Agenda item

Consider report by Director Corporate Governance.  (Copy attached.)

With reference to paragraph 12 of the Minute of the meeting held on 24 November 2022, there had been circulated copies of a report by the Director Corporate Governance on the outcome of the review of the Short Term Lets Licensing Policy which Council agreed at its meeting last November.  The report explained that the short term lets licensing policy of the City of Edinburgh Council was recently challenged by a Judicial review in the Court of Session.  The Court determined that there were certain parts of the City of Edinburgh Council’s policy which were unlawful in a number of material respects.  As a consequence, the Association of Scotland Self Caterers in conjunction with their solicitors were currently reviewing the short term lets licensing policies of all local authorities in Scotland.  Following the completion of these reviews there is a possibility that the short term lets licensing policies of other local authorities, including the Council’s, could similarly be challenged by way of a judicial review.  In particular, the Court of Session judgement in the City of Edinburgh Judicial Review highlighted that policies which included additional conditions relating to the use of watercraft, provision of bicycles and outdoor play equipment may be in contravention of the Provision of Services Regulations 2009 and therefore subject to challenge.  In order to reduce the risk of a challenge by Judicial Review it was proposed to remove the additional conditions from the Council’s policy and replace it with the wording as highlighted under the heading of “Guest Safety- additional services or equipment” in the Additional Conditions section of the Council’s policy as detailed at Appendix 1 to the report.  This wording was consistent with that now being used by some other local authorities whose initial policies contained these additional conditions.  Members discussed the proposals and whether a 50% fee reduction met the spirit of a “token fee”.  The Director advised that the fees had been set with a view to cost recovery but without knowing the volume of likely applications a “best guess” approach had been taken.

VOTE

Councillor Parker, seconded by Councillor Thomson, moved that the recommendations in the report be approved.

Councillor Pirone, seconded by Councillor Tatler, moved as an amendment that the recommendations contained in the report be amended to read as follows:-

(a)     “Notes the reasons for the proposed amendments and thereafter approves the amendments to the policy as detailed at Appendix 1, subject to the undernoted qualifications:

          (i)      Paragraph 10.2 of the Appendix is amended to add a second bullet point which states “for holiday home swap purposes”;

          (ii)     The final line of the table at Paragraph 17 (Fees) of the Appendix is amended to achieve the following:

                   (1)     The fee for a temporary exemption is set at 1/3 of the full price; and

                   (2)     Where a temporary licence has been granted, and the applicant applies for a permanent licence within the relevant 6 week period, the fee for that permanent      licence will be discounted in the amount of the fee paid for the temporary licence.

                   (with the precise wording of these changes delegated to the Director of Corporate Governance).

(b)     Thereafter instructs the Director of Corporate Governance to adopt the amended policy with immediate effect, subject to the above amendments; and

(c)     Instructs the Director of Corporate Governance to bring a further paper to Council to provide clarity on whether the 6-week period of an exemption needs to be a continuous period and whether it is necessary to apply all of the mandatory conditions to such a temporary exemption.”

          On a show of hands Members voted as follows:-

          Motion                -           6 votes

          Amendment       -           21 votes

          The amendment was accordingly carried.

         DECISION

         DECIDED to:-

          (a)     note the reasons for the proposed amendments and thereafter approve the amendments to the policy as detailed at Appendix 1 to the report, subject to the undernoted qualifications:

                   (i)      Paragraph 10.2 of the Appendix be amended to add a second bullet point which stated “for holiday home swap purposes”;

                   (ii)     The final line of the table at Paragraph 17 (Fees) of the Appendix was amended to achieve the following:

                            (1)     The fee for a temporary exemption was set at 1/3 of the full price; and

                            (2)     Where a temporary licence had been granted, and the applicant applied for a permanent licence within the relevant 6 week period, the fee for that permanent licence would be discounted in the amount of the fee paid for the temporary licence.

                   (with the precise wording of these changes delegated to the Director of Corporate Governance);

          (b)     instruct the Director of Corporate Governance to adopt the amended policy with immediate effect, subject to the above amendments; and

          (c)     instruct the Director of Corporate Governance to bring a further paper to Council to provide clarity on whether the 6-week period of an exemption needed to be a continuous period and whether it was necessary to apply all of the mandatory conditions to such a temporary exemption.