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”).

I: Competition Assessment

132. Where short-term lets continue to operate, the legislation will improve competition by ensuring basic safety standards are applied in all accommodation. (This removes the “cheat’s advantage”.) It will increase hosts’ incentives to compete vigorously on discretionary quality considerations such as guest comfort and unique selling points.

133. In some areas, local authorities may choose to implement the legislation specifically to reduce the number of short-term lets and this could be expected to increase demand for hotel accommodation in these areas. However, local authorities will not want to overregulate the sector. Every local authority welcomes the contribution to the local economy from visitors and local authorities compete to attract visitors to Scotland to their area. Local authorities will use their new powers to find the right balance between the interests of local residents and communities and their wider tourism economy. It will be for local authorities to consider this impact in detail as and when they use the powers.

134. The legislation should not adversely impact Scotland’s competitiveness. The legislation will provide greater assurance to foreign visitors about their stay. It should improve Scotland’s reputation as a place to stay.

Will the proposal directly limit the number or range of suppliers? No

Will the proposal indirectly limit the number or range of suppliers? Yes see paragraph 133 above.

Will the proposal limit the ability of suppliers to compete? No

Will the proposal reduce suppliers' incentives to compete vigorously? No



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