basis?
- How can it cost £84 to administer private landlord registration, yet the same process seeminly costs £5,869 per annum in Edinburgh?
This is not parity. It is discrimination.
Evidence to LGHP Committee January 2023
STA Local Visitor Levy Manifesto
Ahead of the Scottish Government’s plans to introduce legislation that will give local authorities the power to introduce a visitor levy, as the recognised overarching tourism body for Scotland, the Scottish Tourism Alliance (STA) has produced a Local Visitor Levy Manifesto with Recommendations.
The Manifesto was developed with STA’s Council and Board – which includes widespread representation from across the tourism, hospitality, supply, and business sectors – and in consultation with our Destination Forum Group.
In the event that visitor levy legislation is introduced, the tourism industry is committed to working closely alongside the Scottish Government and local authorities to ensure that it is executed in the most effective way and used as a force for good, with net revenue raised reinvested in local tourism priorities that contribute to making Scotland a world leader in 21st century tourism.
It is crucial that there is proper scrutiny, impact assessment and analysis ahead of the legislative process getting underway, with a key role for the newly formed Regulatory Joint Taskforce in considering the concerns from sectors around the significant cost or operational impacts of introducing the power to charge a local visitor levy.
This must happen to secure widespread buy-in from all key stakeholders, particularly visitors who will have to pay a levy, businesses that will need to manage its collection, and local authorities dealing with its administration.
What must not happen is a repeat of the issues experienced concerning the introduction of the Short-Term Lets Licensing Scheme and Deposit Return Scheme. A consistent, national, cross-sectoral, and transparent approach is integral to its success.
We strongly believe that renewed consultation is needed with the tourism industry and proper financial costings undertaken before proceeding with introducing the proposed legislation.
We are inviting the Scottish Government to consider in detail and respond to the recommendations contained in our Manifesto, particularly providing clarity on whether VAT will be applied to a visitor levy and transparency about the unintended consequences this could create.
The introduction of a visitor levy must not have an inadvertent impact on businesses, which continue to undergo recovery following the COVID-19 pandemic and the current financial crisis.
Collectively, we must ensure that if a visitor levy is to be introduced, it should be done in a coordinated and clear way that places the enhancement of Scotland’s tourism offer at its heart.
Read the manifesto: Scottish Tourism Alliance – Local Visitor Levy Manifesto