The Civic Government (Scotland) Act 1982 (Licensing of Short-term Lets) Order 2022

Temporary exemption from the requirement to have a licence

6.  After paragraph 1 (applications for the grant and renewal of licences) insert—

“1A.— (1) A licensing authority may, on application made to it, grant an exemption from the requirement to obtain a short-term let licence in relation to a specified property or properties and during a specified period (which must not exceed 6 weeks in any period of 12 months).

(2) A licensing authority may consult the chief constable and the Scottish Fire and Rescue Service in relation to an application made under sub-paragraph (1).

(3) A licensing authority may attach conditions to an exemption granted under sub-paragraph (1), and the provisions of Part I of this Act relating to the attaching of conditions to licences apply to the attaching of conditions to exemptions under this subsection.

(4) A licensing authority may elect not to grant exemptions under sub-paragraph (1) for—

(a) any premises, or

(b) for a class or classes of premises.

(5) A licensing authority must publish, and keep under review, a statement of its policy in relation to the exercise of its functions under this paragraph.

(6) A licensing authority must publish a policy statement under sub-paragraph (5)—

(a) on or before 1 October 2022, and

(b) on or before 1 October every three years thereafter.

(7) In preparing and reviewing a policy statement under sub-paragraph (5), a licensing authority must consult with such persons as the licensing authority considers appropriate.

(8) A policy statement published under sub-paragraph (5) must include information regarding—

(a) the fees chargeable for a temporary exemption application, and

(b) the time period within which the licensing authority will reach a final decision on a temporary exemption application.

(9) The policy statement published under sub-paragraph (5) must be made available on the licensing authority’s website.”.