Short Term Let Licence

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Notice: The Licensing Authority is currently dealing with a high volume of Short Term Let licence applications. Please note that you should receive an email from the Licensing Authority regarding your application by 15 November 2023.

What is a short term let?

The definition of a "short term let" is defined in The Civic Government (Scotland) Act 1982 (Licensing of Short-term Lets) Order 2022 as:

the use of residential accommodation provided by a host in the course of business to a guest, where all of the following criteria are met—

(a) the guest does not use the accommodation as their only or principal home,
(b) the short-term let is entered into for commercial consideration,
(c) the guest is not:

(i) an immediate family member of the host,
(ii) sharing the accommodation with the host for the principal purpose of advancing the guest's education as part of an arrangement made or approved by a school, college, or further or higher educational institution, or
(iii) an owner or part-owner of the accommodation,

(d) the accommodation is not provided for the principal purpose of facilitating the provision of work or services by the guest to the host or to another member of the host's household,
(e) the accommodation is not excluded accommodation and
(f) the short-term let does not constitute an excluded tenancy

For the purposes of the definition detailed above, the legislation provides that a person ("A") is an immediate family member of another person ("B") if A is:

(a) in a qualifying relationship with B,
(b) a qualifying relative of B,
(c) a qualifying relative of a person who is in a qualifying relationship with B, or
(d) in a qualifying relationship with a qualifying relative of B.

Two people are in a qualifying relationship with one another if they are:

(i) married to each other,
(ii) in a civil partnership with each other, or
(iii) living together as though they were married

A "qualifying relative" means a parent, grandparent, child, grandchild or sibling,

(c) two people are to be regarded as siblings if they have at least one parent in common,
(d) a person's stepchild is to be regarded as the person's child,
(e) a person ("C") is to be regarded as the child of another person ("D"), if C is being or has been treated by D as D's child

Are there different types of short term let licences that can be applied for?

When you apply for a Short Term Let licence, you must select what type of short term let you wish to operate. There are four different types. The four types are detailed below:

(a) Secondary letting - this is a host's accommodation which is not the host's principal home.
(b) Home Letting - this is the use of a host's home while host is away.
(c) Home Sharing - this is the use of a host's home while host is there.
(d) Home letting and Home sharing

How do I know if am I exempt from applying for a Short Term Let licence in relation to my property?

There are legal definitions for "excluded accommodation" and "excluded tenancy" that are referred to in the legal definition of "Short Term Let". These are defined in The Civic Government (Scotland) Act 1982 (Licensing of Short-term Lets) Order 2022.

The Licensing Authority would always recommend that people take their own independent legal advice on whether or not their accommodation would require a STL licence. The Licensing Authority cannot provide legal advice on whether or not a premises is excluded from requiring a Short Term Let licence.

Important Dates

Please ensure you read the table below in relation to applying for a Short Term Let licence and operating a Short Term Let.

Date	Hosts operating a STL before 1 October 2022	Never operated a STL before 1 October 2022
1 October 2022 onwards	• You can continue to operate your premises as a STL - must comply with existing laws and regulations; • You must apply to the Licensing Authority where your premises is situated for a STL licence before 1 April 2023; and • If your STL Licence application is refused by the Licensing Authority you must stop using your premises as a STL within 28 days of the decision.	• If you wish to operate a STL you must apply to the Licensing Authority in which your premises is situated; and • Must not operate a STL without a licence being granted by the Licensing Authority where your premises is situated.
1 October 2023 onwards	• Can only operate without a licence if a STL licence application has been submitted to the Licensing Authority where your premises is situated by 1 October 2023 and it has not been refused by the Licensing Authority; and • You must stop operating as a STL if your application is refused by the Licensing Authority, subject to appeal.	• Same as above.
1 January 2025 onwards	• All hosts must have a STL licence.	• Same as above

How do I Apply for a Short Term Let licence?

Application form

Please ensure you have read the pdf icon Licensing and Regulatory Committee's Short Term Lets Policy [485kb] before applying.

