Legislation for Licensing Scheme withdrawn from Scottish Parliament

The following announcement has today (18th February 2021) been made by Scottish Government

Legislation for a short-term lets licensing scheme has been withdrawn from the Scottish Parliament to allow for draft guidance to be developed.

A stakeholder working group has been established to help develop the guidance and meets today for the first time. The guidance will help to provide reassurance on the operation of the scheme to operators and hosts in the sector.

Subject to the outcome of the election, the Scottish Government intends to re-lay the legislation before Parliament in June, accompanied by the draft guidance, to ensure that the timetable on introducing licensing remains the same.

The Government will continue with legislation allowing councils to establish short-term let control areas. This legislation will empower local authorities to implement short-term let control areas, if they wish to do so, to address pressures created by whole property short-term lets, ensuring that homes are used to best effect in their areas.

Letter from Kevin Stewart MSP

SHORT-TERM LETS: LICENSING ORDER

I am writing to advise you that I have decided to withdraw the Civic Government (Scotland) Act 1982 (Licensing of Short-term Lets) Order 2021. This Government’s intention, subject to the outcome of the election, is to re-lay the Order in June and keep to the timetable we have set out.

This will allow us to address the concerns raised by Members who are not content to pass this Order presently by ensuring we can also provide the draft guidance on the licensing scheme with the new Order. This will also provide further time to address the points raised by the Delegated Powers and Law Reform Committee and make any other adjustments needed to the Order following further stakeholder engagement.

As you know, we have established a stakeholder working group to develop guidance on the licensing scheme and control areas that is clear, comprehensive and easy to understand. The first meeting of the working group is taking place today. The work of that group will continue as planned and it will actively explore solutions to issues raised by operators, with a view to identifying any changes to the legislation that may be needed.

This revised approach will facilitate Members in understanding how the concerns of operators and hosts have been addressed and in seeing, through the draft guidance, how the licensing scheme will operate in practice.

I remain firmly of the view that legislation is needed and I want to reassure affected residents and communities across Scotland of our commitment to deliver this, subject to the outcome of the election.

Our proposals to licence short term lets were developed in response to many concerns raised by residents in communities across Scotland and also by Members in all parties. Our proposals provide local authorities with the powers they need to balance community needs and concerns with wider economic and tourism interests that best suit their communities. Safety of those using short term lets is vital and our proposals will ensure that all short-term lets across Scotland adhere to a common set of safety standards as well as allowing local authorities to tackle issues such as antisocial behaviour. I want to emphasise that our proposals and timetable remains the same, giving councils time to tailor their scheme to local needs and we know they want to take action to protect visitors and residents.

Therefore, this government remains committed to the following dates which are set out in the Order:

  • 1 April 2022 – for local authorities to open a licensing scheme;
  • 1 April 2023 – for all existing hosts to have made an application for a licence; and
  • 1 April 2024 – for all hosts providing short-term let accommodation in Scotland to be

    licensed.

    We will also use this additional time to work with hosts and operators and local authorities to make sure the licensing scheme is as efficient and effective as it can be.

    We are continuing with the Town and Country Planning (Short-term Let Control Areas) (Scotland) Regulations 2021 and I hope that the Scottish Parliament will approve this instrument.

    I would also like to place on record my thanks to the Committee for their work in consideration of both the Licensing Order and Control Area Regulations.

    I hope the Committee finds this information helpful and I am copying this to Business Managers.

    Kind regards

    KEVIN STEWART

 

Press Release: Excluding Self-Catering from Top-Up Grants “Grossly Unfair”

Scotland’s trade body representing the self-catering sector has condemned the Scottish Government’s decision to exclude the industry from top-up grants.

The Association of Scotland’s Self-Caterers (ASSC) has slammed the decision, calling it “grossly unfair” and “part of a pattern of contempt and neglect” that the government has shown the sector.

Finance Minister Kate Forbes and officials within the Scottish Government’s Tourism Directorate made the decision, announced on Monday 11 January, which will see hospitality business owners across the country benefit from an additional £3.3million in top-up grants which are inextricably linked to the Strategic Framework  Business Fund (SFBF).

Despite being eligible for the framework fund, albeit for the duration that Scotland remains in a Level 4 lockdown, self-caterers have been explicitly excluded from the top-up money with only the flimsiest excuses being offered.

The decision to omit self-catering from the top-up grants is illogical and unfair – especially as many hospitality businesses, such as restaurants and cafes, who rely on the economic footfall of self-catering, will be eligible for support.

Additionally, the ASSC has observed a lack of willingness to communicate fully with representatives of the sector.

The decision to leave Scotland’s vital self-catering sector without access to this much needed money will see many business owners thinking seriously about the viability of their businesses and further jeopardises the livelihoods of the thousands who work in the industry.

