Short-term Lets – Temporary Exemptions – Draft Statement of Policy - Consultation

Orkney Islands Council – Public Consultation

Civic Government (Scotland) Act 1982 (Licensing of Short-term Lets) Order 2022

Short-term Lets – Temporary Exemptions – Draft Statement of Policy - Consultation

1. The Civic Government (Scotland) Act 1982 (Licensing of Short-term Lets) Order 2022 amended the Civic Government (Scotland) Act 1982 (the Act) to require short-term lets to be licensed.

2. From 1 October 2022, new hosts and operators will require to have a licence. This means that, if they were not using their premises to provide short-term lets before 1 October 2022, they will not be permitted to take bookings or receive guests until they obtain a licence. If hosts and operators have already been using their property to provide short-term lets before 1 October 2022, they will have until 1 April 2023 to apply for a licence and will be able to operate in the meantime by continuing to advertise and promote their premises, take bookings and receive guests while their application is processed.

3. Section 1A of Schedule 1 of the Act requires licensing authorities to publish a statement of policy which will be applied regarding temporary exemptions from the requirement to obtain a short-term let licence.

4. The Council, as licensing authority operating the scheme, is proposing that temporary exemptions should not be granted. The Council’s Licensing Committee considered a report on this matter at their meeting on 22 June 2022 and further detail about the reasons for the proposal that temporary exemptions should not be granted is contained in the report, which is published as a Related Download on this page. Paper copies are available on request to the contact details at the end of this document.

5. The Council’s proposed Short-term Lets – Temporary Exemptions – Draft Statement of Policy also provides details about what “short-term let” means and the premises which will fall within the licensing scheme.

6. The Council would like to hear from you with your views on its draft Policy.

7. Responses must be received in writing by 7 August 2022 to the email or postal addresses shown at the end of this Notice. All responses must identify the name and address of the responder. By responding, all responders consent to their names and addresses being published within the report which will be presented to the Licensing Committee in terms of paragraph 8 below and which will also be published on the Council’s website.

8. A report on the outcome of this consultation on the Council’s proposed Short-term Lets – Temporary Exemptions – Draft Statement of Policy will be submitted to the Licensing Committee on 1 September 2022. The Policy must be in place by 1 October 2022.

9. Thank you for taking the time to take part in this consultation and please do not hesitate to contact this office should you wish to examine the matter further. The best way to contact the Council is to use the email address shown in paragraph 11 below and provide a contact telephone number within your email. You can also phone 01856 873535 extensions 2232 or 2229 (voice mail available).

10. The submission addresses referred to at paragraph 7 above are:

• By e-mail to: shortletslicensing@orkney.gov.uk
• By letter to: The Head of Legal and Governance, Strategy, Performance and Business Solutions, Orkney Islands Council, Council Offices, Kirkwall, Orkney KW15 1NY.

Gavin Mitchell.

Head of Legal and Governance.

Strategy, Performance and Business Solutions.

Council Offices, Kirkwall, Orkney KW15 1NY.

27 June 2022.