Cllr Neil Ross Regulatory Convener said: “We had always committed to reviewing the licensing scheme after it had been operating for a year and we did that last summer.
“We made some improvements to our policy at the beginning of year, following feedback from residents and the industry, and this is the final change agreed at Committee. The intention is to make our scheme as fair and reasonable as we can for residents, visitors and operators.
“I will also be writing to the Scottish Government’s Minister of Housing to ask for greater clarity on short term let licensing condition MC13 (planning permission), which some residents and short term let operators find confusing, and to see how this might be addressed.”
The Association of Scotland’s Self-Caterers (ASSC) is calling for urgent action to rectify yet another blunder afflicting Scotland’s tourism industry, this time stemming from a deeply flawed implementation of the new Non-Domestic Rates (NDR) process for self-catering holiday accommodation.
The ASSC has been made aware of thousands of self-catering operators being unjustly removed from NDR – and in some cases taken to Tribunal for allegedly failing to provide evidence of the 70 nights’ occupancy rule for the 2023–24 period.
Critically, operators failed to receive formal requests for evidence from Scottish Assessors which were sent out by untracked mail, despite easily being able to evidence the required occupancy. This is once again penalising legitimate small businesses – who do so much to boost local economies across Scotland – and was clearly not the policy intention.
Many long-standing and compliant businesses have not only been unlawfully removed from the valuation roll and commercial water and waste provision, but also hit with double council tax bills and are facing severe emotional and financial distress – all without ever receiving the legally required Assessor correspondence.
Recent ASSC survey work highlighted 63% of operators never received the formal evidence request letters; 95% of delisted businesses were able to prove compliance with letting requirements; and 81% have been billed for second home council tax, some facing eyewatering charges of up to £120,000.
To compound matters, in a response to a recent parliamentary question from Alexander Stewart MSP, Cabinet Secretary Shona Robison suggested that operators could benefit from relief schemes – however, this completely misses the point: if a business has been removed from the NDR system altogether, it cannot access any such support. This fundamental misunderstanding highlights just how disconnected the Scottish Government is from the realities facing the self-catering sector.
Recent figures from the Scottish Government [1] showed an anomaly in the number of properties removed from the valuation roll in 2023–2024 — more than double any previous year, with 3,810 removals compared to 1,540 in 2022–2023.
This latest development comes in the wake of the ongoing STL licensing and planning shambles, which has squeezed the supply of available accommodation while pushing up costs – especially in Edinburgh, the most expensive major city break destination in western Europe according to a recent Post Office Travel Money analysis.
The industry is now increasingly alarmed by the current impasse on the treatment of self-catering accommodation within the NDR framework despite pleas to relevant stakeholders. While Assessors assert that they are merely applying existing legislation and cannot act without further instruction or legislative change, Scottish Ministers maintain that Assessors are independent and therefore beyond intervention.
The self-catering sector therefore finds itself in a troubling Catch-22 scenario which it hopes can be resolved through urgent and pragmatic leadership to ensure self-catering operators receive the fair treatment they deserve.
Fiona Campbell, CEO of the Association of Scotland’s Self-Caterers, commented: “This policy was introduced to remove economically inactive second homes from benefiting from NDR relief, which we support.
“It was never meant to target legitimate small businesses. The system has failed and it is now punishing the very operators who support our tourism economy and rural communities. We urge the Scottish Government and Assessors to act swiftly and lawfully to correct this injustice.
“As we approach the busy summer season, the last thing the Scottish self-catering needs is yet another debacle hitting our sector, hot on the heels of the accumulated regulatory burden from short-term let licensing and planning regulations, and before local tourist taxes are imposed.
“This relentless uncertainty is not only damaging livelihoods – it is placing a significant strain on the mental health and wellbeing of small business owners who are already under immense pressure.
“Operators want to get back to what they do best but can’t do this with both hands tied behind their back. We need urgent leadership to restore consistency, fairness, and confidence in the system before it is too late.”
