Seòmar agus comataidhean

Before the licensing legislation, or any other Government legislation, is laid at the Scottish Parliament, government lawyers carry out robust analysis to ensure that it is competent. For the licensing legislation, that means ensuring that the SSI is made within the parameters and powers of the Civic Government (Scotland) Act 1982.

The licensing SSI also makes modifications to the 1982 Act itself, in order to give effect to the licensing scheme. This too was carefully considered in terms of whether the changes proposed were legally competent.

The tourist services – short-term rental initiative consulted on by the European Commission between September and October 2021 is still at an early stage and further details have not been confirmed. The consultation notes that the general proposal is for regulation, which would be in line with the approach we have set out in our legislation.

I refer the member to the answer to question S6W-05420 on 24 January 2022. All answers to written Parliamentary Questions are available on the Parliament's website, the search facility for which can be found at https://www.parliament.scot/chamber-and-committees/written-questions-and-answers

Our regulatory proposals will give local authorities powers to strike a balance between the needs and concerns of their local communities, with the wider economic and tourism benefits of short-term lets. In certain areas, achieving this balance may require a reduction in numbers of whole homes offered for short-term lets and local authorities have been given powers through the planning control area regulations to help manage activity in their area.

We do not have an estimate of how many short-term lets will return to the long-term housing market as this depends on how local authorities use the powers they are being given.

I refer the member to the answer to question S6W-05400 on 24 January 2022. All answers to written Parliamentary Questions are available on the Parliament's website, the search facility for which can be found at https://www.parliament.scot/chamber-and-committees/written-questions-and-answers

I refer the member to the answer to question S6W-05407 on 24 January 2022. All answers to written Parliamentary Questions are available on the Parliament's website, the search facility for which can be found at https://www.parliament.scot/chamber-and-committees/written-questions-and-answers

I refer the member to the answer to question S6W-05411 on 24 January 2022. All answers to written Parliamentary Questions are available on the Parliament's website, the search facility for which can be found at https://www.parliament.scot/chamber-and-committees/written-questions-and-answers

I refer the member to the answer to question S6W-05400 on 24 January 2022. All answers to written Parliamentary Questions are available on the Parliament's website, the search facility for which can be found at https://www.parliament.scot/chamber-and-committees/written-questions-and-answers

I refer the member to the answer to question S6W-05411 on 24 January 2022. All answers to written Parliamentary Questions are available on the Parliament's website, the search facility for which can be found at https://www.parliament.scot/chamber-and-committees/written-questions-and-answers

The Scottish Government has engaged widely with stakeholders and partners about the introduction of a licensing scheme for short-term let accommodation. Since January 2020, Ministers and or Scottish Government officials have had 13 meetings with representatives from different local authorities in Scotland. Details of these meetings, including when control areas were discussed, can be found in a recent Freedom of Information response at: https://www.gov.scot/publications/foi-202100228791/ .

When deciding to designate all or part of an area as a short-term let control area, a planning authority must submit their proposal to Scottish Minsters for approval. We are aware the City of Edinburgh Council and Highland Council are currently progressing plans to designate control areas, in order to address pressures created by secondary letting, but these have not yet been submitted to Ministers for consideration.

A fundamental purpose of the scheme is to ensure basic safety standards are met in all types of short-term let accommodation across Scotland. It is therefore mandatory for operators and licensing authorities to abide by the scheme, which will help to ensure the safety of guests and neighbours. The Scottish Government would expect local authorities to act in compliance with their statutory duties if a licensing authority did not have a licensing scheme in place by this date, it could be subject to challenge. If a failure to comply with statute was successfully judicially reviewed, the Court of Session could order that particular action be taken to remedy that.

In 2021, we published draft guidance for licensing authorities, letting agencies and platforms to inform our consultation. We are now in the process of reconvening the stakeholder working group, which includes local authority representatives, to update and publish revised guidance to enable operators and licensing authorities to review their preparations for implementation.

The guidance sets out that we want licensing authorities to take a risk-based and proportionate approach that will enable them to sustainably recover their own costs associated with establishing and administering the licensing scheme within a ‘not for profit’ fee based structure. Section F of our updated Business and Regulatory Impact Assessment (BRIA) , published on 23 November, also provides further information about recovery of costs through fees.

In line with Scottish Government’s Digital Strategy, we have encouraged licensing authorities to work towards a digital first approach to administering the scheme. We have also encouraged licensing authorities to have paper copies of relevant information, and the application form, available upon request for people who cannot access them online and to provide support to access online services at their offices.

I refer the member to the answer to question S6W-05411 on 24 January 2022. All answers to written Parliamentary Questions are available on the Parliament's website, the search facility for which can be found at https://www.parliament.scot/chamber-and-committees/written-questions-and-answers