ASSC Submits Critical Evidence to Third Scottish Government Short-Term Lets Consultation

ASSC Submits Critical Evidence to Third Scottish Government Short-Term Lets Consultation

The Association of Scotland’s Self-Caterers has submitted its response to the latest Scottish Government consultation on short-term lets.

In its comprehensive and evidence-based submission, the trade body representing the Scottish self-catering sector points to serious government failures to acknowledge the industry’s concerns over the impending licencing scheme.

If implemented, the scheme could cost a modest three-bedroom self-catering property £2,000, far in excess of the Scottish Government’s estimate.

The document points out that the heavy-handed scheme remains completely unfit for purpose even in its revised form and has been unable to convince the industry of the data supporting it.

It also highlights that only superficial changes have been made to support self-catering operators or B&Bs

The ASSC has also argued that the proposals will have a hugely detrimental impact on Scotland’s tourism sector, particularly in rural and remote areas, and form part of an ill-fitting and overreaching approach that fails to consider or address localised issues.

Self-caterers have also drawn attention to legal issues with the licensing scheme, suggesting that it is incompatible with the Provisions of Services Regulations, European Convention on Human Rights, and the Scottish Regulator’s Strategic Code of Practice on several serious points.

The licensing scheme, combined with the control area plans which may be imposed on operators in Edinburgh, would comprise the most restrictive framework in Europe which has the potential to scupper the industry’s recovery in the aftermath of the COVID-19 pandemic.

Rather than continuing along this path, which threatens the future of a key part of Scottish tourism, the ASSC has urged legislators to consider a mandatory programme of registration containing health and safety provisions, an approach that has near-universal industry support.

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

“The Scottish Government’s licensing proposals continue to represent a real threat to Scottish self-catering and are comprehensively and demonstratively unfit for purpose.

“Rather than this blunderbuss approach, the government should listen to our concerns and evidence-based insight, and seriously consider the industry’s mandatory registration scheme.”

“While up until now this process has been a string of disappointments and let-downs, it is not too late for the government to change its course, stay to true to its pre-election promises to the industry, and back small business for a sustainable recovery from Covid-19.”

Read the Consultation Response: ASSC Consultation Response 13.8.21

Read More:

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SNP minister: Short-term lets plans could penalise rural businesses

SNP confirms short-term lets licensing delay as opt-out plans drawn up

‘It’s a sham’: Tourism bosses quit SNP’s Airbnb crackdown group

SNP facing legal threat over plans to crackdown on Airbnbs

Press Coverage

Many businesses across Scotland’s tourism industry are ‘falling through cracks’ in the Scottish Government response to COVID-19, according to four surveys undertaken by leading Scottish tourism organisations.

ASSC, ASVA, Wild Scotland, and Sail Scotland have all found that significant numbers of the businesses they represent have been damaged and many jeopardised by a lack of Scottish Government action.

  • ASSC: Many self-caterers are in a difficult or precarious situation, with 32% open at reduced occupancy, 16% operating at breakeven levels, with a further 16% open but remaining unviable.
  • ASVA: 9 in 10 attractions that are not recovering from the impact of the pandemic at present.
  •  Wild Scotland: 36% of those that are open remain unviable.
  • Sail Scotland: 53%  businesses say they are open but remain unviable.

The four sector bodies have come together to make a plea to the Scottish Government for clearer communication, the easing of household restrictions, and changes to physical distancing measures

Scottish tourism has acted in an exemplary way throughout the COVID-19 pandemic, suffering heavy losses to help the national effort, and now is the time for the Scottish Government to help it rebuild.

Read the Press Release

Herald, Tourism operators plead for more help, 17/06/21

Daily Telegraph, Nicola Sturgeon apologises to businesses for poor lockdown communication, 16/06/17

Scotsman, Scottish tourism leaders warn businesses and attractions are at risk of collapse over prolonged ‘crippling’ restrictions, 16/06/21

Herald, Covid Scotland: Tourism operators warn ‘help us before it’s too late’, 16/06/21

Scottish Business Insider, Scottish tourism associations claim ‘businesses have fallen through the cracks’ during Covid, 16/06/21

STV also news ran with it as their top story on last night’s 18:00 broadcast, 17/06/21

McArthur Questions Government over Short-Term Lets Legislation

Speaking today (Wednesday) in the Scottish Parliament, Orkney’s MSP, Liam McArthur, questioned the Scottish Government over timing and nature of proposed regulation of short-term lets.

Mr McArthur reminded parliament that earlier government proposals for licensing the sector had to be abandoned at the eleventh hour as they were widely condemned as being “unfit for purpose”.

He went on to press the Cabinet Secretary for Social Justice, Housing and Local Government, Shona Robison MSP, to look again at supporting mandatory registration, proposed by the Association of Scotland’s Self-Caterers, which would be less onerous but deliver many of the objectives behind the government’s proposed licensing scheme.

Responding to Mr McArthur, Ms Robison rejected the ASSC proposal and confirmed that an updated set of regulations would be published “shortly”.

In February, the Scottish Government withdrew draft legislation aimed at regulating short-term lets after a backlash from the tourism sector over the disproportionate effect it would have on smaller businesses. At the time, Orkney’s MSP welcomed the withdrawal of the proposals and called for “better and proper consultation with rural and island businesses” on the revised guidance.

The planned licensing scheme came in response to concerns from residents in some popular tourist destinations that the growth of short-term lets, such as AirBnBs, was pushing up rent levels for other properties. It was also seen as a way of dealing with alleged ‘anti-social behaviour’ in certain urban areas. However, concerns were raised over the practicalities of the legislation and the impact it would have to local self-catering and bed and breakfast accommodation businesses.

Commenting after the exchange in parliament, Mr McArthur said:

“It is disappointing to hear that SNP Ministers remain wedded to idea of introducing a licensing scheme.  This has been described by some in the local tourism sector as using a ‘hammer to crack a nut’.

“Ministers insist that licensing is needed for safety reasons, but health and safety regulation is already in place to deal with this.

“Meanwhile, few in the tourism sector believe that the government’s scheme can be delivered at minimal cost, as was suggested again today by the Cabinet Secretary. 

“Even were this the case, given what the tourism sector has been through over the last year or so, adding further costs and burdens to these small businesses is the last thing government should be doing right now. That is particularly true when the measures are unlikely to deliver any actual benefits.

“Even at this late stage, I would urge the government to look again at the proposals put forward by the sector for mandatory registration of short term lets. This could help deliver many of the same objectives as licensing in a more proportionate way.

“Given the potential impact these measures could have on businesses within Orkney’s key tourism sector, Ministers need to continue to consult with those most directly affected”.

ENDS.

Mr McArthur took the opportunity during a session of Portfolio Questions on Social Justice, Housing and Local Government. You can watch the proceedings here.