Proposals to introduce a strict licensing framework for canine fertility businesses have been announced.
The planned licensing scheme will clamp down on unethical breeding practices, regulate the services offered, ensure higher standards of care and protect animal welfare.
Businesses offering canine fertility services will be licensed annually, and subject to regular inspections to ensure compliance with licensing conditions.
The proposals are a response to concerns raised by those in the veterinary profession and key animal welfare organisations regarding the unregulated nature of businesses offering canine fertility services.
Agriculture Minister Jim Fairlie said: “It is clear to me that there are significant concerns about the activities of canine fertility businesses. It is unacceptable that these businesses can operate with little in the way of regulatory oversight or accountability.
“Our decision follows careful consideration of the views expressed following public consultation last year, as well as extensive discussions with those in the veterinary profession, animal welfare organisations and local authorities.
“Our intention to bring in these measures demonstrates that we remain firmly committed to upholding the highest standards of animal welfare in Scotland.”
Scottish SPCA Director of Innovation and Strategic Relations Gilly Mendes Ferreira says: “We have seen a surge in the establishment of canine fertility businesses in recent years, especially involving high value breeds like French Bulldogs who often struggle to give birth naturally.
“We welcome the Scottish Government’s responsiveness to our concerns and support the move to license these businesses. It will be imperative that licensing inspections are conducted by registered, experienced veterinary surgeons.
“We look forward to collaborating closely on the details of the new framework for licensing these establishments in Scotland.”
The British Veterinary Association (BVA) has welcomed proposals announced today (16 August) by the Scottish Government to crack down on unregulated canine fertility clinics and unethical dog breeding practices in Scotland, following a sustained nationwide campaign by vets and animal welfare organisations.
Under the planned scheme, any businesses offering dog fertility services will need to get an annual licence and be subject to regular inspections.
The announcement follows recommendations published by BVA and BSAVA earlier this year, which included the licensing of establishments offering canine breeding services, a strengthening of enforcement of existing animal welfare regulation, and the closure of the legal loopholes that are allowing unregulated breeding practices to flourish.
Responding to the Scottish Government announcement, BVA President Dr. Anna Judson said: “The British Veterinary Association is pleased to see the Scottish Government act on the veterinary profession’s recommendations and take the lead in clamping down on unregulated canine fertility clinics.
“Vets across the UK have raised concerns over the growth in facilities offering dog breeding services without any qualifications or veterinary oversight over the last few years, fuelling a potential animal welfare disaster.
““Licensing is a hugely important first step in this crackdown. Any dog breeding facility must also have a named RCVS-registered vet in place, with requirements for active veterinary involvement and oversight at the facility at all times.
“Of course, licensing can only be successful if it is accompanied by mandatory inspections, sufficient funding for local authorities, and tough penalties for anyone found to be operating outside the law. We look forward to working with the Scottish Government in the development of a robust licensing framework.
“We are now calling on governments in England, Wales and Northern Ireland to follow suit and act swiftly to address this pressing issue of dog welfare and breeding.”
Recommendations from BVA and BSAVA’s joint policy position on canine breeding services, published in January this year, can be seen at:
Residents and industry are being encouraged to share their experiences of Edinburgh’s short term lets (STL) licensing.
Available to take part in online until October, the Council has launched a 12-week consultation as part of a planned review of the local policy. This is in line with a decision taken in 2023 that the city’s policy would be reviewed after a year.
The exercise will allow residents, stakeholders and businesses affected by the operation of the scheme to offer comments and feedback, with targeted discussions with resident groups, industry bodies and other key stakeholders also set to take place. This will cover the Council’s approach to secondary letting, temporary exemptions, fees, and the application process.
Regulatory Convener, Councillor Neil Ross, said: “Since we launched Edinburgh’s STL licensing policy in October 2022, we’ve granted over 1500 applications. This is helping to ensure holiday lets are safe and properly regulated in our city.