Please note: If you have planning permission or a certificate of lawfulness to use your premises as a Short Term Let you will be asked to upload and submit this with your application:

1. Floor/Layout Plan

Regardless of the type of Short Term Let licence you are applying for you must provide a floor plan of the premises, showing at least the following:

Rooms - living area/bedrooms/bedrooms available for guests;
Room sizes, including bedrooms and living rooms;
Location of stairs

Please note that your floor/layout plan does not need to be prepared by an architect.

For renewal applications (where you already have a licence), where there has been no change to the layout of the premises a floor plan would not be required with the application.

2. Consent from Owner(s) (this is only where the application is not being made by the owner of the Short Term Let premises)

An application for a STL licence does not have to be made by the owner of the premises. However, where an applicant other than the owner of the premises applies to the Licensing Authority for a STL licence, the applicant must provide consent from the owner, or if the title to the premises is held by more than one owner, all owners or a person authorised to act on behalf of the owner(s).

Where one or more owners

Where the premises is owned by more than one person (shared ownership) all owners will have to declare that they consent to the application, if one owner is submitting the application. These declarations would be required with the application.

Can anyone object to an application?

Yes.

All applicants for a Short Term Let licence will be required to display a statutory site notice. This site notice will advise the public of the Short Term Let licence application. The site notice must be displayed at or near the premises where it can be easily read, for 21 consecutive days. The last date for any members of the public to submit an objection or representation to the application will be detailed on the site notice as well as where and how to submit it to the Licensing Authority.

In addition, for every application received the Licensing Authority will consult with Police Scotland, Scottish Fire and Rescue Service, the Community Council where the STL premises is situated and the Elected Members for the ward area in which the STL premises is situated. These consultees will also be able to submit an objection or representation to the application.

Short Term Lets Policy

The Licensing and Regulatory Committee have agreed a Short Term Lets Policy. This Policy includes information on the following:

Temporary Licences
Temporary Exemptions
Link with Glasgow City Council's planning policy
Application Process
Maximum Occupancy Calculation
Conditions attached to Licence
Handling of Complaints

The pdf icon Short Term Lets Policy can be viewed here. [485kb].

Planning Position - New and Existing Hosts

Under the 1982 Act, a preliminary ground for refusing to consider a STL licence is when the Licensing Authority considers that, the use of the premises for a STL would constitute a breach of planning control under the Town and Country Planning (Scotland) Act 1997 (1997 Act") by virtue of section 123 (1)(a) or (b) of that Act.

The Committee is aware that Glasgow's current Planning Policy states in relation to short stay accommodation:

The occasional use of a Flat as short-stay accommodation, which is otherwise a sole or main residence, is unlikely to constitute a material change of use. Planning permission is deemed not to be required where only one lodger is accommodated in addition to one resident family.

Where a Flat is being used frequently to provide short stay accommodation there is likely to be a material change of use. In determining whether a short stay accommodation would constitute a change of use, and require planning permission under section 123 of the Town and Country Planning (Scotland) Act 1997, the Planning Authority will take account of:

The nature of services provided, such as cleaning or laundry;
The size and context of the property;
The frequency and duration of short stays; and
The number of people staying.

In terms of Houses, short stay accommodation is unlikely to require planning permission provided that it is occupied by a single household.

New Hosts:

For new hosts (those who have never operated a STL prior to 1 October 2022) applicants should note that the Licensing Authority may refuse to consider an application under paragraph 2A of the 1982 Act (Preliminary Refusal: breach of planning control) where it considers that the use of the premises as a STL would constitute a breach of planning control for the purposes of section 123 (a) or (b) of the 1997 Act. Applicants should read Glasgow's Planning Policy in relation to short stay accommodation prior to applying for a STL licence.

Applicants will be asked questions in the application form relating to:

the nature of services likely to be provided at the proposed STL;
how often the premises is likely to be used as a STL;
the likely duration of STL stays;
if the premises is a Flat, if it is accessed via a main door or a communal shared entrance; and
if the premises is a House, if it will be occupied by more than one household at a time.

Applicants will also be given an opportunity when applying for a STL licence to set out reasons within the application as to why they think planning permission or a certificate of lawfulness of use or development would not be required for the operation of the STL.

