The East Lothian Courier reported that Mart Farm Shop & Cafe were granted occasional licences at the East Lothian Licensing Board meeting of 27 June 2024 despite having been sold alcohol without a licence being in effect.
While unclear from the press report, the Licensing Board papers reveals that the shop holds a provisional licence and there was a gap in the occasional licences. The issue was spotted by the local Licensing Standards Officer.
The Licensing Board granted the applications.
STV News report that Glasgow City Council “…has recently turned down almost 100 applications for private hire licences” leading to safety fears.
The main issue appears to be applicants refused a private hire car licence owing to the Council’s overprovision policy. In particular, at least one applicant has purchased a vehicle in advance of the licence application being granted.
It is difficult to divine why applicants are surprised as the overprovision policy is advertised on the Council’s website.
Some may argue that overprovision is a tool designed to make sure that there are private hire cars available to do the work required: the argument being that if there are too many private hire cars then no operator can make a living and therefore, provision actually decreases.
The Scottish Government have noted that the Civic Government (Scotland) Act 1982 (Licensing of Short-term Lets) (Amendment) Order 2024 was approved.
The Government describes the updates as “technical changes” and note that these changes enable:
- Licences to be transferred to a new host, such as when accommodation is sold
- Prospective hosts building a new short-term let to apply for a provisional licence before construction is complete
- Hosts to apply for a maximum of three licence exemptions totalling six weeks in a calendar year
The amends will come into force at a date to be confirmed.
At the Local Government Housing and Planning Committee today:
"the Minister for Housing moved— …That the Local Government, Housing and Planning Committee recommends that the Civic Government (Scotland) Act 1982 (Licensing of Short-term Lets) Amendment Order 2024 be approved. The Committee agreed the motion (by division: For 4, Against 0, Abstentions 3)"[1]
There was some discussion around the amendments. Interestingly the Minister described the short-term let licensing regime as a “iterative process”[2] with undertakings at various points to review the extent of the transfer provision as they do not capture insolvency events or the death of a licence holder, the failure of the provisional licence provision to include conversions (the provision only applies to new builds), and the exemption for alcohol licensed premises.
A rough and ready transcript of the meeting can be read here.
See minutes. Concerns were expressed by Committee members who abstained that the amendments did not go far enough to address the concerns from the trade bodies and industry. ↩
We are not sure if many licensing practitioners or those in the trade would be happy with a licensing regime being described as an “iterative process”. Arguably legislation should be allowed to settle down before it is amended. Doing so creates uncertainty. ↩
On 25 June 2024, the Scottish Parliment’s Local Government, Housing and Planning Committee will consider the Civic Government (Scotland) Act 1982 (Licensing of Short-term Lets) (Amendment) Order 2024. Papers for the meeting can be accessed here.
Glasgow City Council refuse licence application as contrary to its private hire car overprovision policy – only quirk here was the applicant held a temporary licence.
Dundee City Council granted Uber a taxi booking office licence with the Licensing Committee’s convenor noting that with the applicant agreeing to comply with various conditions then there was “no legal grounds for refusal”.
This follows Uber securing a licence in Aberdeen earlier in the month.
Meanwhile, we await the Scottish Government to progress its work around updating the booking office regulations to reflect the impact of apps.[1]
At this stage, some 42 years since the passing of the Civic Government (Scotland) Act 1982, most licensing practitioners would (I think) agree it is time for a wholesale refresh of the Act as opposed to tinkering around the edges. ↩
Licensing in Scotland hopes to provide up-to-date news and commentary (time permitting) on all forms of licensing from alcohol to taxis to short-term lets. Whether that be raising awareness of academic reports or licensing authority decisions. Despite licensing’s import, it is an often neglected and little understood subject matter.
By doing so, we hope to fill – in some part – the void left by the – hopeful temporary – hiatus of SLLP.
Licensing in Scotland 