“We now want to hear how the scheme has impacted the residents and businesses of Edinburgh. The opportunity for everyone to input into how the short term lets licensing scheme is working was a commitment we gave last year and over the coming weeks, we want to hear your views.
“I’m confident this will help us to better understand how people are finding the regulation through licensing of short-term lets in Edinburgh and help inform any future decision making.”
A report highlighting the results and further recommendations will be brought forward in the Autumn.
The Scottish Government has reminded short-term let operators in Scotland to apply for a licence before the 1 October deadline, highlighting that no application so far has been rejected.
Licensing has been introduced to ensure short-term lets in Scotland are safe and meet consistent quality standards, including having gas certificates and suitable electrical equipment.
Official statistics published today, dating up to 31 March this year, show that across 32 local authorities, no applications submitted for a short-term let licence have been refused.
Housing Minister Paul McLennan said: “Quality short-term let accommodation is vital to Scotland’s tourism sector and wider economy. It aims to protect the reputation of responsible operators and ensure the sector is regulated in line with other accommodation such as hotels and caravan parks, giving guests assurance of consistent safety standards.
“There has been a lead time of almost two years to the October deadline. Official statistics published today cover only up to the end of March and we know many more hosts have applied in recent months.
“Operators can take confidence that local authorities are working pragmatically to support new licensees through the application process – and we can see from the information that no completed applications had been rejected in the period, or since.
“So, I would repeat calls to everyone within the industry to back the scheme and encourage short-term let operators to apply for a licence in good time and before the 1 October deadline.”
Maree McLeod, owner of The Gatehouse in Reay, near Thurso, said: “The licensing scheme will ensure guests know properties like ours are of the highest standard and are compliant with the latest safety regulations.
“I have spent a lot of time and money ensuring our business is of the highest quality. We try our best to do the best. It is therefore pleasing that other short-term lets will be brought to that same level. By doing this, Scotland will become an international leader in this market.
“The process of applying for a short-term let with Highland Council was made easy and straightforward because of the really helpful team there. I would encourage every owner to go through the process of obtaining a licence. It not only marks out the property as a leader in its class, it marks out the owners too.
“Our business has improved through this process.”
Short term let licences last for three years, the average cost of applying is set out below:
Home sharing application median fee range £250 – £390
Secondary let application median fee range £333 – £550
Median fee for a home share let with occupancy of 2 – £257
Median fee for a secondary let with occupancy of 4 – £405
Median fee for a secondary let with occupancy of 6 – £451
Median fee for a secondary let with occupancy of 10 – £518
An average 6 occupancy (often 3 bedroom) property, which required new safety certification, would pay £451 for a licence, which would last for three years, plus around £290 in safety certification and a £59 EPC certificate.
The public is being asked for views on alkaline hydrolysis (water cremations), burials, funeral director licensing and funeral sector inspections in four separate public consultations.
The regulations proposed in the consultations aim to protect the dignity of the deceased and increase confidence in the funeral sector by ensuring minimum standards of good care and services are maintained.
Responses to the consultation on the Burial and Cremation (Scotland) Bill showed there was public support for the introduction of new, environmentally friendly alternatives to traditional burial or cremation in Scotland.
Alkaline hydrolysis is already in use in other countries, such as Ireland, Canada and USA. This consultation sets out the safeguards which would be put in place to ensure alkaline hydrolysis would be subject to the same high standards as burial and cremation.
Public Health Minister Jenni Minto said: “Bereavement can be emotionally overwhelming and being able to engage with the practical issues and funeral arrangements can be very difficult.
“However, it is something everyone is likely to experience at some stage in their life, whether it’s the death of a family member, a loved one, or a friend.
“Having confidence in the care and dignity given to our loved ones, along with the compassionate and professional treatment of those bereaved, can go some way to alleviating that distress. The rare instances where this does not happen satisfactorily can have long-standing impacts on people.
