Paragraph 5 Modification relating to preliminary refusal

After paragraph 2 of schedule 1, insert—

“Preliminary refusal: breach of planning control

2A.

(1)

The licensing authority may, within 21 days of an application for a licence, refuse to consider the application if it considers that use of the premises for short-term lets would constitute a breach of planning control for the purposes of the Town and Country Planning (Scotland) Act 1997 (“the 1997 Act”) by virtue of section 123(a) or (b) of that Act.

(2)

The licensing authority must, within 7 days of deciding to refuse to consider an application for a short-term let licence, serve notice of its decision on—

(a)

the applicant,

(b)

the enforcing authority, and

(c)

the chief constable.

(3)

The notice must—

(a)

give the licensing authority’s reason for refusing to consider the application, and

(b)

inform the applicant of the effect of subsection (4).

(4)

No fee may be charged in respect of a further application for a licence in relation to the premises concerned made within 28 days of the applicant subsequently obtaining—

(a)

planning permission under Part 3 of the 1997 Act, or

(b)

a certificate of lawfulness of use or development under section 150 or 151 of the 1997 Act,

in respect of the use of the premises for short-term lets.

(5)

For the purposes of this paragraph, a refusal to consider an application under sub-paragraph (1) is not to be treated as a refusal to grant a licence under paragraph 5.”.