East Ayrshire Council is set to adopt powers that will allow it to regulate short-term lets and ensure landlords are ‘fit and proper’ following a boom in Airbnb properties.
Over the last few years, temporary stays have been criticised for denying people accommodation in their communities, particularly those areas which attract tourism.
The Scottish Government introduced legislation in January making licensing for short-term lets mandatory and giving councils more control over their operation. It will also see input from the police and fire services.
The legislation covers a number of letting types, including self-catered properties, bed and breakfasts, guest houses and glamping pods, amongst others.
A report to East Ayrshire's licensing panel states: “This report details what powers are available to the council in relation to mandatory and discretionary controls under the legislation. It also sets out the timeline for the implementation of those powers following a period of public consultation and final committee decision.”
The report asks the panel to delegate powers to allow officers to carry out a consultation on the policy. Councils must have a licensing system in place by the start of October.
It states: “Prior to the introduction of the legislation, there was no requirement to licence short term lets and, therefore, local authorities did not have the ability to regulate these types of premises."
The licensing scheme was brought in by the Scottish Government with the aim of ensuring short-term lets are ‘safe, address issues faced by neighbours, to facilitate local authorities in knowing and understanding what is happening in their area and handling complaints effectively’.
It also enables local authorities to ensure the people providing short-term lets are suitable.
Another priority of the system is to ensure a balance between the economic and tourist benefits of short-term lets and the ‘needs and concerns’ of local communities.
All new short-term lets must apply for a licence on or after October 1. Already existing short-term lets will have until April 1, 2023 to apply for a licence.
All short-term lets in East Ayrshire will require to be licensed by April 1, 2024.
The licensing scheme will cover mandatory safety criteria relating to the physical property along with a ‘fit and proper’ test to determine whether the applicant is suitable.
Every licence application would require consultation with Police Scotland and the Scottish Fire and Rescue Service, along with the council’s environmental health service and planning and building standards departments.
The council also has powers to create short-term ‘control areas’ where there are a high number of short-term lets. However, the council does not believe that this would be required in East Ayrshire.
If approved by the licensing panel, a consultation would be carried out between Friday, August 19 and Friday, September 16. The matter would then be brought back before the panel.
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