Short-term lets - licensing scheme and planning control area legislation: draft business and regulatory impact assessment (BRIA)

Business and regulatory impact assessment (BRIA) relating to the Civic Government (Scotland) Act 1982 (Licensing of Short-term Lets) Order 2021 (“the Licensing Order”) and the Town And Country Planning (Short-Term Let Control Areas) (Scotland) Regulations 2021 (“the Control Area Regulations”).

L: Digital Impact Test

147. The Licensing Order and Control Area Regulations are a response to a rapid growth in short-term lets, largely driven by the success of online platforms. The technology might be expected to evolve further but the basic business model of facilitating the matching of guest to host, where either are based anywhere in the world, is unlikely to change.

148. This legislation is relevant and important however the accommodation is marketed and made available. At the end of the day, it will always involve the physical presence of guests in a physical structure. Making sure that this can take place safely, and without undue adverse impact on neighbours and communities, will continue to be important.

149. The licensing scheme is capable of operating efficiently through on-line means with:

  • applications submitted on-line by hosts to local authorities;
  • licence URNs displayed by platforms on websites;
  • public access to the register through local authority websites;
  • use of photos or videos submitted to local authorities to demonstrate compliance;
  • other electronic certification or scanned images of paper certification; and
  • participation in licensing committee hearings through videoconferencing.

150. The degree to which this is possible will depend on the policies, practices and technology available in each local authority area.



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