# The Civic Government (Scotland) Act 1982 (Licensing of Short-term Lets) Order 2021, Paragraph 6: Modification of paragraph 5 of schedule 1 - the grant and renewal of licences


In paragraph 5 (disposal of applications for the grant and renewal of licences) of schedule 1—
(a) after sub-paragraph (2A), insert—
“(2B) The conditions referred to in sub-paragraph (1A)(b) must not relate to any limit of the number of nights per year for which premises may be used for secondary letting.”,
(b) after sub-paragraph (3)(c), insert—
“(ca) the applicant would not be able to secure compliance with—
(i) the mandatory licence conditions, and
(ii) the standard conditions and any further conditions under paragraph 5(1A)(b) to which the licence is to be subject,
(cb) the application does not contain the information required under paragraph 1(2)(da) (the consent of each owner), or”, and
(c) after sub-paragraph (3), insert—
“(3A) A licensing authority may refuse an application for a licence for secondary letting if it considers that there is (or, as a result of granting the licence, would be) overprovision of short-term lets, or a specific type of short-term let of the same type as that to which the application relates, in the locality in which the premises is situated.
(3B) It is for the licensing authority to determine the localities within its area for the purpose of sub-paragraph (3A).
(3C) In considering whether there is or would be overprovision for the purposes of sub-paragraph (3A) in any locality, the licensing authority must have regard to—
(a) the number and capacity of licensed short-term lets in the locality, and
(b) the need for housing accommodation in the locality and the extent to which short-term let accommodation is required to meet that need, and
(c) such other matters as they consider relevant.”.

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Source: https://www.legislation.gov.uk/sdsi/2021/9780111048092/schedule/2/paragraph/6 (the official version)
Page: https://openlegislation.uk/draft-civic-government-scotland-act-1982-licensing-of-short-term-lets-order-2021/schedule-2/paragraph-6
Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.