Existing Hosts

For existing hosts (those who have operated a STL prior to 1 October 2022), while a STL licence application can be lodged prior to 1 October 2023 to enable existing hosts to continue operating the STL while the application is being determined by the Licensing Authority, applicants should note that the Licensing Authority may suspend consideration of a STL application for a period of three months where it considers that the use of the premises as a STL would constitute a breach of planning control for the purposes of section 123 (a) or (b) of the 1997 Act. Applicants should read the Council's Planning Policy prior to submitting a STL licence application.

Where an application is suspended by the Licensing Authority the applicant, in these circumstances will be notified of the suspension by the Licensing Authority and must, within that three month period submit an application for planning permission or apply for a certificate of lawfulness of use or development which would, if granted, remedy the considered breach and notify the Licensing Authority that either application (planning permission or certificate of lawfulness) has been made.

The Licensing Authority may refuse to consider the STL licence application under paragraph 2A of the 1982 Act if no application referred to above is submitted to the planning authority within the three month timescale or the planning authority refuses the planning permission application or certificate of lawfulness of use or development and the applicant does not appeal against that decision or cannot appeal that refusal.

In order for the Licensing Authority to determine whether it considers that the use of the premises as a STL would constitute a breach of planning control for the purposes of section 123 (a) or (b) of the 1997 Act applicants will be asked the following questions in the application form:

nature of services provided at the STL;
how often the premises is used as a STL;
the duration of STL stays;
if the premises is a Flat, if it is accessed via a main door or a communal shared entrance; and
if the premises is a House, if it will be occupied by more than one household at a time.

Are there conditions attached to a Short Term Let licence?

Yes.

There are mandatory conditions which must be attached. These are detailed within legislation. These conditions can be found at Appendix 1 of the Policy referred to above.

There are also additional conditions which the Committee agreed on 21 September 2022. These can be found at Appendix 2 of the Policy referred to above.

How much does it cost?

Grant

Maximum Occupancy applied for (4 or under)

Maximum Occupancy applied for (5 or more)

Secondary Letting

£275

Temporary (£137)

£440

Temporary (£220)

Home Letting or Home Sharing (or both)

£138

Temporary (£69)

£303

Temporary (£151)

Renewal

	Maximum Occupancy applied for (4 or under)	Maximum Occupancy applied for (5 or more )
Secondary Letting	£220	£385
Home Letting or Home Sharing (or both)	£83	£248

Variation

A variation application will be £83 for all types of STL licences

For maximum occupancy - please see section 14.2 of the pdf icon Policy [485kb].

How to make Payment

Payment should be made by BACS Transfer (electronic banking) to the Licensing Board Account.

When making payments please quote ST (16 digit reference remove hyphens) as detailed below:-

Account Name: Glasgow City Council - Licensing
Account No. 00116224
Sort Code: 83-44-00
Reference: STxxxxxxxxxxxxxxxx (16 digit reference remove hypens)

Payment submitted by post should be in the form of Cheque or Postal Order. All Cheques and Postal Orders should be made payable to Glasgow City Council. Do not send cash by post.

Please note that your application will not be formally lodged until payment has been received. The fees are non-refundable.

Licensed Short Term Lets - Complaints

Please note this only relates to complaints where a Short Term Let is licensed. Unlicensed Short Term Let complaints should be directed to Police Scotland.

From Guests: In the first instance, the Licensing Authority would expect any concerns from guests to be raised with the host or operator and where this cannot be resolved they should contact the Licensing Authority be emailing to licensingenquiries@glasgow.gov.uk. The email should state the licensed Short Term Let address and the concerns around the operation of the licence.

From Neighbours: In the first instance, the Licensing Authority would expect concerns from neighbours to be raised with the host or operator and where this cannot be resolved they should contact the Licensing Authority be emailing licensingenquiries@glasgow.gov.uk. The email should state the licensed Short Term Let address and the concerns around the operation of the licence.

Right of Appeal

Applicants should note that where their Short Term Let licence application has been refused by the Licensing Authority they do have a right of appeal under the 1982 Act. An appeal should be made to the Sheriff Court within 28 days from the date of the refusal. Please note that the Licensing Authority cannot provide you with any advice in relation to an appeal.