“This is why we need to ensure we get the right policy and legal frameworks in place and I urge anyone with views on the issues in these consultations to take the time to respond.”
National Association of Funeral Directors Scotland President Mark Shaw said: “The National Association of Funeral Directors is delighted to welcome and support the public consultations into key areas that will help shape the funeral sector in a new, regulated landscape.
“These new regulations designed to support the oversight of standards in the funeral sector will provide reassurance and security to bereaved people and funeral directors, while the proposed introduction of alkaline hydrolysis, or water cremation, is a step froward in offering future alternatives to burial and cremation.
“These are incredibly important next steps to support bereaved people, and we urge everyone to have their say.”
National Society of Allied Independent Funeral Directors (SAIF) Scotland President James Morris said: “SAIF Scotland are encouraged to see the process of regulation reach the public consultation stage.
“Regulation of the Scottish funeral sector will maintain and ensure the high standards of funeral service, care of the deceased and delivery to the tens of thousands of families in need of a funeral director each year.
“SAIF Scotland looks forward to continuing to work with the Scottish Government on what has been an open and consultative process and has thoughtfully addressed concerns shared by both the Government and the funeral sector.“
Existing short-term let hosts across Edinburgh have less than two months to submit their application for a licence and new hosts need to obtain a licence before they can start accepting bookings or receiving guests.
• The deadline for existing hosts, anyone who operated a short-term let before 1 October 2022 to apply for their short-term let licence is before 1 October 2023.
• The licensing scheme aims to establish consistent standards of accommodation across Edinburgh benefiting visitors and local communities.
• Existing hosts of short-term let accommodation can continue to let out their accommodation while the council makes a decision about their licence application.
• The licence costs depend on the property location, size, and type of let.
Hosts of short-term let accommodation across Edinburgh are being urged to apply for a licence under Scotland’s short-term let licensing scheme. Edinburgh Council’s licensing scheme is currently in operation.
As well as establishing one consistent standard across Scotland for guests and hosts, the short-term let licensing scheme is being introduced to support the communities within which they operate.
It enables local authorities to effectively address local concerns such as increased congestion and investment in community infrastructure, whilst balancing the associated economic benefits of tourism in the area.
Jordan Mitchell, Director, Short Stay St Andrews, said:“As the largest holiday letting agency in St Andrews and the East Neuk, the initial thought of an application process for short-term letting our 130+ managed properties was a daunting one. However, the application process has been plain sailing once we had all the required safety certifications in place.
“Fife Council has been extremely supportive in its quest to process the applications despite the extra pressure on its systems. I can only recommend applying as soon as possible to give your business plenty of time to adjust to the new Scottish Government requirements.”
Paul & Julie Allan, Ayres Rock Hostel and Campsite, Sanday, said: “It was a huge relief to get things sorted.
“Orkney Island Council licensing team were supportive through the whole process and were a good contact point for information and checking the application was filled out correctly.”
Housing Minister, Paul McLennan said: “Short-term let accommodation plays an important role in Scotland’s economy, supporting our tourism and hospitality sector and allowing tourists and holiday goers somewhere to take them closer to the best Scotland can offer.
“I would like to thank those who have already signed up to the scheme across Edinburgh, bringing assurances to tourists that their safety is paramount and that they have met local guidelines.
“There are less than two months to go until the 1 October deadline and so I would urge anyone who owns short-term let accommodation and has yet to apply to do so as soon as possible to ensure you can still take bookings and welcome guests from far and wide.”
For more information about the licensing scheme, whether your accommodation requires a licence and how to apply visit gov.scot/shorttermlets.
Owners of short-term let properties are being urged to apply for a licence under Scotland’s short-term licensing scheme before the 1 October 2023 deadline.