Many self-catering businesses have been closed since 23rd September 2020 but unlike other sectors, they have not received financial support from the Scottish Government. The £7m sector support grant announced on 21st December will be targeted at businesses that have been impacted by the Rule of One Household. It will not reach vast swathes of the sector.

Each day that passes with no action puts more businesses at risk of closure.

Despite claiming that it prizes Scotland’s tourism offering, the Scottish Government has failed to pass on the consequentials to self-catering in what is being seen as an additional let-down for the industry.

Many within the self-catering sector have been deeply disappointed in and critical of the Scottish Government’s support for the sector throughout the pandemic, citing the effort put in by many across Scotland which has thus far been unrewarded.

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

“The decision to leave Scotland’s self-caterers out of this crucial round of additional funding is grossly unfair and must be corrected immediately – or many of us will simply lose our livelihoods.

“If the Finance Minister is intent on sticking by this poor decision, it is now imperative that she explain in detail what reasoning, if any at all, lies behind it.

“How can she seriously justify cherry-picking one section of the tourism and hospitality sector over another when it comes to funding eligibility?”

“Trust in the Scottish Government within our sector has all but evaporated as this pattern of contempt and neglect seems set to continue.

“It is becoming increasingly clear that they do not understand our sector and are making no attempt to try and understand our sector.”

“Our members have contributed so much, creating memory-making holidays for millions of visitors as well as millions of pounds for the Scottish economy, so to be continually and capriciously let down by the thoughtlessness pouring out from St Andrew’s House is really more than many of us can stomach.”

ENDS

Press Release: Scottish Tourism Condemns Scottish Government “Bubbles” Fiasco

The Association of Scotland’s Self-Caterers (ASSC), Scotland’s trade body representing the self-catering sector, has joined with other industry leaders to condemn the Scottish Government for failing to work with Scottish tourism on new COVID-19 restrictions.

Representatives from the Scottish Tourism Alliance, the Professional Association of Self-Caterers UK, Scottish AgriTourism, Visit Inverness Loch Ness, Visit Moray Speyside, Visit Arran, South of Scotland Destination Alliance and the Wales Tourism Alliance amongst others have come together behind the strong criticisms of the recently published rules.

The last-minute changes will have a severe and negative impact on the sector which has already been unfairly burdened by government measures, despite cooperating fully with government throughout the pandemic.

Ministers have decided that Scots can get together in so-called “festive bubbles” when restrictions are relaxed temporarily between 23 December and 27 December.

However, the decision was made without proper consultation with, or consideration for, Scotland’s already hamstrung £723million traditional self-catering sector, a decision the ASSC strongly condemns.

Of particular concern to self-caterers is the extremely limiting measure that will mean that someone from any given “bubble” intending to stay in self-catering accommodation will need to live in the local authority that the self-catering property is located in.

The ASSC has also slammed the government for failing to communicate adequately with the industry.

Worse still, the new limitations place an unfair burden on Scotland’s hard-working self-caterers who will have to enforce the rules themselves as it has been left to them to establish that visitors to their properties are members of the same bubble and that at least one household participating is from within the local council area.

The ASSC also condemned the fact that the poorly considered proposals deviate from the four nations approach and as such has caused confusion and worry for operators both in Scotland and across the United Kingdom.

Members of the ASSC were among the first to respond to calls to limit the spread of the virus by shutting down their properties, at great personal and professional cost, and have also led the way to economic recovery by reopening early with government-backed cleaning protocols in place.

The contribution the sector has made to the effort against COVID-19 has made it even more disappointing that the Scottish Government has made such a short-sighted, ill-considered, and ambiguous decision that will impact many Scottish small business owners in a negative way.

ASSC Chief Executive, Fiona Campbell, said:

“It is frankly devastating that the Scottish Government has acted in such a thoughtless manner towards our sector – they’ve created nothing short of a fiasco in our industry.

“Our sector has worked tirelessly, and endured so much strife, as part of the effort against COVID-19 so to be forgotten in this way feels like a stab in the back from a government that we thought we had a good relationship with.

“We can only hope that ministers listen to our concerns, and those of our valued colleagues across Scottish tourism, before all we have are a collection of empty properties, broken businesses, and shattered dreams.”

Marc Crothall, CEO of the Scottish Tourism Alliance, said:

“I have raised the issue of communication with government officials on the weekly STERG call today and again stressed the importance of industry having clearer and more timely communications re guidance both to avoid confusion for business and our visitors looking to book.

When every penny counts and people are stretched  the need to make all coms clear to all from the outset is essential so business and visitors know what they can and cannot do and effective planning and forecasting can be done.

“It is difficult enough right now for all business’ to manage through this pandemic, whilst the industry appreciates that there continues to be lots of moving parts and everyone is stretched it’s all the more reason for the need for utmost clarity in all communications.

“This will avoid what has in the past caused much uncertainty, lots of upset, avoidable administration, and significant loss of business for some.”

ENDS