Short-term let hosts must apply for a licence with their relevant local authority before the deadline. Anyone who operated a short-term let before 1 October 2022 can still accept bookings and guests until an application is determined, but must apply before the 1 October 2023 deadline. Owners who started operations after 1 October 2022 cannot begin trading until they receive their licence.
Hosts must apply for a licence with the local authority their property is located and are being urged to check local criteria before making an application.
Local councils’ licensing schemes are in operation across Scotland and many short-term let hosts have already obtained licences.
Housing Minister Paul McLennan said: “Short-term let accommodation plays an important role in Scotland’s economy, supporting our tourism and hospitality sector and allowing tourists and holiday goers somewhere to take them closer to the best that Scotland can offer.
“However, it is also important that there is appropriate regulation in place to ensure the safety of guests, and so that local authorities can make decisions that are right for their local areas. That is why the Scottish Government has introduced the short-term lets licensing scheme.
“I would like to thank those who have already signed up to the scheme, bringing assurances to tourists that their safety is paramount and that they have met local guidelines.
“Visitors coming to Scotland can already expect to see the benefits of properties being licensed and meeting specific standards. Meanwhile, the thousands of short-term let operators who provide a quality service can have the assurance that would-be competitors have to meet licensing standards as well.
“There is only two months to go until the 1 October deadline and so I would urge anyone who owns short-term let accommodation and has yet to apply to do so as soon as possible to ensure you can still take bookings and welcome guests from far and wide.”
Short Stay St Andrews Director Jordan Mitchell said: “As the largest holiday letting agency in St Andrews and the East Neuk, the initial thought of an application process for short-term letting our 130+ managed properties was a daunting one.
“However, the application process has been plain sailing once we had all the required safety certification in place.
“Fife Council has been extremely supportive in its quest to process the applications despite the extra pressure on its systems.
“I can only recommend applying as soon as possible to give your business plenty of time to adjust to the new Scottish Government requirements.”
Owners have until 1 October 2023 to apply for a short-term lets licence, with local authorities required to process applications by 1 October 2024.
As Edinburgh’s summer festivals begin in the Capital, the City of Edinburgh Council’s Culture Leaders have welcomed their return, though urge everyone to play their part for a safe, enjoyable August.
In preparation for the launch of the Art, Book, Fringe, Film and International Festivals, robust plans have been drawn up to allow their safe return. Council officers have worked closely with Festivals Edinburgh, the Summer Festivals, the Scottish Government, Event Scotland and other stakeholders to support the staging of programmes within the latest safety guidance.
Culture Leaders have also thanked all those who have made Edinburgh’s festivals possible in 2021, recognising teams from across the Council, from licensing, events, environmental health and public safety to roads teams, noise and waste services.
This is in close partnership with festival operators, the Scottish Government, NHS, Essential Edinburgh and the Emergency Services, who have collaborated to bring festivals back safely and with a new emphasis on outdoor venues.
Citywide planning began in February with the approach continuously updated and adapted to remain up to date with the latest clinical advice and guidance from the Scottish Government.
While Scotland will move out of COVID level 0 on Monday, festival-goers are being reminded that for this first weekend of celebrations level 0 restrictions will remain in place, and that they should continue to follow the guidance.
From Monday, everyone is still encouraged to take care, practice hand hygiene and give one another space, as well as observing mask-wearing rules.
While delighted to welcome the festivals back, safety has remained a priority for the Council. A wider, more detailed planning process has involved different Event Planning and Operation Group meetings for each festival, all feeding into a citywide forum for overview. This year venues will be spread throughout the city and while traditional venues are being used again, a range of exciting new settings will be brought to life this year.
As in previous years, joint inspections between the Council and Scottish Fire and Rescue Service are now underway ensuring safety at all venues. Throughout the festivals, spot checks will take place as well as daily multi-agency meetings to ensure the safe continued running of the festival.
In addition to safety plans the Council is working with Fringe organisers, as always, to make sure the High Street is kept clean and well managed and would remind everyone that when they’re out and about to always bin litter or take it home.
This summer the Council has added 30 additional litter bins to parks and open spaces across the city, including BBQ bins at Inverleith, Portobello Beach and Leith Links. Additional public toilets have also been installed in six parks and new signage placed on 90+ litter bins in hotspot parks and waterside locations.
Culture and Communities Convener Cllr Donald Wilson said: “We’re incredibly proud to be known as the world’s Festival City and recognise the extremely positive contribution our festivals make to our lives, bringing the arts to Edinburgh in a way no other city on the planet enjoys.
“We are delighted see their return this year but want to assure citizens that public health remains a priority and all the Festivals have planned with this in mind. We’ve been working closely with all the organisers and our partners to ensure they can be enjoyed safely and would remind everyone to follow health advice and keep everyone safe. Please remember that for the first weekend of the festivals, we’re still in level 0 of the restrictions framework, so please observe the guidance in place.
“The city and events sector has responded to the crisis with determination and innovation with either hybrid models of delivery or the creation of outdoor/online programmes and whilst this year sees a much smaller offering it will be fantastic to see some of the buzz return to the city.”
Councillor Amy McNeese-Mechan, the City of Edinburgh Council’s Culture and Communities Vice Convener, said: “The return of live August festivals events and performances truly reflects our city’s ongoing recovery and, of course, our cultural DNA.
“There’s no doubt our festivals were greatly missed last year and it’s going to be fantastic to welcome back audiences and to those visiting we ask them to continue to follow the safety guidance and please enjoy this year’s offering safely.
“The planning for the festivals has been an enormous task especially under the ongoing pressures of the pandemic and I would like to thank all the teams and partner organisations who have worked together throughout to bring some of that festival magic back to the city this year.”
Balancing neighbourhood needs with tourism interests
Consultation on the details of a licensing scheme for short term lets will take place over seven weeks this summer.
Social Justice Secretary Shona Robison has announced the publication of a draft licensing order for consultation, ahead of laying the final legislation at the Scottish Parliament in September.
Stakeholders will now have until 13 August to comment on the licensing order and the draft business and regulatory impact assessment.
Draft guidance documents have also been published to explain how the legislation would work in practice.
Ms Robison said: “Regulation of short term lets is vital if we are to balance the needs and concerns of our communities with wider economic and tourism interests.
“Short-term lets can offer people a flexible and cheaper travel option and have contributed positively to our tourism industry and local economies across the country.
“However, we know that in certain areas, particularly tourist hot spots, high numbers of short-term lets can cause problems for neighbours and make it harder for people to find homes to live in.
“By allowing local authorities appropriate regulatory powers through a licensing scheme, we can ensure that short term lets are safe and address issues faced by local residents and communities.
“It will allow local authorities to understand more fully what is happening in their areas and assist with the effective handling of complaints.”
Under the proposed legislation, local authorities will have until 1 October 2022 to establish a licensing scheme, with all short-term lets to be licensed by 1 April 2024. Existing hosts and operators must apply for a licence by 1 April 2023.
The Scottish Government previously withdrew the Licensing Order from the Scottish Parliament in February. This was to allow for draft guidance to be developed with input from the stakeholder working group.
Ms Robison added: “We want to get this legislation absolutely right. A stakeholder working group was established earlier this year to develop guidance on the licensing scheme that was clear, comprehensive and easy to understand.
“As part of this, the Scottish Government also set out to allay any unfounded concerns and actively explore solutions to any real issues, with a view to making any necessary adjustments to the Licensing Order.
“Stakeholder working group members have helpfully made a range of suggestions for adjustments to the Licensing Order, as well as providing very significant contributions to drafting the guidance.”
The consultation runs until Friday 13 August 2021.
The consultation paper on draft licensing legislation for short-term lets in Scotland and supporting documents can be found here: gov.scot/publications/short-term-lets/.
